Global Trade Law Blog

Timely Updates and Analysis on Key International Trade Law Issues

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Latest from Global Trade Law Blog

Hua-Wait a Minute: Entity Designation Affects Non-U.S. Manufacturers’ Exports to China Tech Giant

By Reid Whitten, J. Scott Maberry & Enumale Agada on May 21, 2019

On May 16, 2019, a sweeping U.S. export control rule went into effect that will impact the U.S. tech industry, but may also create an outsized risk for non-U.S. manufacturers. The rule, issued by the U.S. Department of Commerce, Bureau of Industry and Security (BIS) adds Huawei Technologies Co., Ltd. (Huawei) and 68 of its affiliates to the Entity List. That designation effectively prohibits the export, reexport, and retransfer of all U.S.-origin “items subject to…

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INTERNATIONAL TECH INVESTMENT ISSUE – Threats to Technology Investment from Global Politics: How to Succeed as Borders Tighten

By Reid Whitten & J. Scott Maberry on April 10, 2019

Over the past year, the impact of international political risks on the global tech industry has been unprecedented.” – Tung Tzu-hsien, Chairman of iPhone’s Chinese assembly company, Pegatron Technology investment is getting harder. A few years ago, strategic and private equity technology acquisitions, multinational joint venture creation, and cross-border R&D collaboration were not only relatively straightforward, they were an economic engine driving the global technology economy. Now, U.S. export controls, technology transfer restrictions, CFIUS and other…

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INTERNATIONAL TECH INVESTMENT ISSUE – Investments With Borders: CFIUS-Style Foreign Investment Review Goes Global

By Reid Whitten & Julien Blanquart* on April 10, 2019

The Committee on Foreign Investment in the United States, CFIUS, is the U.S. government agency that conducts national security reviews of foreign direct investment in the United States. The CFIUS rules have been significantly tightened over time, which has created major obstacles, particularly to technology investments, and particularly for Chinese investors. But as investors turn elsewhere looking for more a more streamlined investment process, they may be disappointed. Around the world, countries are creating new…

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INTERNATIONAL TECH INVESTMENT ISSUE – A Wave of Export Regulation to Hit US Technologies

By Reid Whitten & Lisa Mays on April 10, 2019

This article originally appeared in Risk & Compliance magazine in the UK, a publication of Financier Worldwide. The piece includes UK spelling and grammar. Key Takeaways: A wave is coming. An enormous wave of regulation will soon crash on Silicon Valley, Boston and other tech centres around the United States, and very few people have their surfboards ready. Major technologies in exciting emerging fields (among them, biomedicines, virtual reality, and robotics) will soon be subject…

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Clear for More Takeoffs: Now is the Time to Have Your Voice Heard on New Satellite and Launch Regulations

By Reid Whitten & Fatema Merchant on March 19, 2019

On March 8, the U.S. government signaled regulatory changes that may create new opportunities for international collaboration on satellite development, global sales of satellite and launch equipment, and even sharing launch technology. . . . and the Government wants you to weigh in.…

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The New Suits of Havana: How Non-U.S. Companies May Soon Be Sued for Their Business in Cuba

By Reid Whitten & Lisa Mays on March 19, 2019

Picture your company being hauled into U.S. court to defend litigation for your Cuba business that is lawful in your home country. That is the scenario that the Trump administration and Cuba hawks in Congress are aiming to arrange. The Trump administration is preparing to part the practice of past presidents to allow U.S. persons to sue non-U.S., non-Cuban companies for doing business in Cuba, dealing in property seized by the Cuban government since the…

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Update from the Trump Trade War Front: Tariffs Will Not Increase March 2*

By Lisa Mays & J. Scott Maberry on March 1, 2019

*This is an updated version of the February 21st blog post. Key Takeaways: Many U.S. companies continue to struggle under the burden of President Trump’s tariffs on imports from China. The President has postponed a scheduled March 2, 2019 deadline to increase the tariff rate on many Chinese products from 10 to 25 percent. When we went to press with the first version of this article (February 21, 2019), negotiations between the United States and…

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New Year Sanctions Roundup: Where Do We Stand?

By Fatema Merchant on January 15, 2019

Happy new year everyone. The government is shut down, but there has already been a flurry of activity in 2019 on the economic sanctions and embargoes front. Here is a summary of where we stand on various sanctions regimes. Russia. On January 10, 2019, the Trump administration defended its decision to ease U.S. sanctions against companies connected to the Russian oligarch Oleg Deripaska. In 2017, the “Countering America’s Adversaries Through Sanctions Act” (CAATSA) passed Congress…

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Comment Deadline Extended: Export Controls on Emerging Technologies

By J. Scott Maberry, Reid Whitten, Curtis Dombek, A. Joseph Jay, III, Fatema Merchant, Lisa Mays & Enumale Agada on December 11, 2018

*This is an updated version of the December 10th blog post. Key Takeaways: Emerging technology sectors are being reviewed now for new export controls that could take effect in 2019 (list below). You may submit comments on the criteria the U.S. government will use to determine what technologies are subject to export controls. The deadline for comments has been extended to January 10, 2019. We can help.…

Global Trade Law Blog

The Traps of a CFIUS Like EU FDI Screening Mechanism

By Yaniss Aiche on November 29, 2018

Finally, the much awaited harmonized screening framework of foreign investments into the EU (Regulation 2017/0224) has been agreed upon on 20 November 2018 by the EU Parliament, the Council and the Commission. The agreed package will ensure that the EU and its Member States are equipped to protect their “essential interests” while remaining “one of the most open investment regimes” in the world. Protecting an open economy may sound like a comical oxymoron, but the…

Global Trade Law Blog

Timely Updates and Analysis on Key International Trade Law Issues

Blog Authors

Hua-Wait a Minute: Entity Designation Affects Non-U.S. Manufacturers’ Exports to China Tech Giant

INTERNATIONAL TECH INVESTMENT ISSUE – Threats to Technology Investment from Global Politics: How to Succeed as Borders Tighten

INTERNATIONAL TECH INVESTMENT ISSUE – Investments With Borders: CFIUS-Style Foreign Investment Review Goes Global

INTERNATIONAL TECH INVESTMENT ISSUE – A Wave of Export Regulation to Hit US Technologies

Clear for More Takeoffs: Now is the Time to Have Your Voice Heard on New Satellite and Launch Regulations

The New Suits of Havana: How Non-U.S. Companies May Soon Be Sued for Their Business in Cuba

Update from the Trump Trade War Front: Tariffs Will Not Increase March 2*

New Year Sanctions Roundup: Where Do We Stand?

Comment Deadline Extended: Export Controls on Emerging Technologies

The Traps of a CFIUS Like EU FDI Screening Mechanism

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