On April 15, 2024, the U.S. Department of the Treasury, as Chair of the Committee on Foreign Investment in the United States (CFIUS), issued a Notice of Proposed Rulemaking (NPR) to enhance certain CFIUS procedures. This proposed rule would modify certain provisions in the CFIUS regulations pertaining to: (i) penalties for violations of statutory or
OFAC Again Extends Venezuela General License Delaying PdVSA 2020 8.5% Bond-Related Authorizations
On April 15, 2024, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued General License (GL) 5O, “Authorizing Certain Transactions Related to the Petróleos de Venezuela, S.A. 2020 8.5 Percent Bond on or After August 13, 2024,” which continues to delay U.S. persons’ ability to enforce bondholder rights to the CITGO
BIS Releases Interim Final Rule Further Revising Export Controls on Advanced Computing and Semiconductor Manufacturing
On April 4, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) released another Interim Final Rule (IFR) offering clarification and correcting inadvertent errors made in earlier rulemakings regarding the implementation of significant export controls on certain advanced computing items and supercomputer and semiconductor end use. This latest rule is effective April 4
USTR Releases 2024 National Trade Estimate Report on Foreign Trade Barriers
The Office of the U.S. Trade Representative (USTR) released on March 29, 2024, its annual National Trade Estimate Report on Foreign Trade Barriers (NTE Report) that addresses the status of foreign trade and investment barriers to U.S. exports worldwide. This is the U.S. government’s major annual report on the barriers to U.S. exports of goods
Commerce Releases New Resource to Help Identify Boycott-Related Requests
On March 28, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) announced a new resource to help identify boycott-related requests U.S. persons and companies may receive during the regular course of conducting business. The resource is a public list of entities identified as making a boycott-related request in reports received by the BIS
BIS Amends EAR to Expand Export Controls on OFAC SDN-Listed Persons
On March 20, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule implementing restrictions under the Export Administration Regulations (EAR) on persons who have been designated and placed on the Specially Designated Nationals (SDN) List maintained by the Department of the Treasury’s Office of Foreign Assets Control (OFAC). Under Secretary
CBP Publishes Final Rule on Procedures for Investigating Claims of Evasion of AD/CVD Duties
On March 18, 2024, U.S. Customs and Border Protection (CBP) published a final rule to implement procedures to investigate claims of evasion of antidumping and countervailing duty (AD/CVD) orders in accordance with Title IV of the Trade Facilitation and Trade Enforcement Act of 2015 (known as the Enforce and Protect Act or EAPA). This final
New Law Adds the Secretary of Agriculture to the Committee on Foreign Investment in the United States
On Saturday, March 9, 2024, President Biden signed a six-bill appropriations package to fund the U.S. government through September 30, 2024. In doing so, he codified a notable trade-related policy rider that adds the Secretary of Agriculture “on a case by case basis” to the Committee on Foreign Investment in the United States (“CFIUS” or
Section 301 Petition Filed at USTR on China’s Policies in the Maritime, Logistics and Shipbuilding Sector
On March 12, 2024, five national labor unions filed a petition with the Office of the U.S. Trade Representative (USTR) under Section 301 of the Trade Act of 1974 requesting an investigation into the acts, policies, and practices of China in the maritime, logistics, and shipbuilding sector. Section 301 allows the United States to respond
USTR Requests Public Comments to Bolster Supply Chain Resilience
On March 7, 2024, the Office of the U.S. Trade Representative (USTR) published a Federal Register notice seeking public comments to help develop trade and investment policy initiatives aimed at making supply chains more resilient.
The USTR is interested in responses to one or more of the twelve questions outlined in the Federal Register notice.