Global Trade Law Blog

Timely Updates and Analysis on Key International Trade Law Issues

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Sarah Aberg

Enumale Agada

Yaniss Aiche

Sheppard Mullin CFIUS Attorneys

Latest from Global Trade Law Blog

Global Trade Law Blog

ESG, Global Trade, and Forced Labor: Aligning Compliance with Company Values

By Fatema Merchant & Mario Torrico

September 22, 2021

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Companies are putting forth more effort, thought, commitment, and resources into environmental, social, and corporate governance (ESG) considerations across their business lines. The focus of ESG has primarily centered around climate change and sustainability, but the “S” in ESG is becoming increasingly important to consumers and other stakeholders. As global corporate citizens become more vocal about asserting their identity and values, it is critical to think about how their global trade and compliance policies and…

Global Trade Law Blog

First OFAC Sanctions Against a Cryptocurrency Exchange: Could the Designation of SUEX Signal an Enforcement Trend to Combat Cybercrime?

By Fatema Merchant & Mario Torrico

September 22, 2021

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Yesterday, the Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions on SUEX OTC, S.R.O, a cryptocurrency exchange, for its role in laundering money to ransomware attackers. According to OFAC, SUEX facilitated criminal transactions involving at least eight ransomware variants and 40% of SUEX’s known transaction history involved bad actors. The designation of SUEX is the first time OFAC has sanctioned a virtual currency platform – and this approach may prove to be a…

Global Trade Law Blog

Legislatures Can Free App Developers from Platform Providers’ Mandates to Use Their In-App Purchasing Systems Without Violating WTO Principles

By Curtis Dombek & Hwan Kim

August 31, 2021

Internet platform providers rely upon developers of applications to populate their application stores. Some platform providers mandate app developers to use the platform’s in-app purchasing system as a condition to sell the apps on the platform. There have also been commission charges as high as 30% imposed on digital goods or services sold through their stores. The temptation to use their enormous leverage to gain further economic advantage is understandable, but governments, not to mention…

Global Trade Law Blog

Clean Energy’s Messy Problem II: The Solar Industry, I͟t͟s͟ S͟u͟p͟p͟l͟i͟e͟r͟s, and the Complex Task of Combatting Forced Labor

By Reid Whitten & Mario Torrico

August 12, 2021

This is the second of three articles on the Solar Industry and Forced Labor. Here we focus on interactions with solar module suppliers. Our first article in the series focused on regulations in this area, and our next will focus on investors and their requirements.…

Global Trade Law Blog

Clean Energy’s Messy Problem: The Solar Industry, the U.S. Government, and the Complex Task of Combatting Forced Labor

By Reid Whitten & Julien Blanquart

July 23, 2021

This is the first of three articles on the Solar Industry and Forced Labor. Here we focus on regulation. Articles in the coming weeks will focus on issues facing importers and their suppliers, and on investors and their requirements.…

Global Trade Law Blog

Navigating the Travel Ban Jungle: National Interest Exception Checklist for the U.S. COVID Travel Bans

By Greg Berk, Christine Doyle, Karl Buhler & Andrew Desposito

July 2, 2021

The travel bans imposed by the U.S. Government during the COVID-19 national pandemic created enormous logistical challenges for anyone seeking to fly to the U.S. from a country on the travel ban list. Even today, there is still a great deal of confusion regarding who is subject to the travel ban, what are the exceptions, and how to go about applying for a National Interest Exception (NIE) waiver. The checklist below is intended to help…

Global Trade Law Blog

Anti-Forced Labor Measures Turn Up the Heat on Chinese Solar Equipment Suppliers

By Reid Whitten & J. Scott Maberry

June 25, 2021

U.S. Customs halts the import of silica-based products from made by Hoshine Silicon Industry Co. because the products are suspected of being produced using forced labor. For future imports of solar energy equipment sourced from Xinjiang, China, the United States may use Withhold Release Orders (WROs) to block entry into the United States if there is reasonable suspicion of forced labor in the supply chain. The renewables industry is working together and with regulators to…

Global Trade Law Blog

Counterpunch: China Adopts Landmark Anti-Sanctions Statute to Stop U.S. Sanctions Effects Overseas

By Reid Whitten, Julien Blanquart & J. Scott Maberry

June 23, 2021

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New law could penalize companies for complying with U.S. sanctions. Penalties include designation to China’s new “Unreliable Entity” list. Statements against the new laws could also be penalized, restricting the capacity of counsel to advise freely on compliance with U.S. sanctions and Chinese countermeasures. On June 10, 2021, China enacted the Anti-Foreign Sanctions Law (“AFSL”), aimed at punishing countries that impose anti-China sanctions and the companies that comply with those sanctions. The law is effective…

Global Trade Law Blog

Beyond TikTok and WeChat: How Biden’s New EO Could Impact Foreign-Owned Apps

By Fatema Merchant, Mario Torrico & Patrick Diaz*

June 11, 2021

On June 9, 2021, President Biden signed an Executive Order (“EO”) revoking Trump’s orders on TikTok and WeChat. In their stead, President Biden’s EO subjects software applications controlled or owned by “foreign adversaries” (i.e., China, Cuba, Iran, North Korea, Russia, and Nicolas Maduro) to a review process led by the Commerce Department to evaluate whether an app presents U.S. national security concerns. This EO fits within the broader confrontation between the United States and China…

Global Trade Law Blog

Looking Ahead on China: Engaging in Strategic Compliance through Geopolitical Analysis

By Reid Whitten, Fatema Merchant, Mario Torrico & Julien Blanquart

June 10, 2021

Key Takeaways: U.S. prohibits investments in 59 Chinese Military Industrial Companies (NS-CMIC) The prohibition forms part of a larger U.S.-China confrontation that has implications across finance, industry, and even academia. Companies need to understand the geopolitical forces behind trade relations in order to act ahead of regulations rather than being caught in a reactive position. The question for every company, whether an investment fund holding securities in Chinese companies, a startup looking for finance from…

Global Trade Law Blog

Timely Updates and Analysis on Key International Trade Law Issues

Blog Authors

ESG, Global Trade, and Forced Labor: Aligning Compliance with Company Values

First OFAC Sanctions Against a Cryptocurrency Exchange: Could the Designation of SUEX Signal an Enforcement Trend to Combat Cybercrime?

Legislatures Can Free App Developers from Platform Providers’ Mandates to Use Their In-App Purchasing Systems Without Violating WTO Principles

Clean Energy’s Messy Problem II: The Solar Industry, I͟t͟s͟ S͟u͟p͟p͟l͟i͟e͟r͟s, and the Complex Task of Combatting Forced Labor

Clean Energy’s Messy Problem: The Solar Industry, the U.S. Government, and the Complex Task of Combatting Forced Labor

Navigating the Travel Ban Jungle: National Interest Exception Checklist for the U.S. COVID Travel Bans

Anti-Forced Labor Measures Turn Up the Heat on Chinese Solar Equipment Suppliers

Counterpunch: China Adopts Landmark Anti-Sanctions Statute to Stop U.S. Sanctions Effects Overseas

Beyond TikTok and WeChat: How Biden’s New EO Could Impact Foreign-Owned Apps

Looking Ahead on China: Engaging in Strategic Compliance through Geopolitical Analysis

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