On January 5, 2022, the multi-agency Committee on Foreign Investment in the United States (CFIUS) announced its determination that two countries – Australia and Canada – “have made significant progress toward establishing and effectively utilizing a robust process to analyze foreign investments for national security risks and to facilitate coordination with the United States on
Scott E. Diamond**
Scott is a senior policy advisor with more than 25 years' experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.
**Not licensed to practice law.
CBP Issues Guidance on EU Section 232 Tariff Rate Quotas on Imports of Aluminum and Steel Articles
On December 29, 2021, U.S. Customs and Border Protection (CBP) issued several guidance documents through its Cargo Systems Messaging Service concerning recent Presidential Proclamations that established the tariff rate quota (TRQ) process for imports of aluminum and steel articles from the member countries of the European Union (EU). See Update of December 29, 2021 for…
Changes to HTSUS Classifications to be Effective on January 27, 2022
On December 28, 2021, Presidential Proclamation 10326 directing the modification of the Harmonized Tariff Schedule of the United States (HTSUS) was published in the Federal Register, triggering the 30-day implementation process. As previously reported — see Update of November 23, 2021 — the recommended HTSUS modifications will primarily update the HTSUS to conform to…
President Biden Issues Proclamations Adjusting Imports of Steel and Aluminum into the United States
On December 28, 2021, President Joseph Biden issued two proclamations – Adjusting Imports of Steel into the United States and Adjusting Imports of Aluminum into the United States. In each proclamation, the president acknowledged that:
“the United States has successfully concluded discussions with the EU [European Union] on behalf of its member countries on…
FDA VQIP Application Portal Opens on January 1, 2022
On January 1, 2022, the Food and Drug Administration (FDA) will open the Voluntary Qualified Importer Program (VQIP) for FY 2023. Participants in the fee-based program receive expedited review of animal and human foods entering the United States. Specifically, an import screening tool will be used to recognize and typically immediately release shipments that are…
USTR Again Criticizes Russia for Poor WTO Compliance
On December 21, 2021, the Office of the U.S. Trade Representative (USTR) released its annual report submitted to Congress assessing Russia’s implementation and enforcement of its World Trade Organization (WTO) commitments. In keeping with the tone of past annual USTR reports on this topic, Ambassador Katherine Tai, the USTR, stated that the 2021 report…
OFAC Identifies Eight Chinese Companies as Chinese Military-Industrial Complex Companies
On December 16, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced it was placing another eight Chinese technology firms on its Non-SDN Chinese Military-Industrial Complex Companies List (CMIC List). This action was taken pursuant to Executive Order 13959 (as amended by Executive Order 14032), which prohibits U.S. persons from conducting…
BIS and DDTC Revise Export Controls for Cambodia
On December 9, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) announced that it was amending the Export Administration Regulations (EAR) to apply more restrictive treatment to exports and reexports to, and transfers within, Cambodia of items subject to the EAR. BIS stated that it is taking this action “to address recent…
President Biden Issues Executive Order Imposing Sanctions Regarding the Global Illicit Drug Trade
On December 15, 2021, President Joseph Biden signed “Executive Order on Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade,” an order finding that “the trafficking into the United States of illicit drugs, including fentanyl and other synthetic opioids, is causing the deaths of tens of thousands of Americans annually,…
Australia, Denmark, Norway & the United States Undertake Export Control and Human Rights Initiative
On December 10, 2021, the United States joined Australia, Denmark and Norway in announcing the Export Controls and Human Rights Initiative in recognition that “advanced technologies are a vital part of global economic growth and communication, helping people become more interconnected, share knowledge, and advance freedom, democracy, and opportunity” while also acknowledging that authoritarian governments…
