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Global Trade & Sanctions Law

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Heightened Risks and Plenty of Pitfalls: Avoiding Corruption during COVID-19

Over the past nine months, companies and governments have competed for goods and materials amidst scarcity and disrupted supply chains.  At the same time, governments, central banks, international organizations and NGOs have poured money into economies, hoping to provide relief, meet demand to procure essential goods, and find solutions to…

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UK Imposes First Global Human Rights Sanctions

As we’ve discussed previously, in 2018, the UK enacted the Sanctions and Anti-Money Laundering Act (the Act), allowing it to impose its own post-Brexit autonomous sanctions regime. On July 6, 2020, the UK imposed its first sanctions under the Act: the Global Human Rights Sanctions Regulations 2020 (the Regulations). Under…

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The USMCA’s Rapid Response Mechanism for Labor Complaints: What to Expect Starting July 1, 2020

On July 1, 2020, the United-States-Mexico-Canada Agreement (USMCA) entered into force, replacing the 26-year-old North American Free Trade Agreement (NAFTA). The U.S. government has taken several steps toward implementation via executive order and proposed regulations, but the legal framework remains a work in progress. One of the most closely watched…

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U.S. Government Efforts to Eliminate Supply Chain Threats from China to Telecommunications Networks

The U.S. government has issued several rules aimed at excluding, and in some cases removing, Chinese-origin equipment from U.S. telecommunications networks. Most of these rules apply to U.S. government networks, but some extend to private sector telecom infrastructure and services with no nexus to the U.S. government. Wireline Competition Bureau…

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The United States No Longer Considers Hong Kong Autonomous from China, Setting the Stage for Rule Changes that Could Disrupt Trade and Economic Relations

Since the handover of Hong Kong by the United Kingdom to China in 1997, Hong Kong has enjoyed separate treatment from the mainland by the United States, other countries and international organizations pursuant to the “one country, two systems” model agreed to by the Chinese government.  The United States-Hong Kong…

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BIS Adds 33 Chinese Entities to Entity List

On May 22, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced that it will add 33 Chinese companies and institutions to the Entity List.  The designations will prohibit the export, re-export, or in-country transfer of items subject to the Export Administration Regulations (EAR). The new…

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CFIUS Proposes Mandatory Declaration Requirement Based on U.S. Export Control Criteria

On May 21, 2020, the U.S. Department of the Treasury published a proposed rule that would revise the mandatory declaration requirement for foreign investments involving a U.S. business that produces, designs, tests, manufactures, fabricates, or develops one or more critical technologies. Currently, a key element of the mandatory declaration requirement…

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BIS Amends Direct Product Rule To Target Huawei But Extends Huawei Temporary General License

On May 15, 2020 the Commerce Department announced an amendment to the direct product rule that further restricts the ability of Huawei Technologies Co., Ltd. and its affiliates on the Entity List, such as HiSilicon (collectively “Huawei”), to receive certain foreign-made semiconductor products. The Commerce Department also extended the temporary…

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FinCEN Renews Geographic Targeting Orders for 12 Metropolitan Areas around the United States

On May 8, 2020, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) reissued its Geographic Targeting Orders (GTOs) for 12 metropolitan areas.  These GTOs are identical to the November 2019 GTOs.  The GTOs require title companies and their subsidiaries and agents to collect and report information about certain…

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CFIUS and Critical Technologies: Implications for the Biotechnology and Life Sciences Sector

The COVID-19 pandemic has generated a renewed focus on biotechnology and life sciences companies. Non-U.S. investors need to be aware of the potential that the Committee on Foreign Investment in the United States (CFIUS) may have jurisdiction to review, and possibly disallow certain investments in U.S. companies. In particular, new…