Section 301 Investigations

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On December 23, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Federal Register notice in which it amends the Export Administration Regulations (EAR) by adding a new Military End User (MEU) List. This list identifies entities that BIS has determined are military end users for purposes of the “military end…

On December 22, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued formal notification in the Federal Register of its addition of 77 entities to its Entity List. BIS determined that these entities are “engaging in or enabling activities contrary to U.S. national security and foreign policy interests.”  While these listings were…

On December 18, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a brief press statement announcing that it has “added” more than 60 entities to the Entity List, including Chinese company Semiconductor Manufacturing International Corporation (SMIC), in order to “protect U.S. national security.” The Chinese companies include entities that enable human…

On December 11, 2020, the Treasury Department submitted its first report to Congress under the Hong Kong Autonomy Act, stating that to date it has not identified any foreign financial institutions (FFIs) that have knowingly conducted a significant transaction with an identified foreign person under the Hong Kong Autonomy Act (HKAA). The Department of…

On December 3, 2020, the Department of Defense (DOD) released the names of four additional “Communist Chinese military companies” operating directly or indirectly in the United States in accordance with the statutory requirement of Section 1237 of the National Defense Authorization Act (NDAA) for Fiscal Year 1999, as amended. The companies are:

  • China Construction Technology

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On November 30, 2020, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned and placed on the Specially Designated Nationals (SDN) List China National Electronics Import and Export Corporation (CEIEC). The Treasury Department indicated in a press release that this designation was due to CEIEC’s support for “the illegitimate Maduro regime’s efforts…

On November 25, 2020, the State Department issued a Federal Register Notice announcing the imposition of nonproliferation measures against certain Chinese and Russian entities for the transfer of goods, services, or technology controlled under multilateral control lists (Missile Technology Control Regime, Australia Group, Chemical Weapons Convention, Nuclear Suppliers Group, Wassenaar Arrangement) or otherwise having the…

On November 25, 2020, the Office of the U.S. Trade Representative (USTR) issued a Federal Register notice announcing that it will hold a virtual public hearing on December 28, 2020, in its ongoing investigation into Vietnam’s acts, policies and practices related to its import and use of illegally harvested or traded timber.  See Update of…

On November 25, 2020, the Office of the U.S. Trade Representative (USTR) issued a Federal Register notice announcing that it will hold a virtual public hearing on December 29, 2020, in its ongoing investigation into Vietnam’s currency valuation.  See Update of October 6, 2020.  A written request to appear at the hearing must be…

Key Notes:

  • Executive Order 13959 bans U.S. persons from transacting in publicly traded securities or derivatives or similar securities of any publicly traded Chinese companies designated by the U.S. Department of Defense as enabling Chinese military aims.
  • It also authorizes the secretary of the treasury to identify subsidiaries of the named companies, which will be

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