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…
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…
CBP Announces New Regional WRO on Xinjiang Cotton and Tomatoes
On January 13, 2021, U.S. Customs and Border Protection (CBP) issued a new regional withhold release order (WRO) on all cotton and tomato products grown and produced by entities operating in China’s Xinjiang Uyghur Autonomous Region. Through its investigation, CBP found reasonable indications of the use of detainee or prison labor or other situations of…
OFAC Issues Guidance Regarding Ban on Transacting in Securities of “Communist Chinese Military Companies”
Key Notes:
- The ban is effective January 11, 2021.
- Executive Order 13959 bans U.S. persons from transacting in publicly traded securities or derivatives or similar securities of publicly traded Chinese companies designated by the U.S. Department of Defense as enabling Chinese military aims.
- OFAC has identified, and will continue to add, subsidiaries of the named
…
President Trump Issues Executive Order Banning Transactions Involving Eight Chinese Software Applications
By Scott E. Diamond** on
On January 5, 2021, President Donald Trump issued an executive order declaring that beginning on February 19, 2021, “any transaction by any person, or with respect to any property, subject to the jurisdiction of the United States, with persons that develop or control the following Chinese connected software applications, or with their subsidiaries, … :…
USTR Extends Section 301 Tariff Exclusions for Certain Chinese Medical Products Due to COVID-19 Response
By Scott E. Diamond** on
The Office of the U.S. Trade Representative (USTR) has announced that it is extending until March 31, 2021, Section 301 tariff exclusions for imports of certain Chinese medical care products needed to address the COVID-19 pandemic. Effective January 1, 2021, Section 301 tariff exclusions have been extended for a variety of Chinese medical care products,…
Commerce Issues Military End User List for Exports to China and Russia
By Scott E. Diamond** on
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…
Commerce Publishes Additions to Entity List, Including China’s SMIC and Entities Supporting China’s Human Rights Abuses and Territorial Claims to the South China Sea
By Scott E. Diamond** on
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…