Perspectives on International Trade & Investment

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.

On August 21, 2020, CBP issued new guidance providing an additional 45-day transition period for compliance with new marking requirements for goods produced in Hong Kong that are imported into the United States. This extends the transition period for companies to comply with the requirements from Se

There is a risk that garments made from cotton produced by XPCC could be subject to a Customs and Border Protection withhold release orders.

In recognition that many employees are still working remotely due to COVID-19 health concerns, the Department of Homeland Security (DHS) and the US Immigration and Customs Enforcement (ICE) has extended through September 19, 2020.

Fifty-three Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2021.

Under the TFTEA, CBP has taken an increasingly enforcement-minded posture to prevent and penalize the importation of goods produced using forced labor into the United States.

On August 17, 2020, the Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule (the Final Rule) (1) adding additional Huawei non-US affiliates to the Entity List, (2) confirming the expiration of the Temporary General License (TGL).

As discussed previously, President Trump issued an Executive Order on July 14, 2020, concerning certain import and export trade requirements between the US and China.

The new regulations prohibit government agencies from entering into, extending, or renewing a contract with contractors if they use any equipment, system, or service that uses certain Chinese telecommunications equipment or services as a substantial or essential components of any system.

Arent Fox Partner Kay Georgi will speak at the US - China Trade Controls Conference.

Arent Fox International Trade Associate Leah Scarpelli will present as part of the United States Fashion Industry Association’s webinar hosted August 13, 2019.

Driven by national security concerns, over the past three years the US Government has taken a much more aggressive position on an array of technology issues involving China.

Because of the time needed to mark, pack, and ship goods from Hong Kong to the US, it is imperative that importers act quickly to ensure compliance with this new requirement.