Perspectives on International Trade & Investment

Arent Fox International Trade Group Partner Marwa Hassoun and Government Contracts Group Counsel Travis Mullaney chat about Section 889 of the National Defense Authorization Act.

Our final section returns to trade policy with three narrower but equally important articles – the first in regard to US renewal of GSP benefits and the tension between the Biden administration’s promise to protect US workers while achieving climate goals.

Turning to the business of exports from the United States, the next section is a must-read for any company doing business in the United States or from the United States.

When imports are suspected of violating US trade law or when they threaten US economic interests, trade litigation (read: trade investigation cases) kicks in. This section focuses on third-country transshipment concerns in the article “Using Third Country Components? Buyer Beware.”

US tariffs are applied at the time of import and so the elevated role played by US Customs and Border Protection should not be underestimated.

Since trade policy almost always involves the application of tariffs, we begin with “China Tariffs – What to Expect from the Biden Administration,” an issue top of mind for many executives who have business interests in China and the United States.

This is Washington and so we start and end with US trade policy. Our team is tracking the Biden Transition, starting with the introduction of Katherine Tai, nominee for the next US Trade Representative.

On December 18, President Trump signed into law the Holding Foreign Companies Accountable Act, which aims to increase oversight of Chinese companies listed on US stock exchanges and force the delisting of those that refuse to comply with US audit inspection requirements.

Prop 65 Counsel: What To Know

Cannabis and cannabis resin, formerly classified on the most restrictive schedule under the 1961 Single Convention on Narcotic Drugs (Single Convention) were moved to the least restrictive schedule following a historic vote by the UN Commission for Narcotic Drugs on December 2, 2020.

The Department of Homeland Security (DHS) blocked imports of cotton products from a major Chinese state-owned firm in the Xinjiang Uighur Autonomous Region (XUAR) on December 2, saying the company uses forced labor of ethnic Uighur Muslims.

Government Relations Co-Leader Dan Renberg and Trade Associate Leah Scarpelli recently presented to the International Trade Association of Greater Chicago about the 2020 election’s potential impact on American companies operating in global markets.

In his last days, President Trump takes a swipe against companies identified by the Department of Defense (DoD) as Communist Chinese military companies by prohibiting US persons from investments.

Arent Fox Partner Kay Georgi will speak at the Passport to Proficiency Series on the Export Administration Regulations event.

Twenty-four Arent Fox LLP practices have been recognized in the 2021 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.

The US Department of Commerce, Bureau of Industry and Security (BIS) has proposed a new Export Control Classification Number (ECCN), 2D352, to control “software” that is capable of being used to operate nucleic acid assemblers and synthesizers.

The US Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule amending the license review policy for items on the Commerce Control List that are controlled for national security (NS) reasons and are destined to the People’s Republic of China (PRC), Venezuela, or Russia.

Arent Fox partner Kay Georgi will speak as part of a Trade & Investment Controls webinar series hosted by the European Association of Trade and Investment Controls and Compliance Attorneys ([AT+ICA]).

The US Government has taken action recently to step up enforcement against forced labor.

Arent Fox International Trade Practice Leader Kay Georgi will speak as a Co-Chair at the US-China Trade Controls Conference hosted by the American Conference Institute on October 22, 2020.

The Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies.

The World Bank’s International Centre for Settlement of Investment Disputes (ICSID), the leading arbitration venue for investor-State arbitration, has released its FY2020 caseload statistics.

On September 14, 2020, the Department of Homeland Security (DHS) through Customs and Border Protection (CBP) issued new withhold release orders (WRO) aimed at entities involved in the importation, downstream manufacturing, and/or sale of certain apparel, cotton, hair products, and computer parts.

On August 3, 2020, USCIS published a final rule that significantly increases the filing fees for certain immigration and naturalization petitions.

BIS will be looking at items that are controlled only for anti-terrorism, crime control, short supply, United Nations embargoes, or designated as EAR99 in establishing new Foundational Technologies Controls.