On May 16, 2023, President Joseph Biden vetoed the Congressional Review Act (CRA) resolution that would have nullified the temporary moratorium on the collection of antidumping and countervailing (AD/CVD) duties on imports of certain solar cells and modules from Cambodia,
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Watching the Detectives: Export Control Enforcement Trends Upward
Between Russia’s invasion of Ukraine and growing U.S. tensions with China, U.S. export controls are in the spotlight like never before. As if regulators have not already made it clear enough, recent statements and actions indicate that the enforcement crosshairs…
Technology Protection is a Core National Security Priority: BIS Strengthens Its Policy on Disclosures
Recently, the Department of Commerce issued a memo, emphasizing that “technology protection is a core national security priority” and how companies that choose not to disclose significant violations of export regulations may have to bear concrete costs for non-disclosure. This…
Don’t Let the Government Name, Shame, and Fine You – Export Controls Do NOT Excuse Hiring Discrimination
When can an employer use the “national security exception” under U.S. anti-discrimination law to make a hiring decision based on the national origin of the candidate? An often overlooked area of compliance is how to comply with anti-discrimination law when…
OFAC Finds Digital Assets Trading Platform in Violation of Sanctions
On March 31, 2023, the Office of Foreign Assets Control (OFAC) announced a $72,230.32 settlement agreement with Uphold HQ Inc. (Uphold), a global multi-asset digital trading platform, in connection with 152 apparent violations of the Iranian Transactions and Sanctions Regulations,…
“Sanctions Are The New FCPA”: DOJ Increases Focus on Sanctions and Export Control Enforcement
On March 2, 2023, Deputy Attorney General Lisa Monaco delivered remarks to the ABA’s National Institute on White Collar Crime. Unsurprisingly, her remarks focused heavily on inspiring a culture of compliance – including highlighting the DOJ’s new policy to incentivize…
U.S. Outbound Investment Restrictions Are Becoming a Reality
Key Takeaways:
- Outbound investment rules may require notification, but there is less risk of transactions being blocked by regulators.
- Investments in advanced semiconductors in China may still be subject to being blocked.
- The required notification, review, and possible restriction still
…
Breaking the Link – New Developments on U.S. Licenses for Exports to Huawei
It looks like the licensing restrictions on Huawei are trickling into effect.
Our sources indicate that, as early as February 27, all license applications for exports or transfers involving Huawei which were pending with the U.S. Bureau of Industry and…
Friday Development: New Sanctions and Export Controls to Address Russia’s Ongoing Aggression in Ukraine (Including the use of Iranian UAVs)
In response to Russia’s ongoing aggression in Ukraine, both the United States and the European Union have imposed additional sanctions and further restricted exports to Russia and Iran. These new controls span many industries.…
A Closer Look at the Recent USMCA Automobile Disputes Panel Decision
The North American and global automotive sector is watching closely to see how the United States ultimately responds to the decision of December 14, 2022, made public on January 10, 2023, which upheld Canada’s and Mexico’s position on an important…