On March 12, 2020, President Donald Trump signed into law H.R. 4998, the “Secure and Trusted Communications Networks Act of 2019,” which prohibits the use of certain federal funds and subsidies to purchase communications equipment or services posing national security risks. The Act, passed by both the House of Representatives and the Senate by
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.
Department of Commerce Renews Huawei Temporary General License Until May 15, 2020
The Department of Commerce’s Bureau of Industry and Security (BIS) has issued a Federal Register notice again renewing the temporary general license for Huawei Technologies Co., Ltd. and 114 of its non-U.S. affiliates on the Entity List until May 15, 2020. The expiration date for the license had been April 1, 2020. As published on…
In Annual Reports to Congress, USTR Continues to Criticize Russia and China for Poor WTO Compliance
Recently, the U.S. Trade Representative (USTR) issued its annual reports to Congress assessing how the People’s Republic of China (China) and the Russian Federation (Russia) have been complying with their World Trade Organization (WTO) accession agreements, including both their multilateral commitments and bilateral commitments with the United States. China became a member of the WTO…
President Trump Orders Unwinding of 2018 Chinese Acquisition of U.S. Company
In a rare move, President Donald Trump has issued an Executive Order that the Committee on Foreign Investment in the United States (CFIUS) direct the foreign parties involved in the acquisition of StayNTouch, Inc., a U.S. company, to divest their interests in the company. President Trump found credible evidence that Beijing Shiji Information Technology Co.,…
USTR Issues Section 301 Product Exclusions for Medical Supplies to Help Curb Coronavirus Spread
The U.S. Trade Representative (USTR) has issued a Federal Register notice exempting from List 4 (imported Chinese products with an annual trade value of $300 billion) of the Section 301 tariffs targeting China eight entire 10-digit Harmonized Tariff System (HTS) subheadings that cover 59 separate exclusion requests. While there is no reference in the notice,…
U.S. Trade Representative Releases 2020 Trade Policy Agenda and 2019 Annual Report
The Office of the U.S. Trade Representative (USTR) has released President Donald Trump’s 2020 Trade Policy Agenda and 2019 Annual Report, detailing how the Trump administration’s trade actions have resulted in “a ‘blue-collar boom’ with higher wages, more jobs and a stronger economy for all.” The report details several of President Trump’s trade accomplishments…
USTR Seeks Public Comment on Possible Extension of Section 301 Tariff Exclusions for Chinese Products on List/Tranche 1
The Office of the U.S. Trade Representative (USTR) has issued a Federal Register notice seeking public comment on the possible extension of Section 301 tariff exclusions for certain products that it granted on May 6, 2019, in the ongoing trade dispute with China. These exclusions were in the third batch of exclusions granted as part…
Federal Circuit Upholds President Trump’s Section 232 Tariff Authority
In a ruling by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), a three-judge panel has upheld a lower court’s ruling that Congress’s delegation of authority over trade does not violate the Constitution. This ruling is the result of a complaint filed in June 2018 by several steel-related trade groups alleging that…
President Trump Declines to Impose Section 232 Tariffs on Titanium Sponge Imports
On February 27, 2020, President Donald Trump issued a Presidential Memorandum declining to impose Section 232 tariffs on imports of titanium sponge. While concurring with the findings of the Department of Commerce’s Section 232 report that imports of titanium sponge threaten to impair national security, the president declined to take action in the form of…
Commerce Tightens Licensing Policy for U.S. Exports to Russia and Yemen
On February 24, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Federal Register notice announcing amendments to the Export Administration Regulations (EAR) that revise export licensing policy toward the Russian Federation and Yemen based on national security and foreign policy concerns. Under the EAR, BIS has established various “Country Group”…
