The U.S. Department of Justice unsealed an indictment charging 28 North Korean and 5 Chinese individuals (“Defendants”) with facilitating more than $2.5 billion in illegal payments for Pyongyang’s nuclear weapons and missile program through North Korea’s state-owned Foreign Trade Bank (“FTB”). DOJ alleges that the scheme involved “covert branches” of FTB in China, Russia, Libya,
May 2020
State Department Ends Sanctions Waiver Program on JCPOA-Related Iran Nuclear Projects; OFAC Designates Two Iranian Officials
On May 27, 2020, Secretary of State Mike Pompeo announced that the United States was ending the sanctions waiver pertaining to the remaining nuclear projects in Iran covered by the Joint Comprehensive Plan of Action (JCPOA) – the Arak reactor modernization conversion, the provision of enriched uranium for the Tehran Research Reactor, and the export…
USTR Revokes Two Section 301 Product Exclusions for List/Tranche 4 Products
In a May 28, 2020 Federal Register notice, the Office of the U.S. Trade Representative (USTR), without explanation or precedent, revoked two granted Section 301 product exclusions. In early May 2020, the USTR approved a batch of product exclusions for certain List/Tranche 4 products (imports from China with an annual trade value of $300…
USTR Releases Negotiating Objectives for U.S.-Kenya Trade Agreement; ITC Initiates Investigation on Probable Economic Impact on Imports from Kenya
The Office of the U.S. Trade Representative (USTR) has released its summary of specific negotiating objectives for the initiation of U.S.-Kenya trade negotiations. As part of the process of formulating these objectives, the USTR on March 23, 2020, solicited public comments (see Trump and Trade Update of April 13, 2020) and received over…
CFIUS Issues Proposed Rule That Would Alter Mandatory Declarations
On May 21, 2020, the Department of the Treasury published in the Federal Register a proposed rule to modify certain regulations of the Committee on Foreign Investment in the United States (CFIUS) pursuant to the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). While the CFIUS notification process remains largely a voluntary process with…
Commerce Seeks Comments on the Product Exclusion Process for Section 232 Steel and Aluminum Tariffs
The Department of Commerce has issued a Federal Register notice seeking public comment on (1) the appropriateness of the information its Bureau of Industry and Security (BIS) requested and considered in applying the Section 232 exclusion criteria to product exclusion requests, and (2) the efficiency and transparency of the product exclusion process itself. This request…
Commerce Requests Public Comment on Section 232 National Security Investigation Concerning Imports of Mobile Cranes
On May 26, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) published a Federal Register notice seeking public comment, data analyses, and other relevant information concerning the Department of Commerce’s May 6 initiation of a national security investigation into the impact of imports of mobile cranes pursuant to Section 232 of the…
USTR Issues Additional China Section 301 Tariff Exclusions for List/Tranche 3 Products
The Office of the U.S. Trade Representative (USTR) has issued a Federal Register notice exempting Section 301 import tariffs for certain List 3 products from China (imports from China with an annual trade value of $200 billion). The exemptions cover 17 ten-digit Harmonized Tariff System (HTS) subheadings and 61 specially prepared product descriptions, which cover…
Updated Country Guide: Government Measures in Response to COVID-19
In collaboration with our foreign law firm partners, we continue to update our chart of COVID-19 measures taken by governments around the world. The government measures in the chart include economic measures, labor and employment measures, health and safety measures, and export and import measures.
View/download the Country Guide: Government Measures in Response to COVID-19…
Commerce Issues Interim Final Rule Addressing Foreign-Produced Direct Products and Specifically Targets Huawei Technologies Co., Ltd.
The Department of Commerce’s Bureau of Industry and Security (BIS) has issued an Interim Final Rule amending General Prohibition Three, also known as the foreign-produced direct product reexport rule, so that this General Prohibition applies to certain additional foreign-made items destined for certain persons designated with a new footnote on BIS’ Entity List. Specifically, this…
