The CFIUS Book: Second Edition (Slight Delay)

By Reid Whitten on May 6, 2020 Posted in CFIUS

The pandemic that has put our world a bit sideways has, as you might expect, set back our publication date. We should have paper copies of the (much anticipated) CFIUS Book: Second Edition available by mid-May 2020. However, because we have the text ready, we will publish a series of preview excerpts for your review and, of course, as teasers for the New York Review of Books.

In this excerpt we discuss a new decision that investors will face as they approach investment in the United States, whether to file a full Joint Voluntary Notice or to file a short-form Declaration, also sometimes referred to as “CFIUS Lite.”

Please don’t hesitate to reach out and tell us what you think.

— Reid Whitten Continue Reading

Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

By Lisa Mays, J. Scott Maberry, Greg Berk and Denise Giraudo on April 8, 2020 Posted in Export Administration Regulations (EAR) and Commercial Exports, ITAR and Defense Exports

The scenario happens all the time:

Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager has drafted the job posting.

What could go wrong? Export controls and anti-discrimination laws require employers to navigate an often-overlooked fine line when recruiting and hiring foreign nationals for positions involving export controlled information.

The Emerging Landscape for Export Controls on Autonomous Vehicle Technology

By Curtis Dombek, Fatema Merchant and Lisa Mays on April 8, 2020 Posted in CFIUS, Export Administration Regulations (EAR) and Commercial Exports, ITAR and Defense Exports

Taking a break from reporting on COVID-19 legal developments, we turn for a moment to what is happening now on export control of autonomous vehicle technology.

The autonomous vehicle R&D sector is booming, largely in the last three years. Companies are investing in sensor technology and machine learning, and creating pilot programs to test self-driving cars both for individuals and ride-sharing purposes.

The Impact of Coronavirus on Supply Chain

By Angela Reid and Whitney Jones Roy on March 9, 2020 Posted in Coronavirus

The global Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) outbreak has caused supply chain disruptions to businesses around the world. From delayed production to halted factory operations and slim shipping and freight options, the coronavirus costs keep mounting for businesses facing huge losses. Developing a cogent response to the outbreak can be extremely challenging, given the scale of the crisis and the rate at which it is evolving. Sheppard Mullin has mobilized a task force to assist clients address potential legal issues that may arise with respect to their supply chain or contracts.

Supply Chain; CVOID 19; Coronavirus Continue Reading

Coming to America…to Wait Out the Coronavirus — Visa & Immigration Considerations

By Greg Berk on March 9, 2020 Posted in Coronavirus

With the growing concern about Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) some foreign nationals who live outside the U.S. have decided to fly to the U.S. and wait out the crisis. This article discusses the related visa and immigration issues, and what U.S. Customs and Border Protection requires to admit someone into the U.S. Continue Reading

Potential Impact of U.S.-France Trade Tension on U.S. Imports of French Products and Luxury Goods

By Sarah Ben-Moussa, Judith Fiorini and Reid Whitten on February 7, 2020 Posted in Import and Customs

On December 2, 2019, the U.S. Trade Representative (USTR) announced that in response to a digital services tax law passed in France, it would be retaliating with stringent tariffs on luxury products coming from France. The potential tariffs could target up to $2.4 billion worth of French imports into the United States, with duties as high as 100%.[1] Continue Reading

From CFIUS, With Love: The FIRRMA Regulations

By Reid Whitten, Lisa Mays and J. Scott Maberry on January 28, 2020 Posted in CFIUS

The most pressing question around the new FIRRMA regulations is “Will my transaction be covered?” To provide a bit of guidance on that point, we present an illustration from our upcoming Second Edition of The CFIUS Book due out in March of this year. Continue Reading

Modernizing NAFTA: The United States-Mexico-Canada Trade Agreement

By Curtis Dombek, Enumale Agada and J. Scott Maberry on January 17, 2020 Posted in Free Trade Agreements (FTA), United States-Mexico-Canada Agreement (USMCA)

On January 16, 2020, the United States Senate voted by an overwhelming majority to pass the implementing legislation for the United States-Mexico-Canada Trade Agreement (USMCA) after months of tense negotiations with Democrats over revisions to the original agreement which had been signed by all three signatories on November 30, 2018.

The USMCA has been touted by its supporters as a comprehensive and modern trade agreement to replace the North Atlantic Free Trade Agreement (NAFTA). But how does the USMCA differ from NAFTA and what is so modern about it? The following is a brief overview of the notable differences between this 21^st century agreement and its predecessor: Continue Reading

UPDATED: China Trade War Scorecard: Keeping Track of Tariffs

By Reid Whitten, Julien Blanquart* and Lisa Mays on January 16, 2020 Posted in Import and Customs

With round after round of tariffs on Chinese goods, announcements, removals, exclusions, delays, increases and, of course, tweets regarding all of the above, it can be easy to get lost on where, exactly, things stand with respect to Tariffs implemented under Section 301 of the Trade Act. Below we provide a brief overview and reference chart, complete with links to the relevant notices. We will update the chart as the U.S. government adds, removes, or changes the tariffs.

** This is an update to our August 19, 2019 post. **

Almost two years into the trade war, the United States and China have reached a preliminary agreement. On January 15, 2020, the United States Trade Representative published that agreement. The agreement includes provisions on intellectual property, technology transfer, agriculture, currency, and expanding trade.

Per that agreement, the USTR will reduce duties on List 4A, which is roughly $120 billion worth of Chinese goods, from 15 to 7.5 percent effective on February 14, 2020.
Continue Reading

Where’d You Get Your Tech? New Rules May Allow the U.S. Government to Unwind Your Latest IT Transaction

By Reid Whitten and Julien Blanquart* on December 18, 2019 Posted in CFIUS, Export Administration Regulations (EAR) and Commercial Exports, ITAR and Defense Exports

On November 26, 2019, the U.S. Department of Commerce issued a proposed rule that could change how you procure IT goods and services.

The rule would allow the Commerce Department to review your company’s purchase of information and communications technology and services (ICTS), and to impose mitigation measures or unwind your transaction.

Go ahead. Read that again. We’ll wait. Continue Reading

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