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Articles by Emily Mikes
President Trump Issues Order Further Modifying Section 338 Duties on Goods From Canada
On Friday, October 23, President Trump issued a Proclamation (the “Proclamation”) modifying the scope of products from Canada subject to Section 338 tariffs. Please see our previous post on Section 338 tariffs here. The Proclamation removes certain products, including plywood sheets, paper products, machinery, refrigeration equipment, and packing crates and boxes from the scope of Section 338.
Weekly Update: Week of October 19
President Trump Issues New Executive Order Waiving Certain Russia Sanctions Imposed Under Graham Act On Friday, October 16, 2026, President Trump issued an Executive Order implementing the Graham Act, passed back in September 2026. The Order waived most of the sanctions, restrictions, and duties the statute would otherwise impose.
Weekly Update: Week of October 19
President Trump Issues New Executive Order Waiving Certain Russia Sanctions Imposed Under Graham Act On Friday, October 16, 2026, President Trump issued an Executive Order implementing the Graham Act, passed back in September 2026. The Order waived most of the sanctions, restrictions, and duties the statute would otherwise impose.
Commerce Issues Rules for Certain Steel and Aluminum Producers to Obtain Tariff Adjustments if Used for Auto and MHDV Production
On April 23, 2026, the U.S. Department of Commerce (“Commerce”) published new procedures in the Federal Register for certain steel and aluminum producers to obtain tariff adjustments pursuant to Presidential Proclamation 10984. Proclamation 10984 authorized the Secretary of Commerce to reduce certain Section 232 metals tariffs implemented under Proclamations 9704 and 9705, as amended, for certain steel and aluminum producers in Canada and Mexico.
CAPE Phase 1 for IEEPA Tariff Refunds Is Live
On April 20, 2026, U.S. Customs and Border Protection (“Customs”) announced the activation of Phase 1 of the Consolidated Administration and Processing of Entries (“CAPE”) for IEEPA tariff refunds. CAPE Phase 1 is limited only to certain unliquidated entries and certain entries within 80 days of liquidation. For more information about CAPE as well as which entries are excluded from CAPE Phase 1 please see our prior posts (here and here).
Customs Issues Guidance on How to Report Revised Steel, Aluminum, and Copper at Time of Entry
U.S. Customs and Border Protection (“CBP”) issued guidance on how importers need to report and classify goods subject to the revised steel, aluminum, and copper tariffs announced by the Trump Administration on April 2, 2026. We encourage importers to review the list of HTS number affected by the metal tariffs to ensure compliance with the below reporting requirements.
Customs Issues Guidance on How to Report Revised Steel, Aluminum, and Copper at Time of Entry
U.S. Customs and Border Protection ("CBP") issued guidance on how importers need to report and classify goods subject to the revised steel, aluminum, and copper tariffs announced by the Trump Administration on April 2, 2026. We encourage importers to...
OFAC Issues Guidance on Sham Transactions and Sanctions Evasion
On March 31, 2026, the Office of Foreign Assets Control (“OFAC”) issued an advisory (the “Advisory”) regarding sham transactions and their use in evading US sanctions.
Trump Administration Kicks Off February with Major Trade-Related Actions | JD Supra
Our team’s annual report on international trade, published in December 2024, alerted readers that the incoming Trump administration would likely be quick to impose additional tariffs on goods from major U.S. trading partners, including the use of the International Emergency Economic Powers Act of 1977 (IEEPA) to accomplish this end, even though no prior administration had ever sought to impose tariffs via IEEPA.
OFAC Issues Guidance Extending Statute of Limitations to 10 Years | JD Supra
On April 24, 2024, President Biden signed into law the 21st Century Peace through Strength Act, Pub. L. No. 118-50, div. D. Part of the Act included a provision extending the statute of limitations for civil and criminal violations of the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA) from five years to 10 years. The new statute of limitations took effect on the date of the President’s signature.
BIS Issues New Guidance to Combat Russia Diversion Risks and Highlights Recent Enforcement Actions | JD Supra
*[co-author: Angelina Maleska] Recently, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued new guidance to exporters intended to further assist BIS in its efforts to crack down on third-party diversion to Russia.
Commerce Department Bans Kaspersky Software in First ICTS Prohibition, Signals Increased Risk of Using Certain Foreign Software and Technology | JD Supra
*[co-author: Dakota Nichols] On June 20, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a Final Determination prohibiting the sale of certain cybersecurity products, anti-virus software, and related services to U.S. persons by Kaspersky Lab, Inc. (“Kaspersky”), the U.S. subsidiary of Russian cybersecurity provider AO Kaspersky Lab.
Biden Administration Increases Tariffs on Imports of Aluminum and Steel | JD Supra
On July 10, 2024, the Biden Administration announced tariff increases on imports of aluminum and steel products. The tariff increases are the latest measure to combat the circumvention of Section 301 duties imposed against Chinese origin products by shipping the products through third countries. The modifications apply to goods entered or withdrawn for consumption on or after July 10, 2024.
U.S. Government Imposes Over 600 Denied Parties Designations On Second Anniversary Of Russia’s Ukraine | JD Supra
Sanctions Designations and Business Advisory Issued by OFAC and the U.S. State Department On February 23, 2024, the Treasury Department’s Office of Foreign Assets Control (“OFAC”) and Department of State together announced more than 500 sanctions designations targeting government officials, companies, and individuals in Russia and beyond.
U.S. GOVERNMENT IMPOSES OVER 600 DENIED PARTIES DESIGNATIONS ON SECOND ANNIVERSARY OF RUSSIA’S UKRAINE
Sanctions Designations and Business Advisory Issued by OFAC and the U.S. State Department On February 23, 2024, the Treasury Department’s Office of Foreign Assets Control (“OFAC”) and Department of State together announced more than 500 sanctions designations targeting government officials, companies, and individuals in Russia and beyond.
Executive Order Imposes New Russia Sanctions for Foreign Financial Institutions and Prohibits Additional Russian Imports | JD Supra
Executive Order Imposes New Russia Sanctions for Foreign Financial Institutions and Prohibits Additional Russian Imports On December 22, 2023, President Biden issued Executive Order 14114, which amended previous Executive Orders in order to authorize the US Treasury Department’s Office of Foreign Assets Control (“OFAC”) to impose additional Russia-related sanctions on foreign financial institutions and expand the scope of existing import prohibitions for certain Russian goods.
Executive Order Imposes New Russia Sanctions for Foreign Financial Institutions and Prohibits Additional Russian Imports
Executive Order Imposes New Russia Sanctions for Foreign Financial Institutions and Prohibits Additional Russian Imports On December 22, 2023, President Biden issued Executive Order 14114, which amended previous Executive Orders in order to authorize the US Treasury Department’s Office of Foreign Assets Control (“OFAC”) to impose additional Russia-related sanctions on foreign financial institutions and expand the scope of existing import prohibitions for certain Russian goods.
Preparing for Impact of Government Shutdown on International Trade Functions | JD Supra
As of Friday September 29, 2023, the United States Congress has yet to reach a spending agreement, as a result companies with international trade operations should prepare for a potential Federal government shutdown. The shutdown, which is expected to take place beginning as of 12:01 am October 1, 2023, will cause significant changes to international trade operations including agency closures and operational changes that will inevitably delay and disrupt certain trade administrative functions.
Preparing for Impact of Government Shutdown on International Trade Functions
As of Friday September 29, 2023, the United States Congress has yet to reach a spending agreement, as a result companies with international trade operations should prepare for a potential Federal government shutdown. The shutdown, which is expected to take place beginning as of 12:01 am October 1, 2023, will cause significant changes to international trade operations including agency closures and operational changes that will inevitably delay and disrupt certain trade administrative functions.
Biden Administration Issues Executive Order to Restrict U.S. Investment in Chinese Technology Sectors | JD Supra
Last week, President Biden issued an Executive Order outlining the long-anticipated proposed restrictions on outbound U.S. investments in entities located in China or otherwise subject to China’s jurisdiction.
The Government Continues to Prioritize Export Control and Sanctions Enforcement Highlighted in New Tri-Seal Compliance Note and Cooperative Agreement Between BIS and OFAC. | Husch Blackwell LLP - JDSupra
On Wednesday, July 26, the Departments of Commerce, Treasury, and Justice issued a Tri Seal Compliance Note detailing the voluntary self-disclosure of potential violations for export controls, sanctions, and other national security laws. The Compliance Note highlights the new changes made to the Department of Justice’s voluntary self-disclosure policy.
The Government Continues to Prioritize Export Control and Sanctions Enforcement Highlighted in New Tri-Seal Compliance Note and Cooperative Agreement Between BIS and OFAC. - LexBlog
On Wednesday, July 26, the Departments of Commerce, Treasury, and Justice issued a Tri Seal Compliance Note detailing the voluntary self-disclosure of potential violations for export controls, sanctions, and other national security laws. The Compliance Note highlights the new changes made to the Department of Justice’s voluntary self-disclosure policy.
U.S. and India Agree to terminate Six Outstanding Disputes at The World Trade Organization | JD Supra
On June 22, 2023, the United States Trade Representative (USTR) that the United States and India reached an agreement to terminate ongoing disputes at the World Trade Organization (WTO). Additionally, India agreed to remove retaliatory tariffs implemented against certain U.S. products in response to the U.S.’s institution of Section 232 tariffs on steel and aluminum in 2018.
U.S. and India Agree to terminate Six Outstanding Disputes at The World Trade Organization
On June 22, 2023, the United States Trade Representative (USTR) that the United States and India reached an agreement to terminate ongoing disputes at the World Trade Organization (WTO). Additionally, India agreed to remove retaliatory tariffs implemented against certain U.S. products in response to the U.S.’s institution of Section 232 tariffs on steel and aluminum in 2018.
'Varsity Blues' Reversal May Inform Conspiracy Defenses
By Cormac Connor and Emily Mikes (June 21, 2023, 3:26 PM EDT) -- On May 10, the U.S. Court of Appeals for the First Circuit dealt a major blow to the U.S. Department of Justice's sprawling "Varsity Blues" investigation by reversing the convictions of two defendants who chose to take their cases to trial.[1]... Stay ahead of the curve In the legal profession, information is the key to success. You have to know what's happening with clients, competitors, practice areas, and industries.
OFAC and U.S. Department of State Issue New Sanctions and Designates More Than 300 Russian Federation Individuals and Companies Aiding Russia’s War Efforts | Husch Blackwell LLP - JDSupra
On Friday, May 19, 2023, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) announced the addition of more than 300 Russian Federation individuals and companies as well as other individuals and companies alleged to be aiding Russia’s war efforts to the Specially Designated Nationals and Blocked Persons (“SDN”) List.
BIS Implements Additional Export Controls and Entity List Additions Targeting Russia to Align with Allies and Partners | JD Supra
On May 19, 2023, the Department of Commerce’s Bureau of Industry and Security (“BIS”) announced new export controls and Entity List additions during President Biden’s G7 visit in Japan. In conjunction with the G7 meetings, BIS stated these new restrictions are designed to better align U.S. controls with those of its partner and ally countries, who have committed to further restricting Russia’s ability to obtain items needed to support Russia’s military in its war efforts against Ukraine.
OFAC and U.S. Department of State Issue New Sanctions and Designates More Than 300 Russian Federation Individuals and Companies Aiding Russia’s War Efforts
With a strong investigative background, Eric represents clients in labor and employment litigation and compliance investigations. Eric divides his practice between traditional labor and employment litigation and compliance work.
BIS Implements Additional Export Controls and Entity List Additions Targeting Russia to Align with Allies and Partners
On May 19, 2023, the Department of Commerce’s Bureau of Industry and Security (“BIS”) announced new export controls and Entity List additions during President Biden’s G7 visit in Japan. In conjunction with the G7 meetings, BIS stated these new restrictions are designed to better align U.S. controls with those of its partner and ally countries, who have committed to further restricting Russia’s ability to obtain items needed to support Russia’s military in its war efforts against Ukraine.
BIS Levies Record Penalty for Export Control Violations related to Huawei Shipments | JD Supra
Recently, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced the issuance of a $300 million penalty against Seagate Technology LLC and its Singapore affiliate, Seagate Singapore International Headquarters Pte. Ltd., (collectively, “Seagate”) to resolve apparent violations of the Huawei foreign direct product rule (the “Huawei FDP Rule”).
BIS Levies Record Penalty for Export Control Violations related to Huawei Shipments
Recently, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced the issuance of a $300 million penalty against Seagate Technology LLC and its Singapore affiliate, Seagate Singapore International Headquarters Pte. Ltd., (collectively, “Seagate”) to resolve apparent violations of the Huawei foreign direct product rule (the “Huawei FDP Rule”).
BIS Issues New Export Controls and Entity List Additions Targeting Russia on One-Year Anniversary of Invasion | JD Supra
The Department of Commerce’s Bureau of Industry and Security (“BIS”) announced today new export controls and Entity List additions designed to further restrict Russia’s ability to maintain its continued war against Ukraine. The Biden Administration’s measures come on the one-year anniversary of Russia’s invasion of Ukraine and the first announcement by several Western countries, including the U.S., of initial sanctions in response.
OFAC Issues Sweeping Sanctions to Mark One Year Anniversary of Russia’s Invasion of Ukraine
With a strong investigative background, Eric represents clients in labor and employment litigation and compliance investigations. Eric divides his practice between traditional labor and employment litigation and compliance work.
BIS Issues New Export Controls and Entity List Additions Targeting Russia on One-Year Anniversary of Invasion
The Department of Commerce’s Bureau of Industry and Security (“BIS”) announced today new export controls and Entity List additions designed to further restrict Russia’s ability to maintain its continued war against Ukraine. The Biden Administration’s measures come on the one-year anniversary of Russia’s invasion of Ukraine and the first announcement by several Western countries, including the U.S., of initial sanctions in response.
Export Control Violations Result in Significant Monetary Penalties and Continuing Compliance Training Obligations | JD Supra
In a recent order, the Department of Commerce’s Bureau of Industry and Security (“BIS”) revoked the export privileges for Obaidullah Sayed, an Illinois resident. Sayed was convicted of conspiring to export computers, computer systems, and other related equipment to the Pakistan Atomic Energy Commission without a license. Sayed was sentenced to one year and one day in prison and was required to forfeit $247,000.
Export Control Violations Result in Significant Monetary Penalties and Continuing Compliance Training Obligations
In a recent order, the Department of Commerce’s Bureau of Industry and Security (“BIS”) revoked the export privileges for Obaidullah Sayed, an Illinois resident. Sayed was convicted of conspiring to export computers, computer systems, and other related equipment to the Pakistan Atomic Energy Commission without a license. Sayed was sentenced to one year and one day in prison and was required to forfeit $247,000.
Biden Administration No Longer Approving Export Licenses to Chinese Tech Giant Huawei | JD Supra Original
According to recent reports, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) has stopped granting export licenses to Huawei Technologies Co. Ltd. (“Huawei”). The U.S. government has long sought to restrict Huawei’s access to advanced U.S. computer chips used to power 5G networks and related technological applications.
Biden Administration No Longer Approving Export Licenses to Chinese Tech Giant Huawei
According to recent reports, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) has stopped granting export licenses to Huawei Technologies Co. Ltd. (“Huawei”). The U.S. government has long sought to restrict Huawei’s access to advanced U.S. computer chips used to power 5G networks and related technological applications.
BIS Adds 35 Chinese Entities to Entity List for Supporting China’s Military Modernization Efforts and Nine Russian Entities for Failure to Complete Satisfactory End-Use Checks | Husch Blackwell LLP - JDSupra
On December 16, 2022, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) published a rule adding 35 entities from China and one entity from Japan to the Entity List for supporting China’s military modernization efforts, human rights violations, and risk of diversion.
BIS Adds 35 Chinese Entities to Entity List for Supporting China’s Military Modernization Efforts and Nine Russian Entities for Failure to Complete Satisfactory End-Use Checks
On December 16, 2022, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) published a rule adding 35 entities from China and one entity from Japan to the Entity List for supporting China’s military modernization efforts, human rights violations, and risk of diversion.
OFAC Continues to Take Aim at Russia’s Financial Sector with More SDN Designations | JD Supra
December 19, 2022 Eric Dama, Grant Leach, Emily Mikes, Cortney O'Toole Morgan Husch Blackwell LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On December 15, 2022, the Office of Foreign Assets Control (“OFAC”) added 18 entities in Russia’s financial services sector to the Specially Designated Nationals and Blocked Persons List (“SDN List”).
OFAC Continues to Take Aim at Russia’s Financial Sector with More SDN Designations
On December 15, 2022, the Office of Foreign Assets Control (“OFAC”) added 18 entities in Russia’s financial services sector to the Specially Designated Nationals and Blocked Persons List (“SDN List”). The US State Department concurrently designated Vladimir Potanin, one of the richest men in Russia. OFAC designated Public Joint Stock Company Rosbank (“Rosbank”), a bank acquired by Potanin earlier this year.
BIS Adds 24 New Entities and Removes One from Entity List and Extends Deadline for Comments to New Semiconductor Rules | JD Supra
BIS Adds 24 New Entities and Removes One from Entity List On December 8, 2022, the Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a notice in the Federal Register adding 24 entities under 26 entries and removing one entity from the Entity List. The entities are from Latvia, Pakistan, Russia, Singapore, Switzerland, and the United Arab Emirates.
BIS Adds 24 New Entities and Removes One from Entity List and Extends Deadline for Comments to New Semiconductor Rules
BIS Adds 24 New Entities and Removes One from Entity List On December 8, 2022, the Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a notice in the Federal Register adding 24 entities under 26 entries and removing one entity from the Entity List. The entities are from Latvia, Pakistan, Russia, Singapore, Switzerland, and the United Arab Emirates.
Supreme Court to Decide Security of the Cloud
On February 27, 2018, the Supreme Court heard oral arguments in a case that will affect the security of data stored in the cloud. At issue in United States v.
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