Perspectives on International Trade & Investment

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

After initially accepting requests from importers in light of the novel coronavirus (COVID–19) pandemic to defer payment of duties—a means of relief that the Trump Administration had reportedly been considering—US Customs and Border Protection (CBP) has issued guidance withdrawing this option.

The DHS and ICE have issued Guidance Documents, Frequently Asked Questions, and a Reporting Template to guide higher education officials in staying in compliance with the applicable rules.

Employers are facing many employment decisions regarding their workforce amid the COVID-19 crisis. H-1B employees have rules particular to them which employers should bear in mind. This e-alert highlights the issues to consider. 

On Wednesday, March 25, 2020, the U.S. Trade Representative (USTR) is scheduled to publish a Federal Register notice requesting comments on the removal of Section 301 tariffs from Chinese medical-care products—including those that have been previously denied an exclusion—needed to respond to the COV

The coronavirus (COVID-19) is affecting all elements of society – with changes coming every day. These changes include the import, trade and transportation sectors. We will keep you updated on these changes as they occur.

The federal law requires employers to physically inspect each employee’s Form I-9 documentation to prove their identity and work authorization. 

International Trade Partners Kay Georgi and Marwa Hassoun have an update on OFAC’s changes to the Reporting, Procedures and Penalties Regulations, 31 CFR §§ 501, et seq. related to reporting blocked, unblocked, or rejected transactions.

For those reading the tea leaves of US trade policy, an announcement earlier this week from the US International Trade Commission was an important development.

The Department of Homeland Security (DHS) recently released a Department-wide strategy to combat human trafficking, child exploitation and forced labor in the supply chain. 

The release on December 12, 2019, of the Hague Rules on Business and Human Rights Arbitration (the BHR Rules) offers a new and innovative dispute resolution option in the field of corporate responsibility.

Last week, the Trump Administration announced a plan to crack down on the sales of contraband and counterfeit goods online. The steps will affect a number of parties in the supply chain from importers and sellers to customs brokers and forwarders to e-commerce providers.

Employing foreign nationals in this uncertain and ever-changing immigration climate can be daunting.

On January 15, 2020, President Trump and Chinese Vice Premier Liu Hu signed the long-awaited US-China Trade Agreement after nearly two years of a trade war that has resulted in crippling tariffs on almost $500 billion worth of bilateral trade.

Our readers will be aware that the USMCA (CUSMA) is on track for US ratification and – by most accounts – will come into force possibly as early as mid-2020. This is not a lot of time for company executives to prepare. In addition, the three USMCA Partners will soon be meeting to set USMCA implement

On January 13, 2020, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States (CFIUS), released the comprehensive final regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). The final regulations take effect on February 13,

Third-country companies doing business with Iran’s construction, mining, manufacturing, or textiles sectors are now at increased risk of being sanctioned.

An importer of Giorgio Armani apparel secured victory from the Court of International Trade (CIT) in its dispute with US Customs and Border Protection (CBP) over whether the importer was required under the US customs laws to pay duties on advertising fees and trademark royalty fees as part of the va

The USCIS has significantly changed the way it will conduct its annual H-1B lottery this year, and, although many questions remain as to the exact logistics, one detail has been confirmed. 

After a year plus of waiting on pins and needles, the US Department of Commerce, Bureau of Industry and Security (BIS) imposed controls on its first “emerging technology” – software specially designed to automate the analysis of geospatial imagery.

In a surprise holiday present, the State Department finally brought the International Traffic in Arms Regulations (ITAR) into the 21st century by releasing an Interim Final Rule adopting cloud computing encryption standards that the Commerce Department adopted in 2015. Well, better late than never.

Arent Fox Partner Kay Georgi will present at the Canadian Institute’s US Export & Reexport Compliance For Canadian Operations Conference.

In FIRRMA and ECRA, Congress essentially gave Commerce authority to decide how narrowly or widely to set the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) over non-passive minority investments involving emerging and foundational technologies.

Earlier today, House Democrats appeared before cameras on Capitol Hill to announce they had reached an agreement with the Trump Administration on the final text of the United States-Mexico-Canada Agreement.

Potential products subject to the additional duties are provided in a preliminary list of 63 Harmonized Tariff Schedule (HTS) subheadings with an estimated import trade value of approximately $2.4 billion.