Tag Archives: Export Lawyer

Huawei Whack-A-Mole: The U.S. Takes Another Swing at the Chinese Semiconductor Industry

Reid WhittenCurtis DombekJ. Scott MaberryBy Reid Whitten, Curtis Dombek and J. Scott Maberry on Posted in Export Administration Regulations (EAR) and Commercial Exports
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 … Continue Reading

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

Sarah Ben-MoussaJudith FioriniReid WhittenBy Sarah Ben-Moussa, Judith Fiorini and Reid Whitten on 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 … Continue Reading

UPDATED: China Trade War Scorecard: Keeping Track of Tariffs

Reid WhittenLisa MaysBy Reid Whitten, Julien Blanquart* and Lisa Mays on 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 … Continue Reading

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

Reid WhittenBy Reid Whitten and Julien Blanquart* on 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 … Continue Reading

Chasing Huawei: BIS May Change the Rules of the Game to Target One Player

Reid WhittenLisa MaysBy Reid Whitten and Lisa Mays on Posted in Export Administration Regulations (EAR) and Commercial Exports
The U.S. Department of Commerce is considering tightening export controls in two major ways. The changes are aimed at choking off supplies to Huawei, but the move could impact a wide range of commercial transactions for all EAR items and technology exported or reexported to China.… Continue Reading

CFIUS Proposes Rules to Implement FIRRMA

Reid WhittenBrian WeimerEamon TierneyBy Reid Whitten, Brian Weimer and Eamon Tierney on Posted in CFIUS
Key Takeaways: Technology Infrastructure and Data. CFIUS will focus its review on investments in critical Technology, critical Infrastructure, and sensitive personal Data (“TID Businesses”). Critical technologies is defined to include certain items subject to export controls along with emerging and foundational technologies under the Export Control Reform Act of 2018. CFIUS provides a very helpful … Continue Reading

A Chinese Export License to Get a Smart Phone? Tech-Tonic Changes in World Export Controls

Reid WhittenBy Reid Whitten and Julien Blanquart* on Posted in Export Control Reform (ECR)
“A free and open economy is the foundation of global peace and prosperity.” – Prime Minister Shinzo Abe, G20 summit, June 2019. On July 1, 2019, only few days after Japanese Prime Minister Shinzo Abe opened the G20 summit with a speech endorsing an open global economy, the Japanese government announced that it will impose tighter … Continue Reading

China Trade War Scorecard: Keeping Track of Tariffs

Reid WhittenBy Reid Whitten and Julien Blanquart* on Posted in Import and Customs
An updated version of this article was posted on January 16, 2020. 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 … Continue Reading

Hua-Wait a Minute: Entity Designation Affects Non-U.S. Manufacturers’ Exports to China Tech Giant

Reid WhittenJ. Scott MaberryEnumale AgadaBy Reid Whitten, J. Scott Maberry and Enumale Agada on Posted in Export Administration Regulations (EAR) and Commercial Exports
On May 16, 2019, a sweeping U.S. export control rule went into effect that will impact the U.S. tech industry, but may also create an outsized risk for non-U.S. manufacturers. The rule, issued by the U.S. Department of Commerce, Bureau of Industry and Security (BIS) adds Huawei Technologies Co., Ltd. (Huawei) and 68 of its … Continue Reading

INTERNATIONAL TECH INVESTMENT ISSUE – Threats to Technology Investment from Global Politics: How to Succeed as Borders Tighten

Reid WhittenJ. Scott MaberryBy Reid Whitten and J. Scott Maberry on Posted in CFIUS
Over the past year, the impact of international political risks on the global tech industry has been unprecedented.” – Tung Tzu-hsien, Chairman of iPhone’s Chinese assembly company, Pegatron Technology investment is getting harder. A few years ago, strategic and private equity technology acquisitions, multinational joint venture creation, and cross-border R&D collaboration were not only relatively straightforward, … Continue Reading

INTERNATIONAL TECH INVESTMENT ISSUE – Investments With Borders: CFIUS-Style Foreign Investment Review Goes Global

Reid WhittenBy Reid Whitten and Julien Blanquart* on Posted in CFIUS
The Committee on Foreign Investment in the United States, CFIUS, is the U.S. government agency that conducts national security reviews of foreign direct investment in the United States. The CFIUS rules have been significantly tightened over time, which has created major obstacles, particularly to technology investments, and particularly for Chinese investors. But as investors turn … Continue Reading

INTERNATIONAL TECH INVESTMENT ISSUE – A Wave of Export Regulation to Hit US Technologies

Reid WhittenLisa MaysBy Reid Whitten and Lisa Mays on Posted in Export Control Reform (ECR)
This article originally appeared in Risk & Compliance magazine in the UK, a publication of Financier Worldwide. The piece includes UK spelling and grammar. Key Takeaways: A wave is coming. An enormous wave of regulation will soon crash on Silicon Valley, Boston and other tech centres around the United States, and very few people have … Continue Reading

Clear for More Takeoffs: Now is the Time to Have Your Voice Heard on New Satellite and Launch Regulations

Reid WhittenFatema MerchantBy Reid Whitten and Fatema Merchant on Posted in Export Control Reform (ECR), ITAR and Defense Exports
On March 8, the U.S. government signaled regulatory changes that may create new opportunities for international collaboration on satellite development, global sales of satellite and launch equipment, and even sharing launch technology. . . . and the Government wants you to weigh in.… Continue Reading

The New Suits of Havana: How Non-U.S. Companies May Soon Be Sued for Their Business in Cuba

Reid WhittenLisa MaysBy Reid Whitten and Lisa Mays on Posted in Sanctions
Picture your company being hauled into U.S. court to defend litigation for your Cuba business that is lawful in your home country. That is the scenario that the Trump administration and Cuba hawks in Congress are aiming to arrange. The Trump administration is preparing to part the practice of past presidents to allow U.S. persons … Continue Reading

Comment Deadline Extended: Export Controls on Emerging Technologies

J. Scott MaberryReid WhittenCurtis DombekA. Joseph Jay IIIFatema MerchantLisa MaysEnumale AgadaBy J. Scott Maberry, Reid Whitten, Curtis Dombek, A. Joseph Jay III, Fatema Merchant, Lisa Mays and Enumale Agada on Posted in Export Administration Regulations (EAR) and Commercial Exports
*This is an updated version of the December 10th blog post. Key Takeaways: Emerging technology sectors are being reviewed now for new export controls that could take effect in 2019 (list below). You may submit comments on the criteria the U.S. government will use to determine what technologies are subject to export controls. The deadline … Continue Reading

The Little Regulation That Will Make a Big Change in How You Do Business: Department of Commerce to Establish New Export Controls on Emerging Technologies

Reid WhittenJ. Scott MaberryCurtis DombekLisa MaysBy Reid Whitten, J. Scott Maberry, Curtis Dombek and Lisa Mays on Posted in CFIUS, Export Administration Regulations (EAR) and Commercial Exports
Key Takeaways: Emerging technology sectors will soon be subject to new export controls. Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive manufacturing, robotics, brain-machine interface, advanced materials, and surveillance. New export controls on these sectors will likely require companies to obtain a license to export products to China and other … Continue Reading

FIRRMA Takes Form as CFIUS Enacts a New Pilot Program Targeting “Critical Technologies”

Reid WhittenBrian WeimerEnumale AgadaDrew SvorBy Reid Whitten, Brian Weimer, Enumale Agada and Drew Svor on Posted in CFIUS
On October 10, 2018, the Committee on Foreign Investment in the United States put into effect the first mandatory filing requirement ever imposed by CFIUS. The Department of Treasury’s summary of the Pilot Program is available here. Effective November 10, 2018, CFIUS will require reviews of critical technology investments – including certain non-controlling investments – … Continue Reading

Stuck in the Middle With You: EU Blocking Statutes, Iran Sanctions, and the Thousands of Businesses Caught In Between

Reid WhittenBy Reid Whitten on Posted in Sanctions
Imagine telling your company’s Board of Directors that the company will have to knowingly violate the law. Further, you might note, the American Law Institute’s Principles of Corporate Governance state that, with very limited exceptions, a director who knowingly causes the corporation to disobey the law violates his duty of care. The protections of the … Continue Reading

On FIRRMA Ground: Congress to Restrict Foreign Investment and Expand Export Controls

Robert MagielnickiReid WhittenBy Robert Magielnicki and Reid Whitten on Posted in CFIUS
This week, there were reports that the Trump Administration would use emergency powers to restrict Chinese investment in the United States. On Wednesday, the White House backed away from that position after the House of Representatives passed a bill on Tuesday expanding and increasing the powers of the Committee on Foreign Investment in the United … Continue Reading
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