Effective November 1, 2021, the Department of State’s Directorate of Defense Trade Controls (DDTC) amended the International Traffic in Arms Regulations (ITAR) to add and update entries for Ethiopia and Eritrea, respectively. As a result, it is now the policy of the United States to deny licenses and other approvals for exports of defense articles
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.
United States and European Union Reach Agreement on Steel and Aluminum Imports; Section 232 Duties to Be Removed
On October 30, 2021, the United States and the European Union (EU) reached an agreement regarding the Section 232 tariffs on steel and aluminum imports from the EU that were implemented during the Trump administration. Under the agreement, the United States will replace the current Section 232 duties with tariff-rate quotas (TRQs) for covered EU…
BIS Issues New Cybersecurity Export Controls
On October 21, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS), released an Interim Final Rule to implement export controls on certain cybersecurity items that can be used for malicious cyber activities. Public comments are accepted until December 6, 2021. The final rule will become effective on January 19, 2022, and will…
United States, Austria, France, Italy, Spain and the United Kingdom Reach Agreement on Digital Services Taxes
On October 21, 2021, the Department of the Treasury announced that the United States has reached an agreement with Austria, France, Italy, Spain and the United Kingdom on the treatment of digital services taxes (DSTs), a little more than a month before the United States was scheduled to implement additional duties of 25% on certain…
USTR Seeks Public Comment on Reinstatement of Certain Exclusions for Imports Subject to Section 301 China Tariffs
On October 5, 2021, the Office of the U.S. Trade Representative (USTR) announced that it is seeking public comments on whether to reinstate previously extended product exclusions for certain imports from China subject to Section 301 tariffs. Of the more than 2,200 product exclusions that were granted by USTR during the administration of President Donald…
BIS Issues Final Rule Expanding Controls on Export of Biotechnology Software
The Commerce Department’s Bureau of Industry and Security (BIS) has released a final rule to implement a multilateral agreement to control certain biotechnology software that could be misused for biological weapons purposes. This final rule amends the Export Administration Regulations (EAR) to implement the decision finalized by the Australia Group (AG) on August 6, 2021.…
USTR Katherine Tai Explains the Biden Administration’s “New Approach to the U.S.-China Trade Relationship”
In an October 4, 2021 speech, U.S. Trade Representative (USTR) Katherine Tai offered several broad insights into President Joseph Biden’s approach to the U.S.-China trade relationship. Noting that this relationship is complex, competitive and “one of profound consequence,” she stated that “[f]or too long, China’s lack of adherence to global trading norms has undercut the…
U.S. and Vietnam Resolve Section 301 Timber Investigation
On October 1, 2021, the Office of the United States Trade Representative (USTR) announced that the United States and the Socialist Republic of Vietnam (Vietnam) reached an agreement resolving the Section 301 investigation into Vietnam’s alleged import and use of timber illegally harvested or traded. The investigation was initiated in October 2020 by former President…
U.S. Freight Rail Coupler Industry Files Trade Remedy Petitions Against Imports from China
On September 29, 2021, the Coalition of Freight Coupler Producers, consisting of Amsted Rail Company, Inc. and McConway & Torley LLC (“Petitioners”), filed petitions with the U.S. Department of Commerce (“Commerce”) and the U.S. International Trade Commission (ITC) seeking antidumping and countervailing duties on imports of freight rail coupler (FRC) systems and components from the…
U.S.-EU Hold Inaugural Trade and Technology Council Meeting
On September 29, 2021, the inaugural meeting of the United States–European Union Trade and Technology Council (TTC) met to discuss and establish “common principles to update the rules for the 21st century economy.” Attending were U.S. Co-Chairs, Secretary of State Antony Blinken, Secretary of Commerce Gina Raimondo and United States Trade Representative Katherine Tai, and…
