Global Trade Law Blog

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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

President Biden Issues a New…ish Ban on Certain Chinese Investments

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

June 10, 2021

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Last week, on June 3, 2021, President Biden issued an Executive Order (“E.O.”) prohibiting U.S. investments in designated Chinese companies deemed to undermine “the security or democratic values of the United States and [its] allies” (see here). The E.O. is the most recent in a long list of foreign policy actions seeking to put pressure on China using economic tools to curtail China’s surveillance and intelligence activities against the United States. The E.O. amends…

Global Trade Law Blog

The EU – U.S. Sanctions Dilemma: The Advocate General of the European Court of Justice Weighs in

By Curtis Dombek, Julien Blanquart & Richard Masquelier*

May 26, 2021

In May 2018 the United States announced the reinstitution of sanctions against Iran that had previously been lifted pursuant to the Joint Comprehensive Plan Action (“JCPOA”).[1]…

Global Trade Law Blog

CFIUK Comes to Life: The National Security and Investment Act 2021

By Reid Whitten, Julien Blanquart & Richard Masquelier*

May 20, 2021

Universal Image - Communication Technology2

A new framework for foreign direct investments in the United Kingdom Takeaways The United Kingdom Government has adopted a CFIUS-style National Security and Investment Act (“the Act”). The new law takes effect in later in 2021, but UK Government may look back at deals from November 2020 onward. The Act is considered one of the most far-reaching systems in the world, carrying civil and criminal penalties for a failure to notify. A notifiable acquisition completed…

Global Trade Law Blog

The European Commission Adopts a Proposal for a Regulation on Foreign Subsidies Distorting the Internal Market

By Ciara Barbu O'Connor, Jacques Derenne & Curtis Dombek

May 17, 2021

In August 2020, we wrote a blog post about the adoption by the European Commission (“Commission”) of a White Paper on Foreign Subsidies. On 5 May 2021, the Commission adopted a proposal for a Regulation on foreign subsidies distorting the internal market after an extensive consultation process with stakeholders. This post updates our previous entry and considers the implications of the newly proposed regulation.…

Global Trade Law Blog

A New Era of Export Controls Begins in the EU: The Revised EU Dual-Use Export Controls to Promote Human Rights

By Curtis Dombek & Julien Blanquart

May 14, 2021

On May 10, 2021, the EU adopted its new, revised version of Regulation (EC) No 428/2009 (the “Regulation”). It is widely acknowledged to be the first major reform to the structure of the EU’s export control regime since 2009. The text of the Regulation was approved by the European Parliament on March 26, 2021. In November 2020, the Council and European Parliament representatives reached a provisional political agreement on the Regulation. The reform of EU…

Global Trade Law Blog

Five Keys to a Successful Compliance Risk Assessment

By Sarah Aberg & J. Scott Maberry

May 13, 2021

Corporate compliance programs are expected to be tailored to an organization’s unique risks. Most regulators (and most modern organizational compliance programs) prescribe risk-based compliance. But one thing is to prescribe; another is to execute properly.…

Global Trade Law Blog

“Buy American” Update: Essential Medicines May Continue to Come From Abroad (For Now)

By David Gallacher & Keeley A. McCarty

April 30, 2021

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The Biden Administration has taken (at least temporarily) the teeth out of a Trump-era Executive Order that directed the government to “Buy American” for essential drugs and medical devices. President Trump’s August 2020 Executive Order on Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States (Executive Order 13944) aimed to reduce dependence on foreign drugs and devices critical to the U.S. public health sector, in part by requiring that the…

Global Trade Law Blog

Russia Russia Russia! The Biden Administration Imposes Tough Sanctions on Russia

By Fatema Merchant & Mario Torrico

April 15, 2021

This week has been a week of significant foreign policy action. Today, President Biden issued a new Executive Order imposing tough sanctions on Russia for its interference in the U.S. 2020 presidential election, as well as the SolarWinds cyber-attack that impacted multiple U.S. government agencies. This action was taken a day after Secretary of State Blinken stated strong concerns about the increase in Russian troops along the Ukrainian border. Earlier this week, the 2021 Threat …

Global Trade Law Blog

Timely Updates and Analysis on Key International Trade Law Issues

Blog Authors

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

President Biden Issues a New…ish Ban on Certain Chinese Investments

The EU – U.S. Sanctions Dilemma: The Advocate General of the European Court of Justice Weighs in

CFIUK Comes to Life: The National Security and Investment Act 2021

The European Commission Adopts a Proposal for a Regulation on Foreign Subsidies Distorting the Internal Market

A New Era of Export Controls Begins in the EU: The Revised EU Dual-Use Export Controls to Promote Human Rights

Five Keys to a Successful Compliance Risk Assessment

“Buy American” Update: Essential Medicines May Continue to Come From Abroad (For Now)

Russia Russia Russia! The Biden Administration Imposes Tough Sanctions on Russia

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