Insights on International Trade & Investment

Through an array of legislative and administrative measures over the past couple of years, the US Government has made significant strides in its effort to limit, and perhaps end altogether, the proliferation of Chinese-origin telecommunications technology in US infrastructure.

What one hand giveth, the other can taketh away. That adage comes to mind when reviewing FDA’s most recent action with respect to the importation and distribution of KN95 and other respirator masks manufactured in China. 

Arent Fox Partner Kay Georgi will speak at the European Association of Trade and Investment Controls and Compliance Attorneys’ [AT+ICA] webinar titled “The Impact of New Export Controls on International Supply Chains.”

In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Practice Leader Anthony V. Lupo, Arent Fox Labor & Employment Practice Leader Michael L. Stevens, and Arent Fox Partner Robert J. Ernest discuss the top issues fashion and retail companies need to think about before reopening.

In recent years, the US Government has grown increasingly concerned by China’s official policy of “military-civil fusion” (MCF), and multiple national security agencies have sounded the alarm bell.

In yet another action on April 28, 2020, the Bureau of Industry and Security (BIS) issued a final rule imposing stricter license requirements on a wide range of exports, reexports and transfers to China, Russia, or Venezuela for “military end uses” or to “military end users.”

On April 28, the Bureau of Industry and Security (BIS) issued a proposed rule that would revise License Exception Additional Permissive Re-Exports (APR).

Rumors have circulated through the export community for months, and the Bureau of Industry and Security (BIS) has finally acted. In a final rule published April 28, 2020, BIS is removing License Exception Civil End-Users (CIV) (15 CFR §740.5) from the Export Administration Regulations (EAR).

Chambers USA: America’s Leading Lawyers for Business has recognized 29 Arent Fox LLP attorneys as leaders in their field.

The Treasury’s Office of Foreign Assets Control (OFAC) issued web-based guidance to remind the public of the many ways medical exports and other humanitarian services, supplies, and donations can legally flow to sanctioned countries.

Like many other US Government agencies, the State Department, Directorate of Defense Trade Controls (DDTC) has announced certain measures, effective immediately, to alleviate burdens caused by COVID-19 in relation to compliance with the International Traffic in Arms Regulations (ITAR). The changes i

In an April 20, 2020 message to the trade community, US Customs and Border Protection (CBP) released the long-awaited United States–Mexico–Canada Agreement (USMCA) Interim Implementing Instructions (CBP Instructions).

Appendix I, Automotive Rules of Origin and Procedures, to the CBP Instructions provides guidance on the USMCA automotive rules of origin by incorporating the appendix to Chapter 4 of the USMCA Implementation Act.

Any importer who claims preferential tariff treatment under the Agreement for a good imported into the United States from a USMCA country must keep the following documentation for a period of no less than five years from date of entry:

The USMCA permits CBP to verify whether a good entered with a claim for preferential tariff treatment qualifies as originating by written request, or questionnaire; a visit to the premises of the exporter or producer; and any other procedure that may be decided by the Parties.

The USMCA textile and apparel rules of origin are generally based on the “yarn forward” rule, which requires the formation of the yarn (spinning or extruding) and all processes following yarn formation to occur in the USMCA territory.

The USMCA does not require the use of CBP Form 434, as there is no prescribed format for certificate of origins under the USMCA.

President Trump signed an Executive Order, effective at 11:59 p.m. on Wednesday, April 23, 2020 (the “Effective Date”), suspending the processing of certain green card applications for 60 days. The suspension only applies to green card applicants who are outside the US as of the Effective Date and h

This updates our prior Alerts regarding the importation and distribution of face masks during the COVID-19 pandemic. The daily news is replete with reports of various types of masks and other personal protective equipment (PPE) that pose supply challenges due to high demand.

Arent Fox International Trade Practice Leader Kay Georgi will speak during the live webinar “The Impact of COVID-19 on International Trade” hosted by American Bar Association Section of International Law’s International Trade Committee on April 20, 2020, at 5 PM ET.

Join us for a discussion on the key legal issues related to COVID-19 that international companies need to consider and watch out for. During this webinar, we will discuss the latest developments in the employment, international trade, insurance, and the CARES Act.

International Trade Partners Marwa Hassoun and Kay Georgi explain how FEMA’s new rule restricting the export of face masks, respirators, and other medical personal protective equipment works – how to get a license and what the penalties are.

FEMA has exercised its delegated authority under the Defense Production Act to issue a temporary final rule to prohibit the export of five types of medical PPE that the US government previously identified as scarce and threatened material in the COVID-19 pandemic.

This updates our prior Alert regarding the importation and distribution of respirators and other masks to be used to meet the significant US health care challenges posed by the COVID-19 pandemic.

What is the DPA? How has the administration used it in response to the COVID-19 crisis? What is the impact of the Administration’s DPA-related orders and memoranda? What about enforcement? What does it all mean for exporters?