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Articles by Nelson Dong
U.S. Commerce Department Adopts Third Major Round of Export Controls Aimed at China | JD Supra
On December 2, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) adopted yet another round of amendments to the Export Administration Regulations (“EAR”) to curb advances by the People’s Republic of China (“PRC”) in artificial intelligence (“AI”) and advanced semiconductor design and production.[1] These EAR amendments aim to impede China’s ability to develop an indigenous semiconductor manufacturing base and to prevent the PRC from applying such key technologies...
Commerce Department Proposes Reporting Requirements for Certain Artificial Intelligence Models and Computing Clusters | JD Supra
In a notice published on September 9, 2024, announcing a proposed rule and request for comment (“Proposed Rule”), the U.S. Department of Commerce called for new reporting requirements for the development of certain advanced artificial intelligence (“AI”) dual-use foundation models and computing clusters used to train such AI models.
Biden Administration Finalizes Section 301 Tariff Increases on Some Chinese Goods, Announces Proposed Rules to Limit De minimis Exemption Imports | JD Supra
On Friday, September 13, 2024, the Office of the United States Trade Representative (“USTR”) announced its final modifications to the Section 301 tariffs on Chinese-origin goods. USTR will keep all of the proposed tariff increases, including higher tariffs on many categories of medical products. Most of these tariff increases are to take effect on September 27, 2024, but some increases will be deferred until January 1, 2025, or January 1, 2026.
Commerce Department Adopts Sweeping Changes in U.S. Export Controls | JD Supra
On September 6, the Bureau of Industry and Security (“BIS”) in the U.S. Commerce Department issued an interim final rule (“IFR”)[1] under the Export Administration Regulations (“EAR”) to add new export controls on semiconductor, quantum computing, and additive manufacturing items for national security and foreign policy reasons. The IFR’s effective date was September 6, 2024, subject to certain exceptions.
Biden Administration Again Expands Sanctions on Russia and Its Third Party Supporters | JD Supra
As Russia continues its war against Ukraine and Ukraine has itself recently opened a new front by capturing Russian territory in its Kursk region, the United States announced on August 23 its latest tranche of sanctions against entities and individuals, both in Russia and in a number of other countries across the Middle East, Europe and Asia (particularly in China).
New NPRM Augments Executive Order 14105 Affecting Outbound U.S. Investment into China | JD Supra
The U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (“NPRM”) to implement Executive Order 14105 (“EO 14105”) “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the “Outbound Order”). The NPRM builds on the Advance Notice of Proposed Rulemaking (“ANPRM”) issued by Treasury in August 2023. (See here for more information on the NPRM; see also our previous report on EO 14105 and the ANPRM here).
President Biden Will Keep Section 301 Tariffs and Increase Duty Rates Sharply on Certain Chinese-Origin Goods | JD Supra
May 16, 2024 Nelson Dong, Justin Huff, T. Augustine Lo, Dave Townsend, Lawrence Ward Dorsey & Whitney LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On May 14, 2024, the Biden Administration proposed to maintain the existing tariffs on Chinese-origin goods imposed by the Trump Administration under Section 301 of the Trade Act of 1974 (“Section 301”).
U.S. Piles on Array of New Sanctions Against Russian Military-Industrial and Financial Sectors | JD Supra
On February 23, building mainly upon the broad authority of Executive Order 14024 (“EO 14024”)[1] issued by President Joe Biden in 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, and the U.S. Department of Commerce Bureau of Industry and Security (“BIS”) targeted several hundred Russian entities and individuals in their latest expansion of U.S. economic sanctions and export controls triggered by the Russian invasion of...
Biden Administration Adds Sanctions Against Foreign Financial Institutions Supporting Russia’s Military-Industrial Base | JD Supra
As the February 2022 Russian invasion of neighboring Ukraine approaches its second anniversary and as Russia has increasingly turned to covert relationships with third country providers to avoid U.S., European Union and other global sanctions, the Biden Administration recently added new secondary sanctions to target foreign financial institutions (“FFI”) in third countries that participate in one or more “significant transactions” supporting Russia’s military-industrial sector.
Petition Seeks Antidumping and Countervailing Duties on Aluminum Extrusion Imports from Fifteen Countries | JD Supra
On October 4, 2023, U.S. interested parties filed a petition (“Petition”) seeking to impose antidumping (“AD”) and countervailing duties (“CVDs”) on imports of certain aluminum extrusions from China, Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, United Arab Emirates, and Vietnam (i.e., the “Fifteen Countries”).
Fundamental Research & National Security: Recent Developments & New Issues | JD Supra
September 7, 2023 Nelson Dong, Nicole Engisch, Alex Hontos, Justin Huff, Lawrence Ward Dorsey & Whitney LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: According to the National Center for Science and Engineering Statistics (“NCSES”), a key driver in the scientific and technological accomplishments of U.S. research universities is the volume of federal support for research and development (“R&D”).In FY 2021, the U.S....
Executive Order 14105 on Outbound Investment in China and Proposed Rule | JD Supra
August 16, 2023 Nelson Dong, Justin Huff, T. Augustine Lo, Lawrence Ward Dorsey & Whitney LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On August 9, President Biden issued Executive Order 14105 (“EO 14105”) on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern. EO 14105significantly reshapes U.S. outbound investment policy towards China.
Outbound Investment Screening Becomes a Reality | JD Supra
On August 9, after months of deliberations, President Biden issued a new Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the “EO”). Simultaneously, the Department of the Treasury issued a draft advance notice of proposed rulemaking (“ANPRM”) seeking public comment on the Executive Order’s implementing regulations.
DOJ Strike Force Allegations Highlight Diversion and Theft from U.S. Companies | JD Supra
The U.S. Department of Justice (“DOJ”) on May 16 announced criminal charges and arrests that highlight risks for companies from U.S. and non-U.S. networks and individuals that seek to unlawfully divert U.S. goods, services, software, technology, and trade secrets. In all of the cases, the allegations made public by the DOJ involve U.S. companies and the misuse or diversion of sensitive goods, non-public information, or financial services.
U.S. Treasury Department Takes Action Against Russian Darkmarket Entity as Latest Government Move Against Cybercrime | JD Supra
On April 5, the U.S. Treasury Department's Office of Foreign Assets Control (“OFAC”) in the U.S. Department of the Treasury named Genesis Market to OFAC’s Specially Designated Nationals List (“SDN List”).1 Genesis Market is considered one of the world’s largest “dark” marketplaces involved in the theft and illegal sale of device credentials and other stolen valuable confidential personal or business information.
Foreign-Owned U.S. Companies Must Soon Respond to Federal Survey | JD Supra
The International Investment and Trade in Services Survey Act ("IITSSA"), 22 USC § 3101 requires the Bureau of Economic Analysis1 (“BEA”) within the U.S. Department of Commerce to conduct a national survey of foreign direct investment in the United States every five years.
United States Imposes New 200% Tariffs on Russian Aluminum, Further Expands Sanctions on Russia, and Warns of New Third Country Sanctions | JD Supra
On February 24, the White House issued a proclamation1 (“Proclamation”) to impose 200% ad valorem tariffs on all primary aluminum smelted or cast in Russia and also on any goods made from such Russian-source primary aluminum. President Biden is adding these new tariffs under Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. § 1862), the same statute used by President Trump in 2018 when he placed a 10% ad valorem tariff on aluminum imported from most countries.
United States Continues Expansion of Export Control Sanctions on Chinese Companies | JD Supra
Ongoing tensions between the United States and China have resulted in an expansion of U.S. export controls and trade sanctions against China.
Congress, President Align on Powerful New U.S. Intellectual Property Protection Law | JD Supra
On January 5, 2023, President Biden ushered in the new year by signing into law the Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336.1 PAIPA was passed with considerable bipartisan support in both houses of Congress. The new law mandates the collection of certain data on international trade secret theft so the U.S. Government can issue annual unclassified public reports listing foreign individuals and entities who knowingly take or abuse U.S. trade secrets.
FCC Bars Imports of Telecommunications Equipment or Technology from Certain Chinese Producers | JD Supra
On November 25, 2022, the Federal Communications Commission (“FCC”) adopted new rules to block the importation of telecommunications equipment considered unacceptably hazardous to U.S. national security. These new FCC rules block the importation or sale in the United States of equipment made by several leading Chinese telecommunications equipment producers. This FCC action carries out the , which President Biden signed into law in November 2021 and which required the agency to take such steps.
Biden Administration Restricts U.S. Exports of Advanced Computing and Semiconductor Manufacturing Equipment, Software, and Technology to China | JD Supra
On October 7, 2022, the Biden Administration announced new restrictions on exports to China of advanced integrated circuits (“ICs”), computers and components containing advanced ICs, semiconductor manufacturing equipment, and related software and technology.
Key Takeaways From President Biden’s Executive Order 14083 on Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States (“CFIUS”) | Dorsey & Whitney LLP - JDSupra
On September 15, 2022, President Biden issued Executive Order 14083 (“EO 14083”) that the White House describes as a “first-ever presidential directive defining additional national security factors for CFIUS to consider in evaluating transactions.”Rumors of its publication have been circulating in Washington, D.C. for months, and for those that follow foreign investment activity in the United States, it is revealing any time the Executive Branch speaks publicly about CFIUS.
CFIUS Annual Report - A Banner Year for Filings and Inquiries to Parties of Non-Notified Transactions | JD Supra
The Committee on Foreign Investment in the United States (“CFIUS”) released its much-anticipated Calendar Year 2021 Annual Report that provides useful insights into how CFIUS operates, the types of transactions it is reviewing, and areas of continued focus. A copy of the report is available here. Below, we outline key findings that companies should understand as they plan future cross-border transactions. Overview of CFIUS.
U.S. Customs and Border Protection Releases Importer Guidance for Uyghur Forced Labor Prevention Act Implementation | JD Supra
June 21, 2022 Nelson Dong, T. Augustine Lo, Dave Townsend, Lawrence Ward Dorsey & Whitney LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On June 13, 2022, U.S. Customs and Border Protection (“CBP”) published its long-awaited operational guidance (“Guidance”) to importers to explain how CBP plans to implement the Uyghur Forced Labor Prevention Act (“UFLPA”) that becomes effective on June 21, 2022 [link].
U.S. Treasury Department Clarifies Previous Prohibitions on New Investments in Russian Equities & on Export of Trust, Accounting & Management Consulting Services to Russia | Dorsey & Whitney LLP - JDSupra
On June 6, 2022, the Office of Foreign Assets Control (“OFAC”) within the U.S. Department of the Treasury announced new Frequently Answered Questions (“FAQs”) that interpret several previous Executive Orders (“EOs”) issued by President Biden. One of those FAQs in particular effectively prohibits U.S. persons from making new purchases of any securities such as stocks or bonds issued by any Russian entity.
U.S. Bars Accounting, Trust and Corporate Formation, and Management Consulting Services and Adds Export Restrictions to Russia | JD Supra
The United States has announced yet another round of economic sanctions against Russia that builds on existing sanctions and extends them to new sectors of the Russian economy. The U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced the new sanctions on May 8, 2022.
United States Bans Russian-Affiliated Ships from Entering Any U.S. Port | JD Supra
On April 21, 2022, President Biden further expanded U.S. sanctions against Russia due to its invasion of Ukraine by issuing a new Presidential Proclamation 10371 [see here] (“Proclamation 10371”)[1] to bar all Russian-affiliated vessels from entering any U.S. port, effective as of 12:01 a.m., Eastern U.S. Time, on April 28, 2022, except for certain limited situations.
U.S. Government Sanctions Sberbank and Alfa Bank, Prohibits All New Investments in Russia, and Imposes New Export Restrictions against Russian Civil Aviation | Dorsey & Whitney LLP - JDSupra
On April 6, 2022, the U.S. Government announced its latest round of sanctions against the Russian Federation in coordination with the European Union (“EU”) and other allies. President Biden issued Executive Order 14071 (“EO 14071”) that broadly prohibits all new investments by U.S. persons in Russia.
U.S. Expands Russian Energy Sector Sanctions, Proposes Major Tariff Hikes on Nearly All Russian-Origin Goods & Imposes New Sanctions on Belarus | JD Supra
As part of its expanding sanctions against Russia, the Biden Administration on March 8, 2022, issued Executive Order 14066 (“EO 14066,” see here) to bar imports into the United States of Russian crude oil, petroleum; petroleum distillates, liquefied natural gas, coal or coal products. EO 14066 also prohibits any new investment by U.S. persons in the Russian energy sector.
FinCEN Urges Financial Institutions to Guard Against Attempts to Evade Sanctions | JD Supra
On March 7, 2022, the Financial Crimes Enforcement Network (“FinCEN”) issued an alert (the “FinCEN Alert”) urging financial institutions to proactively guard against possible attempts to evade recently implemented sanctions and other restrictions in connection with the Russian Federation’s invasion of Ukraine.1 This Dorsey eUpdate discusses the FinCEN Alert and outlines steps financial institutions can take to ensure compliance.
United States Imposes More Sanctions to Block Russian Access to U.S. Banking System and U.S. Goods, Technology or Software | JD Supra
On February 24, 25 and 28, the United States broadened its economic sanctions against Russia in response to its full-scale military invasion of Ukraine. As the Biden Administration had promised in recent weeks, in close cooperation with its major allies, the United States imposed further rounds of coordinated sanctions against the Russian Federation in reaction to this grave and violent expansion of hostilities. We summarize below some key provisions of these new U.S. sanctions.
U.S. and Allied Countries Impose Sanctions Targeting Russian Financial Sector and Ukraine Separatist-Territories | JD Supra
The Biden Administration and several allied countries announced on February 22 new economic sanctions on Russia and the separatist territories in Ukraine. In the United States, the sanctions target only certain Russian financial institutions and some of their foreign subsidiaries, Russian sovereign debt, certain Russian individuals, and certain Russian-flagged vessels.
U.S. Government Seeks Public Comments on Implementation of Xinjiang Regional Import Restrictions | JD Supra
On January 24, 2022, the U.S. Department of Homeland Security (“DHS”) published a notice in the Federal Register requesting public comments on the implementation of the new regional import restriction affecting goods from the Xinjiang Uyghur Autonomous Region (“Xinjiang”) of China that will take effect in June 2022. This notice was triggered by the recent passage of the Uyghur Forced Labor Prevention Act (“UFLPA”), Pub. L. 117-78, which we recently covered here.
President Biden Signs New Law Requiring U.S. Blockage of All Imports Made Wholly or Partly in Xinjiang, China | JD Supra
President Biden signed into law on December 23 legislation that will, for the first time, require U.S. Customs and Border Protection (“CBP”) to detain all imports that are made wholly or partly in the Xinjiang Uyghur Autonomous Region of China (“Xinjiang”) or by certain persons working with Xinjiang’s regional government.
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