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Curtis Dombek

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Curt Dombek is a partner in the Governmental Practice. Curt divides his time between the firm's Brussels and Los Angeles offices.

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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 Security (BIS) have been placed on Hold Without Action. Further, we understand from various industry sources that BIS has begun informing certain U.S. companies that they will not receive further licenses to export chips for end use by Huawei.…

Continue Reading Breaking the Link – New Developments on U.S. Licenses for Exports to Huawei

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.…

Continue Reading Friday Development: New Sanctions and Export Controls to Address Russia’s Ongoing Aggression in Ukraine (Including the use of Iranian UAVs)

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 issue for calculation of a vehicle’s regional value content (RVC) under the USMCA. In dispute was whether a Core Part or Super Core Part that qualifies as originating under Articles 3.7 to 3.9 of the USMCA Auto Appendix can then have 100% of its value count as originating content when calculating the RVC of the fully assembled vehicle. The United States had argued that there was a separate “origination requirement” for Core Parts and Super Core Parts which, once satisfied, had no input into the vehicle RVC calculation. Instead, the United States argued, the vehicle RVC calculation would need to proceed from scratch, without the “roll-up” represented by the 100% value of originating Core Parts and Super Core Parts entering the vehicle RVC calculation. One consequence of the U.S. approach would have been on producers’ use of Chapter 4, Article 4.8, which limits them to just one layer of intermediate material roll-up on self-produced intermediate materials.…

Continue Reading A Closer Look at the Recent USMCA Automobile Disputes Panel Decision

In recent weeks we saw Canada, Mexico and the United States present their respective positions and legal arguments, often in sharply worded exchanges, about how the Auto Core Parts rules of origin under the U.S.-Mexico-Canada Agreement (USMCA) should be interpreted. It is a high-stakes issue because assembly operations for vehicles and their “Core Parts” (engine, transmission, etc.) inevitably involve lengthy bills of materials with components from many countries, and what is being disputed is whether Core Parts once found to meet the USMCA requirements to be “originating” can then have their value counted as originating value (i.e., “rolled up”) in the calculation of the regional value content (RVC) of the vehicle as a whole. …

Continue Reading Does the USMCA Mean What It Says? The Disputes Panel Hearing on the Auto Core Parts Rules of Origin

The U.S. photovoltaic (PV) industry, solar module suppliers, manufacturers, and renewable energy developers are facing new regulatory challenges with the implementation of new legislation which has a significant impact on such imports. Among the most significant is the Uyghur Forced Labor Prevention Act, Pub. L. No. 117-78, 135 Stat. 1525 (2021) (“UFLPA”), whose provisions became fully effective on June 21, 2022.…

Continue Reading Is the U.S. solar industry ready to prove its panels aren’t made with Uyghur forced labor?

In recent years, a wide array of trade actions pursued by the United States, foreign and domestic policies of the United States and China, reputational risks, and supply chain breakdowns are driving a trend of more and more manufacturing moving from Asia to Mexico. The Biden Administration has made no secret of its desire to encourage U.S. manufacturers and their component suppliers to move production from China to Mexico.[i]
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Continue Reading The Trend of Production Moving from China to Mexico – Regulatory and Practical Considerations: Zai Jian Zhongguo, Bienvenidos a México

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 app developers, have taken an increasingly dim view of this behavior.  A number of countries are considering legislation to prohibit such mandates by Internet platform providers.  A leading example is the Republic of Korea, where its legislature has just voted to enact such a prohibition.
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Continue Reading Legislatures Can Free App Developers from Platform Providers’ Mandates to Use Their In-App Purchasing Systems Without Violating WTO Principles

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

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 export controls had initially been proposed by the European Commission in September 2016.
Continue Reading A New Era of Export Controls Begins in the EU: The Revised EU Dual-Use Export Controls to Promote Human Rights

On Tuesday, May 19, the U.S. Commerce Department published a regulation (effective May 15, 2020) that prohibits sale to Huawei of a microchip made to a Huawei specification, made outside the United States with non-U.S. materials, sent from a foreign country, by a foreign person.

To quote the philosopher, hol’ up.

How is that even possible?
Continue Reading Huawei Whack-A-Mole: The U.S. Takes Another Swing at the Chinese Semiconductor Industry