Trade Law
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Trade Law
International trade litigation requires patience. These disputes often span several years and involve multiple redeterminations by the agency whose action is
subject to judicial review. The appeal can get even further complicated when the original proceeding becomes entangled with one or more subsequent
administrative proceedings. And even if a party prevails on appeal, a victory may become hollow unless the appropriate agencies implement the
redetermination in a timely fashion.
subject to judicial review. The appeal can get even further complicated when the original proceeding becomes entangled with one or more subsequent
administrative proceedings. And even if a party prevails on appeal, a victory may become hollow unless the appropriate agencies implement the
redetermination in a timely fashion.
Trade Law
On January 19, 2017, the Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule increasing compliance requirements
associated with the export and reexport of items controlled under the EAR to and from Hong Kong. Specifically, the new rule requires that exporters and
reexporters obtain from their customers or consignees, prior to shipment, a valid import license or written authorization from the Hong Kong government
that no such license is required. Similarly, the rule also prohibits the reexport of EAR-controlled items from Hong Kong, unless the reexporter obtains an
export license or other written authorization from the Hong Kong government.
associated with the export and reexport of items controlled under the EAR to and from Hong Kong. Specifically, the new rule requires that exporters and
reexporters obtain from their customers or consignees, prior to shipment, a valid import license or written authorization from the Hong Kong government
that no such license is required. Similarly, the rule also prohibits the reexport of EAR-controlled items from Hong Kong, unless the reexporter obtains an
export license or other written authorization from the Hong Kong government.
Trade Law
President Obama issued an Executive Order on Friday, October 7, 2016, that effectively lifts all executive branch sanctions against Burma by terminating the
long-standing national emergency relating to Burma and revoking the Executive Orders that authorized past sanctions. The President also provided
notification to Congress as required to waive certain legislative sanctions against Burma. These actions fulfill the commitment President Obama made on
September 14, 2016, following meetings with Burmese State Counsellor Aung San Suu Kyi, and they complete the President’s efforts over the past four years
to bring reform to Burma.
long-standing national emergency relating to Burma and revoking the Executive Orders that authorized past sanctions. The President also provided
notification to Congress as required to waive certain legislative sanctions against Burma. These actions fulfill the commitment President Obama made on
September 14, 2016, following meetings with Burmese State Counsellor Aung San Suu Kyi, and they complete the President’s efforts over the past four years
to bring reform to Burma.
Trade Law
U.S. lawmakers recently submitted a letter to the Government Accountability Office (GAO) raising concerns about increased Chinese investments in the U.S.
film and entertainment industry and questioning whether the Committee on Foreign Investment in the United States (CFIUS or “the Committee”) is applying,
and has authority to apply, sufficient scrutiny to these and other inbound investments. This development could be an indication that CFIUS will increase its
examination of such investments, which would be consistent with the Committee’s application of evolving criteria for assessing national security concerns to
deals that may not present obvious CFIUS issues. Consequently, non-U.S. investors would be prudent to consider CFIUS risks in making investments in the U.S.
film and entertainment industry, as would U.S. companies seeking to divest such assets.
film and entertainment industry and questioning whether the Committee on Foreign Investment in the United States (CFIUS or “the Committee”) is applying,
and has authority to apply, sufficient scrutiny to these and other inbound investments. This development could be an indication that CFIUS will increase its
examination of such investments, which would be consistent with the Committee’s application of evolving criteria for assessing national security concerns to
deals that may not present obvious CFIUS issues. Consequently, non-U.S. investors would be prudent to consider CFIUS risks in making investments in the U.S.
film and entertainment industry, as would U.S. companies seeking to divest such assets.
Trade Law
Effective March 8, 2016, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule adding Zhongxing Telecommunications
Equipment Corporation (ZTE) of Shenzhen, China, and the following related companies to its Entity List: Beijing 8-Star International Co., located in Beijing,
China ZTE Kangxun Telecommunications Ltd., located in Shenzhen, China ZTE Parsian, located in Tehran, Iran. The Entity List imposes export restrictions and
license requirements on listed persons, effectively restricting their access to U.S.-origin items and other items subject to the Export Administration
Regulations (EAR).
Equipment Corporation (ZTE) of Shenzhen, China, and the following related companies to its Entity List: Beijing 8-Star International Co., located in Beijing,
China ZTE Kangxun Telecommunications Ltd., located in Shenzhen, China ZTE Parsian, located in Tehran, Iran. The Entity List imposes export restrictions and
license requirements on listed persons, effectively restricting their access to U.S.-origin items and other items subject to the Export Administration
Regulations (EAR).
Trade Law
Stephen Kho, Tatman Savio, Cynthia Liu and Lucy (Qiong) Lu discuss the ongoing bilateral investment treaty (“BIT”) negotiations against the backdrop of
national security concerns in China-U.S. relations. The article was published in the October 2015 issue of WorldECR, the journal of export controls and
sanctions. Click Here for the full article.
national security concerns in China-U.S. relations. The article was published in the October 2015 issue of WorldECR, the journal of export controls and
sanctions. Click Here for the full article.
Trade Law
Chinese President Xi Jinping’s visit to Washington D.C. led to a very significant agreement on cybersecurity, as reflected by The White House fact sheet
released Friday (excerpted below). The agreement addresses a core U.S. economic interest that analysts didn’t expect to become the subject of agreement
during the Chinese President’s U.S. visit.
released Friday (excerpted below). The agreement addresses a core U.S. economic interest that analysts didn’t expect to become the subject of agreement
during the Chinese President’s U.S. visit.
Trade Law
The recent hacking of the sensitive personal information of millions of American public servants at the Office of Personnel Management (OPM) points out a
noteworthy distinction in how the U.S. government views some types of cybersecurity breaches for which foreign governments allegedly are responsible.
noteworthy distinction in how the U.S. government views some types of cybersecurity breaches for which foreign governments allegedly are responsible.
Trade Law
On April 1, 2015, the Office of the U.S. Trade Representative (USTR) issued its annual telecommunications report (the “1377 Review” or the “report”)
providing an overview of the operation and effectiveness of telecommunications trade agreements under Section 1377 of the Omnibus Trade and
Competitiveness Act of 1988. The 1377 Review traditionally highlights long-standing and emerging barriers to U.S. telecommunications services and
equipment exports. Among the issues addressed in this year’s report, USTR highlighted concerns with two controversial Chinese regulations strongly opposed
by U.S. information and communications technology (ICT) companies—the Guiding Opinions Regarding Application of Secure and Controllable Information
Technologies to Strengthen Network Security and Information of the Banking Section (the “Banking Opinions”) and the draft Counterterrorism Law.
Specifically, USTR indicated that the two regulations raise substantive concerns with respect to China’s obligations under several trade agreements.
providing an overview of the operation and effectiveness of telecommunications trade agreements under Section 1377 of the Omnibus Trade and
Competitiveness Act of 1988. The 1377 Review traditionally highlights long-standing and emerging barriers to U.S. telecommunications services and
equipment exports. Among the issues addressed in this year’s report, USTR highlighted concerns with two controversial Chinese regulations strongly opposed
by U.S. information and communications technology (ICT) companies—the Guiding Opinions Regarding Application of Secure and Controllable Information
Technologies to Strengthen Network Security and Information of the Banking Section (the “Banking Opinions”) and the draft Counterterrorism Law.
Specifically, USTR indicated that the two regulations raise substantive concerns with respect to China’s obligations under several trade agreements.