On January 18, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an Interim Final Rule extending export controls currently in place for China on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items to the Macau Special Administrative Region of China (“Macau”). While China
CFIUS Determines It Has No Jurisdiction Over Proposed Chinese-Owned Real Estate in North Dakota
Key Notes:
- Real estate projects may be subject to CFIUS national security review if close to sensitive locations.
- Proactive planning can mitigate transaction delays.
- Security concerns may be broader than CFIUS regulatory issues and merit multi-tiered government and public outreach.
The Committee on Foreign Investment in the United States (CFIUS) recently reviewed a proposed real
USTR Extends Termination Date for Certain Chinese Products Subject to Section 301 Tariff Exclusions
On December 16, 2022, the Office of the U.S. Trade Representative (USTR) released a Federal Register notice announcing that it was extending the termination date — from December 31, 2022 until September 30, 2023 — for Section 301 tariff exclusions that apply to 352 Chinese products. These exclusions were initially reinstated on March 28, 2022 (
BIS Adds 36 Chinese Companies to Entity List for Support of China’s Military Modernization, Human Rights Violations and UAV Concerns
Effective December 16, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Final Rule adding 36 Chinse entities to BIS’s Entity List. These additions are intended to further restrict China’s “ability to leverage artificial intelligence, advanced computing, and other powerful, commercially available technologies for military modernization and human rights abuses,” according
BIS Places More Russian Companies on Entity List and Sanctions Alleged Procurement Network
Effective December 16, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Final Rule announcing that it was moving nine Russian companies from the Unverified List to the more restrictive Entity List. BIS stated it has continuously been unable to verify the bona fides of these companies due to the Russian
Treasury Sanctions Network of Chinese Fishing Vessels for Serious Human Rights Abuses
On December 9, 2022, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned two Chinese individuals and a vast network fishing vessels they control, including Pingtan Marine Enterprise Ltd. (PME) and Dalian Ocean Fishing Co., Ltd. (Dalian), for perpetrating serious human rights abuses and corruption via illegal, unreported, and unregulated (IUU) fishing. Although
USTR Again Extends Section 301 Tariff Exclusions for COVID-19 Products from China
On November 23, 2022, the Office of the U.S. Trade Representative (USTR) announced the further extension of exclusions for numerous products used to combat COVID-19 that are subject to China Section 301 tariffs. The exclusions were scheduled to expire on November 30, 2022, and have been extended for an additional 90 days, until February 28,
USTR Portal for Accepting China Section 301 Tariff Comments Now Open
As previously reported, on November, 15, 2022, the Office of the U.S. Trade Representative (USTR) opened a docket to receive public comments on the continuation of tariffs in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The questionnaire form provides sections for comments on both
OFAC Extends Authorizations Under Russia General License 13 for Payment of Various Administrative Fees
On November 21, 2022, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a revised Russia-related General License (GL) 13C, “Authorizing Certain Administrative Transactions Prohibited by Directive 4 under Executive Order 14024,” which states that U.S. persons are authorized to pay taxes, fees, or import duties and purchase or receive permits,
Government Defendants File Response to Plaintiffs’ Comments on USTR’s Remand Explanation in Section 301 Tariff Refund Litigation
On Friday, November 4, 2022, the government defendants in the ongoing Court of International Trade (CIT) litigation challenging the validity of the China Section 301 tariffs filed their response to the comments of the plaintiff group and amici curiae on the remand explanation of the Office of the U.S. Trade Representative (USTR). In filing their