Global Trade Law Blog

Timely Updates and Analysis on Key International Trade Law Issues

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Enumale Agada

Sheppard Mullin CFIUS Attorneys

Latest from Global Trade Law Blog

Global Trade Law Blog

China Expands Technology Export Controls: Fighting back on TikTok and Putting Your R&D at Risk

By Reid Whitten & Julien Blanquart

September 2, 2020

On August 28, 2020, China took its own swing in the fight over TikTok. The blow, however, may land right in the middle of U.S.-China technology research, collaboration, and innovation. New export regulations may require licenses from the Chinese government before researchers in China may share their technological advances with colleagues, counterparts, or customers in the United States.…

Global Trade Law Blog

Export Control HR Pitfalls To Avoid When Hiring

By Lisa Mays, Greg Berk & Reid Whitten

September 2, 2020

Hiring employees does not usually call to mind international trade compliance obligations. However, together U.S. export controls and anti-discrimination laws create a web that is overlooked or misunderstood by many types of employers of all sizes across many industries. Anti-discrimination laws prohibit unlawful citizenship status restrictions when hiring, and U.S. export controls prohibit disclosing controlled information to foreign nationals without authorization. Together, these law limit acceptable job descriptions and hiring practices.…

Global Trade Law Blog

UPDATE: National Security Meets Teenage Dance Battles: U.S. Increases Pressure on ByteDance Sale of TikTok

By Reid Whitten, Julien Blanquart, Fatema Merchant & Brian Weimer

August 17, 2020

The Takeaway: Severe restrictions on ByteDance’s Sale of TikTok should be a warning to media and tech companies with foreign ownership, particularly Chinese investment, to know your risks and mitigate them before the government comes knocking.…

Global Trade Law Blog

The Professional Services Firm as Foreign Agent: Notable FARA Advisory Opinions

By Enumale Agada & J. Scott Maberry

August 17, 2020

The U.S. Department of Justice has released a series notable advisory opinions outlining how some typical activities of law firms, consultants, and corporate legal departments may require registration under the Foreign Agents Registration Act (FARA). Some of the more interesting opinions are summarized here:…

Global Trade Law Blog

National Security Meets Teenage Dance Battles: Trump Issues Executive Orders Impacting TikTok and WeChat Business in the U.S.

By Fatema Merchant, Brian Weimer & Kirsten Ryan

August 7, 2020

On August 6, 2020, Trump issued two separate executive orders that will severely restrict TikTok and WeChat’s business in the United States. For weeks, the media has reported on Trump’s desire to “ban” TikTok with speculation about the legal authority to do so. We break down the impact of the Orders below.…

Global Trade Law Blog

Clearing the Air: FinCEN Guidance May Help Banks Find Their Way in the Field of Hemp Financing

By Reid Whitten

July 17, 2020

On June 29, 2020, the Financial Crimes Enforcement Network (FinCEN) published updated guidance intended to “enhance the availability of financial services” for the hemp industry (the Guidance). Even though the Agriculture Improvement Act of 2018 legalized hemp[1] at the federal level, some banks have hesitated to provide financing to the hemp industry because they are uncertain of their obligations under the Bank Secrecy Act or Anti-Money Laundering regulations (BSA/AML). The Guidance was published to…

Global Trade Law Blog

A Trade War on Two Fronts: U.S. Considers More Tariffs on European Goods

By Reid Whitten & Sarah Ben-Moussa

July 2, 2020

Opening Salvos: The Proposed Tariffs On June 26, 2020, the U.S. Trade Representative (USTR) published a notice that it is considering new tariffs on exports such as olives, coffee, beer, gin, and trucks coming into the United States from France, Germany, Spain, and the United Kingdom.[1] The list of potential targets also includes various types of bread, pastries, cakes, and other baked products. That new list of goods may face duties of up to…

Global Trade Law Blog

Incoterms 2020: Our Handy Chart of Responsibilities of Parties

By J. Scott Maberry

July 2, 2020

Unless you’re a customs or logistics professional, you may not have focused on the Incoterms changes announced by the International Chamber of Commerce in early 2020. This post provides a handy reference to the revised terms.…

Global Trade Law Blog

Another COVID-19 Enforcement Tool: Money Laundering Law

By David Douglass, Fatema Merchant & A. Joseph Jay III

June 16, 2020

This article originally appeared on Law360 on June 9. The novel coronavirus and resulting global health pandemic and economic crisis created a perfect storm for bad actors to engage in fraud and financial crimes. Law enforcement’s response to the criminal activity spurred by the pandemic and economic stimulus and relief efforts are still nascent and focusing on low hanging frauds by individuals and small groups.…

Global Trade Law Blog

CFIUS UPDATE ISSUE — Well I Do Declare: Mandatory Declarations Everywhere

By Enumale Agada & Reid Whitten

May 29, 2020

On May 21, 2020, a proposed rule change brought the threat of a mandatory CFIUS filing to investments across all U.S. industries. The U.S. Department of Treasury proposed a rule[1] that removes a restriction formerly in the Foreign Risk Review Modernization Act’s (FIRRMA) that limited mandatory filings with the Committee on Foreign Investment in the United States (CFIUS) to only 27 industries. The proposed rule is consistent with a series of changes by the…

Global Trade Law Blog

Timely Updates and Analysis on Key International Trade Law Issues

Blog Authors

China Expands Technology Export Controls: Fighting back on TikTok and Putting Your R&D at Risk

Export Control HR Pitfalls To Avoid When Hiring

UPDATE: National Security Meets Teenage Dance Battles: U.S. Increases Pressure on ByteDance Sale of TikTok

The Professional Services Firm as Foreign Agent: Notable FARA Advisory Opinions

National Security Meets Teenage Dance Battles: Trump Issues Executive Orders Impacting TikTok and WeChat Business in the U.S.

Clearing the Air: FinCEN Guidance May Help Banks Find Their Way in the Field of Hemp Financing

A Trade War on Two Fronts: U.S. Considers More Tariffs on European Goods

Incoterms 2020: Our Handy Chart of Responsibilities of Parties

Another COVID-19 Enforcement Tool: Money Laundering Law

CFIUS UPDATE ISSUE — Well I Do Declare: Mandatory Declarations Everywhere

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