On February 18, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a notice in the Federal Register announcing formal actions to limit exports and reexports of sensitive goods to Burma’s military and security services as previously announced by press release. See Update of February 12, 2021. In response to the
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.
CIT Issues Procedural Orders in China Section 301 Tariff Refund Litigation
The three-judge panel established by the Court of International Trade (CIT) to manage the China Section 301 tariff refund litigation has issued two procedural orders in the recently-established master case (Court No. 21-cv-00052-3JP) (see Update of February 8, 2021), setting a path forward for this massive litigation.
In a February 10, 2021 order…
Biden Administration Asks Federal Courts to Pause TikTok and WeChat Cases
The Department of Justice (DOJ) has filed motions in federal court seeking a pause in litigation involving TikTok and WeChat until the new administration of President Joseph Biden has time to consider former President Trump’s August 6, 2020 Executive Orders declaring that these Chinese social media apps are a national security threat and prohibiting certain…
BIS Restricts Exports of Sensitive Items to Burma’s Military and Security Services
On February 12, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) announced that was implementing restrictions on the export of “sensitive items” to Burma’s Ministry of Defense, the Ministry of Home Affairs, armed forces, and security services in response to the Burmese military’s February 1 coup to overthrow the civilian government of…
U.S. International Trade Commission Terminates Section 201 Global Safeguard Investigation of Blueberry Imports
On February 11, 2021, in a unanimous 5-0 vote, the U.S. International Trade Commission (USITC) terminated its Section 201 global safeguard investigation of U.S. blueberry imports, determining that increased imports of fresh, chilled, or frozen blueberries are not a substantial cause of serious injury, or threat of serious injury, to the domestic industry producing an…
President Biden Issues Executive Order Sanctioning Burmese Military Leaders and Entities Involved in Coup
President Biden Issues Executive Order Regarding Military Coup in Burma and Sanctioning Military Leaders
On February 10, 2021, President Joe Biden issued an Executive Order concerning the military coup in Burma on February 1, 2021, in which the military overthrew the democratically elected civilian government and arrested numerous government leaders, politicians, human rights defenders, journalists,…
CIT Proceeds with China Section 301 Tariff Refund Litigation with Appointment of Three-Judge Panel
In a February 5, 2021 order, after months of delay, the U.S. Court of International Trade (CIT) is proceeding in the China Section 301 tariff refund litigation with the appointment of a three-judge panel consisting of Judge Mark A. Barnett, Judge Claire R. Kelly and Judge Jennifer Choe-Groves. This is the CIT’s first action…
President Biden Issues Executive Order for “Buy American” Criteria in Federal Contracting
On January 25, 2021, President Joe Biden issued an Executive Order (EO) stating that the “United States Government should, whenever possible, procure goods, products, materials, and services from sources that will help American businesses compete in strategic industries and help America’s workers thrive.” The EO tightens Buy American requirements by enhancing enforcement efforts, increasing domestic…
DDTC Updates Review Policy for Commercial Sales and Exports of Precision-Guided Munitions
The Department of State’s Directorate of Defense Trade Controls (DDTC) has announced that it will be adjusting the review policy to ensure U.S. partners receiving such items can employ them in a manner that will “minimize collateral damage and mitigate harm to civilians.”
The announcement notes that the “responsible and effective employment of PGMs requires…
Biden Administration Places Hold on Recent Regulations Pending Review
On January 20, 2021, Ronald Klain, President Joseph Biden’s Chief of Staff, issued a memorandum to the current heads of all executive branch departments and agencies placing a freeze on the implementation of any new federal regulations, a typical move at the start of a new president’s term. This hold on further action will allow…
