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
Section 301 Investigations
CIT Proceeds with China Section 301 Tariff Refund Litigation with Appointment of Three-Judge Panel
By Scott E. Diamond** on
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…
Webinar Invitation: Considerations for Cross-Border M&A: Canada, the UK & the U.S.
By Katie Steiss on
Considerations for Cross-Border M&A: Canada, the UK & the U.S. – Trends in Antitrust & National Security Merger Review
A SmarTrade webinar presented by Thompson Hine LLP
The past year saw significant developments in the cross-border M&A review processes in Canada, the United Kingdom and the United States. National security reviews in Canada and the…
BIS Issues Interim Final Rule Expanding Certain Controls on Activities of U.S. Persons
By Scott E. Diamond** on
On January 15, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule implementing further provisions of the Export Control Reform Act of 2018 by: (i) imposing additional export license requirements under the Export Administration Regulations (EAR) in connection with certain military-intelligence end uses and end users; (ii) clarifying…
USTR Continues to Criticize China and Russia for Poor WTO Compliance
By Scott E. Diamond** on
On January 15, 2020, the Office of the U.S. Trade Representative (USTR) released its annual reports submitted to Congress that assess China’s and Russia’s implementation of their World Trade Organization (WTO) commitments. In keeping with past annual USTR reports during the administration of President Donald Trump, the reports note that these countries’ records of compliance…
Executive Order on Investments in Communist Chinese Military Companies Amended
Key Notes:
- U.S. persons must divest their holdings of publicly traded securities, derivatives and similar instruments of CCMCs by November 11, 2021.
- Holdings in mutual funds and other pooled investment vehicles are subject to the divestment requirements.
On January 13, President Trump amended his previously issued Executive Order to address confusion over whether U.S. persons…
USTR Issues Findings in Investigation of Vietnam’s Currency Valuation Practices
By Scott E. Diamond** on
On January 15, 2021, barely two weeks after holding a public hearing into the matter and just over three months after initiating an investigation under Section 301 of the Trade Act of 1974, the Office of the U.S. Trade Representative (USTR) issued its findings regarding Vietnam’s currency valuation. USTR found that “Vietnam’s acts, policies, and…
Commerce Adds and Removes Entities on Entity List and the MEU List
By Scott E. Diamond** on
On January 14, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Federal Register notice announcing the addition and removal of certain Chinese and Russian entities from the Entity List and the Military End-User (MEU) List.
Notably, BIS added China National Offshore Oil Corporation Ltd. to the Entity List for its…
OFAC Publishes Formal Hong Kong Sanctions Regulations
By Scott E. Diamond** on
On January 15, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) published in the Federal Register final regulations to implement a July 14, 2020 Hong Kong-related Executive Order. In Executive Order 13936, President Donald Trump determined that Hong Kong was no longer sufficiently autonomous from the People’s Republic of China…
USTR Releases Findings in Digital Services Taxes Investigations Involving Austria, Spain and the United Kingdom
By Scott E. Diamond** on
The Office of the U.S. Trade Representative (USTR) has issued findings in three more Section 301 investigations of Digital Service Taxes (DSTs) adopted by Austria, Spain and the United Kingdom. In the reports, the USTR found that each of the DSTs “discriminates against U.S. companies, is inconsistent with prevailing principles of international taxation, and burden…