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Client Advisory: US and EU Actions to Address Supply Chain Threats Caused by Reliance on Critical Mineral Imports

By Jeffrey Weiss, Meredith Rathbone, Simon Hirsbrunner, David O'Sullivan, Peter Jeydel & Yongqing Bao on October 9, 2020
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On September 30, 2020, President Trump issued Executive Order 13953 on “Addressing the Threat to the Domestic Supply Chain from Reliance on Critical Minerals from Foreign Adversaries and Supporting the Domestic Mining and Processing Industries.”

In the Executive Order, the President declared a national emergency under the International Emergency Economic Powers Act, in order to “deal with the threat posed by our Nation’s undue reliance on critical minerals, in processed or unprocessed form, from foreign adversaries.” The President also directed a group of federal agencies to recommend possible executive actions to ensure an uninterrupted supply of critical minerals for the US economy.

Meanwhile, the European Commission is also taking steps to increase the security of the European Union’s mineral supply chain, announcing an Action Plan on Critical Raw Materials in early September. The Commission’s Action Plan also contains a list of critical raw materials, as well as a description of the challenges for building resilience, sustainability, and open strategic autonomy with regard to the supply of those materials, and a set of related action items.

Click here to read the full Client Advisory to learn more about US and EU actions on critical mineral imports.

Photo of Meredith Rathbone Meredith Rathbone

Meredith Rathbone focuses on export controls and economic sanctions, and has assisted clients in the energy, manufacturing, telecommunications, information security, banking, insurance, pharmaceutical, and service industries, among many others, in navigating the requirements of the Export Administration Regulations (EAR), International Traffic in Arms…

Meredith Rathbone focuses on export controls and economic sanctions, and has assisted clients in the energy, manufacturing, telecommunications, information security, banking, insurance, pharmaceutical, and service industries, among many others, in navigating the requirements of the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR) and US sanctions regulations administered by the Office of Foreign Assets Control (OFAC) and US Department of State. She regularly assists companies in developing compliance policies, conducting internal investigations, performing training, and conducting due diligence in M&A transactions. She has represented individuals and companies facing civil and criminal investigations in this area, and has also represented clients in their efforts to be removed from OFAC’s list of Specially Designated Nationals (SDNs). She is a frequent writer and speaker on export controls and sanctions topics. She is the co-chair of the American Bar Association’s Export Controls and Economic Sanctions Committee, and also serves on the Sanctions Subcommittee of the State Department’s Advisory Committee on International Economic Policy.

Read Meredith’s full bio.

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Photo of Simon Hirsbrunner Simon Hirsbrunner

Simon Hirsbrunner is a dual-qualified Swiss and German lawyer. His practice involves EU and Swiss regulatory compliance, including advice on economic sanctions against third countries such as Iran, Libya, Syria and Russia. He has particular experience in advising banks on EU and Swiss…

Simon Hirsbrunner is a dual-qualified Swiss and German lawyer. His practice involves EU and Swiss regulatory compliance, including advice on economic sanctions against third countries such as Iran, Libya, Syria and Russia. He has particular experience in advising banks on EU and Swiss financial sanctions. Simon is also well-known for his trade policy advice on Swiss-EU relations and he has particular industry expertise in financial services, energy and aviation. He takes a particular interest in the trade policy consequences of Brexit and has published various papers on this topic. Prior to joining Steptoe, Simon occupied various positions in public administration, including the Swiss Federal Office of Justice, the European Commission and the European Free Trade Association – EFTA, bringing more than two decades of experience in EU affairs.

Read Simon’s full bio.

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Photo of Peter Jeydel Peter Jeydel

Peter Jeydel‘s practice focuses on US export controls and economic sanctions, including the Commerce Department’s Export Administration Regulations (EAR), the State Department’s International Traffic in Arms Regulations (ITAR), and sanctions regulations administered by the Treasury Department’s Office of Foreign Assets Control (OFAC)…

Peter Jeydel‘s practice focuses on US export controls and economic sanctions, including the Commerce Department’s Export Administration Regulations (EAR), the State Department’s International Traffic in Arms Regulations (ITAR), and sanctions regulations administered by the Treasury Department’s Office of Foreign Assets Control (OFAC) and the State Department. His practice spans all aspects of these regimes, including counseling, compliance, transactional advice, licensing and opinions, disclosures, and enforcement actions. He has also represented companies and individuals seeking de-listing from OFAC’s sanctions list. In addition, Pete has assisted clients in anti-corruption matters, including under the US Foreign Corrupt Practices Act (FCPA), and has experience handling reviews and investigations by the Committee on Foreign Investment in the United States (CFIUS).

Read Pete’s full bio.

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  • Posted in:
    Corporate & Commercial, International
  • Blog:
    International Compliance Blog
  • Organization:
    Steptoe & Johnson LLP
  • Article: View Original Source

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