Tag Archives: national security

President Trump: “When It Comes to Leverage, Tariffs Are King” – What You Need to Know

Since taking office in January 2017, President Trump has made use of several provisions of US law – including Section 301, targeting unfair trade practices, and Section 232, targeting threats to national security – to bring trading partners to the negotiating table. Major developments over the last two weeks could impact global supply chains across a wide range … Continue Reading

US Commerce Department Offers Huawei and Affiliated Suppliers Interim Reprieve by Granting Temporary General License Until August 2019

On May 22, 2019, the US Department of Commerce, Bureau of Industry and Security (BIS) is expected to publish in the Federal Register a Final Rule creating a 90-day Temporary General License (TGL) for Huawei Technologies Co., Ltd. (Huawei) and the 68 affiliated Huawei entities (collectively, the “Huawei Listed Companies”) that were added to the … Continue Reading

Trump Secures US Telecom Supply Chain with Executive Order; Related Huawei Actions

On May 15, 2019, President Donald Trump issued an Executive Order (EO) titled “Securing the Information and Communications Technology and Services Supply Chain.” The long-awaited EO addresses the use in US communications networks of technologies from certain types of foreign companies.… Continue Reading

Commerce Extends Deadline for Public Comments to Export Controls on Emerging Technologies to January 2019

UPDATE:  BIS is extending the public comments deadline on emerging technology export controls from December 19 this year to January 10, 2019, per an unpublished Federal Register notice released on December 13. The proposed rule will officially appear in the Federal Register on December 14. Posted on November 26, 2018 On November 19, 2018, the US … Continue Reading

CFIUS Reform: Understanding FIRRMA

On August 14, 2018, legislation reforming the Committee on Foreign Investment in the United States (CFIUS), the Foreign Investment Risk Review Modernization Act (FIRRMA), and dual-use export controls, the Export Controls Reform Act (ECRA), were signed into law as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) (H.R. … Continue Reading

US House of Representatives Holds CFIUS Hearing

On Thursday, December 14, 2017, the House Financial Services Subcommittee on Monetary Policy and Trade held a hearing titled “Examining the Operations of the Committee on Foreign Investment in the United States (CFIUS).”  The hearing focused on CFIUS’s current effectiveness, the challenges it faces in the current economic environment, and potential improvements to increase its … Continue Reading

CFIUS Reform: Proposed Legislation to Expand National Security Reviews

The Foreign Investment Risk Review Modernization Act of 2017 (“S. 2098/H.R. 4311” or FIRRMA) was introduced in the US Congress on November 8, 2017 to institute “a modernization of the processes and authorities” of the Committee on Foreign Investment in the United States (CFIUS or the “Committee”).… Continue Reading

Proposed Bill to Assess Chinese Acquisitions of US Financial Services Company and Temporarily Halt Pending Acquisitions

On November 2, 2017, Representative Christopher Smith (R-NJ), introduced a bill that would “authorize a review of financial services industry requirements of the People’s Republic of China and the implications of such requirements on national security interests of the United States.” (H.R. 4235, 115th Congress, Nov. 2, 2017).  The bill would require the Secretary of … Continue Reading

European Commission Considers a CFIUS-like Framework for Screening Foreign Investments

On September 13, 2017, the European Commission published the draft of the EU regulation establishing a common European framework for the review of incoming foreign direct investment (FDI), akin to the process in the US administered by Committee on Foreign Investment in the US (CFIUS).… Continue Reading

US Senate Introduces New CFIUS Legislation

On March 14, 2017, U.S. Senators Chuck Grassley (R-IA) and Debbie Stabenow (D-MI) introduced new legislation to “give top U.S. agriculture and food officials permanent representation on the Committee on Foreign Investment in the United States (CFIUS).”  (Senator Grassley Press Release, Grassley, Stabenow Introduce Bipartisan Legislation to Protect American Agricultural Interests in Foreign Acquisitions, Mar. … Continue Reading

BIS Issues New Rules for Exports and Re-exports to Hong Kong

Effective 19 April 2017, a new rule issued by the Department of Commerce, Bureau of Industry and Security (BIS) will require exporters or re-exporters of certain items subject to the Export Administration Regulations (EAR) to obtain and maintain proof of import or export authorization issued by the government of Hong Kong. Under the rule, persons … Continue Reading

Trade Talk: Week in Review (24-30 January 2017)

In his first week in office, President Donald Trump signed a series of documents under his executive authorities on topics ranging from trade to national security to immigration, including on “extreme vetting” of persons from select Arab countries and establishing an indefinite ban on refugees from Syria.  Speaker of the House Paul Ryan (R-Wisconsin) also … Continue Reading

What Does a Trump Trade Agenda Look Like? Here is Our Take

Likely Major Policy Developments   President-Elect Trump will enter the White House facing a dramatic decline in global trade growth. A recent World Trade Organization (WTO) report notes that 2016 marks the slowest pace of trade and output growth since the 2008 financial crisis. WTO Director-General Roberto Azevêdo called slowing trade growth “a wake-up call,” … Continue Reading

Trade Talk: Week in Review (26 September – 2 October)

The U.S. Congress is in recess until after the 8 November elections. JASTA – Congress Overturns the Veto.  Both chambers of Congress voted last week to override President Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA; S. 2040), marking the first time lawmakers have successfully overridden a veto during his eight years … Continue Reading

CFIUS Clearance: Suzhou Dongshan Precision Manufacturing Co., Ltd. and Multi-Fineline Electronix, Inc.

Status:  Clearance   Acquirer:  Suzhou Dongshan Precision Manufacturing Co., Ltd. (China) Acquired:  Multi-Fineline Electronix, Inc. (US) Value:  US$610 million Industry: Printed Circuit Boards   The $610 million acquisition by Suzhou Dongshan Precision Manufacturing Co., Ltd. (“Suzhou”), of Irvine, CA based Multi-Fineline Electronix, Inc. (“MFLX”) was cleared on June 2, 2016 by CFIUS, which issued a … Continue Reading

Trade Talk – Week in Review (16-20 May 2016)

TPP – ITC Report Released.  Late Wednesday afternoon, the ITC released its report on the effects of the proposed TPP on the U.S. economy.  The nearly 800-page report examines specific industry sectors in the United States and seeks to ascertain which would benefit or suffer from the deal.  U.S. Trade Representative Michael Froman immediately issued … Continue Reading
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