Header graphic for print
Focus on Regulation

Category Archives: International Trade & Investment

Subscribe to International Trade & Investment RSS Feed

Parts of our blog are moving!

We have moved parts of our blog to the new technology platform Engage.  Engage will give you the legal and regulatory insight and analysis you need, from across our global network, when you need it. If you are signed up to receive emails from us, you’ll soon receive an email with details on how to use Engage to continue to stay up-to-date on the latest developments in regulation, as well as on different topics published by the firm if you’d like.

EU expands its sanctions against Venezuela

On 29 June 2020, the Council of the European Union have included eleven officials in the list of natural and legal persons, entities and bodies subject to asset freezing measures and a travel ban. The listed individuals are deemed responsible for serious human rights violations and for the repression of civil society and democratic opposition

Department of Defense Lists Chinese Companies, with Chinese Military Ties, Operating in the United States

On 24 June 2020, the United States Department of Defense made public a list of Chinese companies operating in the U.S. that are associated with the Chinese military. The Department of Defense has been legally required to maintain such a list under Section 1237 of the 1999 National Defense Authorization Act. The Act requires the

Next steps towards tighter German Foreign Investment Control rules passed

For M&A transactions in Germany and beyond, Foreign Investment Control screenings have become an indispensable standard element to assess when structuring deals and planning for regulatory review. Similarly to merger control, acquirers and sellers need to consider the impact of the increasing number of jurisdictions that might want to review their proposed transaction. In the

BIS Expands Foreign-Produced Direct Product Rule With Regard to Huawei

The Commerce Department’s Bureau of Industry and Security has announced an Interim Final Rule amending the Export Administration Regulation’s General Prohibition Three, the foreign-produced direct product rule. According to the accompanying press release, the rule change makes the following foreign-produced items subject to the EAR: Items, such as semiconductor designs, when produced by Huawei and

Bill Introduced to Block Chinese Acquisitions During COVID-19 Pandemic

Representative Jim Banks introduced a bill on 5 May 2020 to “place temporary restrictions on acquisitions [of U.S. companies] by the People’s Republic of China. . .” during the COVID-19 pandemic. The bill would mandate, with certain exceptions, that the Committee on Foreign Investment in the United States (CFIUS) review, and the President deny, certain

EU imposes sanctions on 6 Nicaraguan nationals

On 4 May 2020 the Council of the European Union have included six Nicaraguan officials in the list of natural and legal persons, entities and bodies subject to asset freezing measures and a travel ban. The listed individuals are deemed responsible for serious human rights violations and for the repression of civil society and democratic

Pay up: CFIUS imposes filing fees effective 1 May

The U.S. Department of the Treasury’s Interim Rule establishing filing fees for joint voluntary notices submitted to the Committee on Foreign Investment in the United States goes into effect 1 May 2020. Treasury has created the following tiered system of fee amounts:   Value of the Transaction (range) Fee (USD) <$500,000 $0 $500,000 – <$5,000,000 $750

Update on UK export licencing processes amidst the COVID-19 outbreak

Amidst the global COVID-19 pandemic many things are uncertain. For businesses, this is further compounded by the rapidly changing and temporary measures that governments are launching to limit the financial fallout of the outbreak. To ensure businesses are not accidently caught out by these new measures, it is important for companies importing and exporting goods

BIS publishes rules regarding CIV and APR license exceptions and military end use and military end user controls for China, Russia and Venezuela

Three important regulatory developments were published yesterday in the Federal Register by the Commerce Department’s Bureau of Industry and Security: A Final Rule eliminating the Civil End Users (CIV) license exception. The Final Rule goes into effect 29 June 2020. A Final Rule expanding license requirements for exports, reexports and in-country transfer for military end

The European Commission extends export restrictions on Personal Protective Equipment

The EU has extended the export restrictions on certain items of Personal Protective Equipment (PPE) for a further period of 30 days. On 24 April, the European Commission (Commission) extended the export controls on PPE until 26 May 2020, through Commission Implementing Regulation (EU) 2020/568 (you may find the regulation here). According to the existing

President Trump Issues Executive Order Postponing Customs Payments for 90 Days

On 19 April, President Trump issued an Executive Order providing for a temporary 90‑day deferral, of estimated payments of duties, taxes, and fees to Customs and Border Protection (CBP) by importers “suffering significant financial hardship” due to the coronavirus pandemic. The deferral solely applies to most-favored nation (MFN) tariffs and duties and explicitly does not

EU suspends tariffs on medical equipment

Following requests from numerous Member States, on 3 April the European Commission (“Commission“) adopted Commission Decision (EU) 2020/491 (“the Decision“), which provides for relief from import duties and VAT for goods imported in the EU to combat the COVID-19 outbreak.  Although the Decision does not include a specific list of covered products, it would likely

Customs Rescinds Proposal to Extend Payment of Duties in Response to COVID-19 Pandemic; Requires Payment of Deferred Duties Not Granted Extension

US Customs and Border Protection (“Customs”) rescinded its proposal to grant extensions on all customs duty payments for 90 days in response to the COVID-19 Pandemic.  While Customs has conducted a limited case-by-case review of some requests for extensions of duty payments, Customs notified the trade community it was no longer accepting case-by-case requests for

Industrial policy strikes again: Germany announces further tightening of Foreign Investment Control rules

For M&A transactions in Germany and beyond, Foreign Investment Control screenings have become an indispensable standard element to assess when structuring deals and planning for regulatory review. Similarly to merger control, acquirers and sellers need to consider the impact of the increasing number of jurisdictions that might want to review their proposed transaction. In the

Federal Circuit Acetris Decision Changes Procurement Country of Origin Landscape

On Monday, in the much-anticipated decision in Acetris Health, LLC v. U.S. 18-2399, the Court of Appeals for the Federal Circuit (the “Federal Circuit”) ruled that U.S. manufacture of a drug is sufficient to confer U.S. origin under the Trade Agreements Act (“TAA”) – regardless of the origin of its main component, the Active Pharmaceutical

National Security Commission on AI issues interim report

The National Security Commission on Artificial Intelligence (the “Commission”), established by the John S. McCain National Defense Authorization Act for Fiscal Year 2019, issued an interim report providing the Commission’s preliminary assessment of foreign threats to U.S. national security in the current AI era; how AI can improve the government’s ability to defend the U.S.,

CFIUS Regulations Released for Public Inspection

The long-anticipated foreign investment review regulations were released for public inspection on 13 January, 2020. The regulations, scheduled to appear in the Federal Register on 17 January, 2020, are in two Federal Register notices: In connection with 31 CFR Parts 800 and 801, the Office of Investment Security at the Department of the Treasury issued

Will FDA be forced to implement a drug importation program?

Over a year ago, HHS Secretary Alex Azar requested that FDA establish a working group to explore how drug importation “could help address price hikes and supply disruptions.” The FDA working group was not assigned the task of developing a broad drug importation program. Instead, the working group’s remit was specifically limited to considering potential

A New European Deal?

German Minister of Economics suggests revising EU and German merger control regulations to enable the creation of European champions – and keeps FDI options on the table to prevent acquisitions by non-European players