On December 9, 2024, the U.S. District Court for the Eastern District of Arkansas (the Court) issued a preliminary injunction enjoining Arkansas’s enforcement of Acts 636 and 174 (the Acts), which impose certain restrictions on foreign ownership of land and digital asset mining businesses in Arkansas. The Court’s decision addresses concerns a crypto mining company
Trump 2.0: Tariffs and China to take center stage
On November 5, 2024, the United States elected former President Donald Trump to become its 47th president. Following Trump’s re-election, and with Republicans gaining control Congress, U.S. trade policy is expected to undergo several significant changes based on Trump’s previous administration and his campaign promises.
In a recent blog post, our trade team outlines
BIS further targets China’s ability to produce advanced semiconductors; China retaliates with its own export bans
On December 2, the Bureau of Industry and Security (BIS) announced two companion rules to impede China’s ability to procure and produce advanced-node semiconductors that can be used in advanced weapons systems, artificial intelligence (AI), and advanced computing.
In response, China announced that it will in principle ban exports of gallium, germanium, antimony, and superhard
Treasury expands CFIUS’s real estate jurisdiction
On November 1, 2024, the U.S. Department of the Treasury issued a final rule to expand the Committee on Foreign Investment in the United States’ (CFIUS) jurisdiction over certain transactions by foreign persons involving real estate in the United States (Final Rule). The Final Rule introduces significant changes, including:
1. Expansion of CFIUS’s jurisdiction over
International trade in a second Trump presidency
On Wednesday, former President Donald Trump was projected to retake the White House and become the United States’ 47th president. The Senate is also projected to be Republican controlled; the House of Representatives remains too close to call.
Based on insights from his first administration and his campaign promises, the following are a few key
Treasury Department issues final rule creating U.S. outbound investment security program
On October 28, 2024, the U.S. Department of the Treasury issued its long-awaited final rule (Final Rule) implementing an outbound investment security program. Stemming from Executive Order 14105 (Outbound Order), the new program targets U.S. investment in China, Hong Kong, and Macau related to a defined set of technologies and products that pose
BIS seeks comments on a proposed rule prohibiting transactions involving Chinese and Russian vehicle connectivity system hardware and software
The Bureau of Industry and Security (BIS) is seeking comments on a proposed rule that would prohibit transactions involving Vehicle Connectivity System (VCS)[1] hardware and covered software designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction of China (including Hong Kong) or Russia. Comments will be due
BIS recommends new export screening best practice
On July 10, BIS released new guidance strongly encouraging companies involved in exporting, reexporting, or transferring (in-country) Common High Priority List (CHPL) items to screen transaction parties against the list maintained by the Trade Integrity Project (TIP) (in addition to the Consolidated Screening List).
TIP is an initiative of the UK-based Open-Source Centre that
New U.S. sanctions and export controls target Russia and change screening expectations
On June 12, the Office of Foreign Assets Control (OFAC) and Bureau of Industry and Security (BIS) released new sanctions and export controls intended to further target Russia and Belarus, as well as those who transact with sanctioned entities and create diversion risks for export-controlled items.
New restrictions on certain IT and software services, effective
DHS adds 26 China-based cotton traders and warehouse facilities to UFLPA Entity List
Effective May 17, the Department of Homeland Security (DHS) is adding 26 China-based cotton traders and warehouse facilities to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List based on the U.S. government’s reasonable cause to believe the entities source or sell cotton from China’s Xinjiang Uyghur Autonomous Region (Xinjiang). These companies will now be