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Articles by Ronald A. Oleynik
Wave Of New CIT Lawsuits Filed To Preserve Rights To IEEPA Tariff Refunds
Ashley Akers’s articles from Holland & Knight are most popular: within International Law topic(s) in United States with readers working within the Metals & Mining, Oil & Gas and Retail & Leisure industries With the U.S. Supreme Court set to determine whether the International Emergency Economic Powers Act (IEEPA) authorizes the tariffs at issue in a pair of ongoing cases, importers are filing protective U.S. Court of International Trade (CIT) actions to ensure they do not lose refund rights...
Do You Want To Have Your Say In The USMCA?
HK Holland & Knight More Holland & Knight is a global law firm with nearly 2,000 lawyers in offices throughout the world. Our attorneys provide representation in litigation, business, real estate, healthcare and governmental law. Interdisciplinary practice groups and industry-based teams provide clients with access to attorneys throughout the firm, regardless of location.
Reciprocal Tariff Update: State Of Bilateral Negotiations
As the Aug. 1, 2025, end date for President Donald Trump's most recent suspension of country-specific reciprocal tariffs approaches, stakeholders should consider where ongoing bilateral negotiations stand, what the potential outcomes may be and how the shifting trade and tariff dynamics could impact their supply chains and businesses.
Reciprocal Tariff Update: State of Bilateral Negotiations | JD Supra
As the Aug. 1, 2025, end date for President Donald Trump's most recent suspension of country-specific reciprocal tariffs approaches, stakeholders should consider where ongoing bilateral negotiations stand, what the potential outcomes may be and how the shifting trade and tariff dynamics could impact their supply chains and businesses.
Executive Order Terminates Syria Sanctions, Directs Actions To Remove Other Trade Restrictions
HK Holland & Knight More Holland & Knight is a global law firm with nearly 2,000 lawyers in offices throughout the world. Our attorneys provide representation in litigation, business, real estate, healthcare and governmental law. Interdisciplinary practice groups and industry-based teams provide clients with access to attorneys throughout the firm, regardless of location.
Status Of U.S. Bilateral Trade Negotiations As The July 9 Deadline Approaches
HK Holland & Knight More Holland & Knight is a global law firm with nearly 2,000 lawyers in offices throughout the world. Our attorneys provide representation in litigation, business, real estate, healthcare and governmental law. Interdisciplinary practice groups and industry-based teams provide clients with access to attorneys throughout the firm, regardless of location.
Trump Administration Provides Significant Sanctions Relief To Syria
HK Holland & Knight More Holland & Knight is a global law firm with nearly 2,000 lawyers in offices throughout the world. Our attorneys provide representation in litigation, business, real estate, healthcare and governmental law. Interdisciplinary practice groups and industry-based teams provide clients with access to attorneys throughout the firm, regardless of location.
China's Comprehensive Retaliation Against U.S. Tariffs
HK Holland & Knight More Holland & Knight is a global law firm with nearly 2,000 lawyers in offices throughout the world. Our attorneys provide representation in litigation, business, real estate, healthcare and governmental law. Interdisciplinary practice groups and industry-based teams provide clients with access to attorneys throughout the firm, regardless of location.
U.S. Proposes Port Fees On Chinese-Built Ships And Operators To Counter China's Shipping Dominance
The U.S. Trade Representative (USTR) has proposed new fees on vessels operated by Chinese ship operators or built in China calling on U.S. ports as a means to counter China's dominance in the maritime sector and bolster U.S. shipping interests. The new proposal includes a $1 million per U.S. port call fee on Chinese vessel operators and a $1.5 million fee per U.S. port call for Chinese-built vessels.
U.S. Proposes Port Fees on Chinese-Built Ships and Operators to Counter China's Shipping Dominance | JD Supra
The U.S. Trade Representative (USTR) has proposed new fees on vessels operated by Chinese ship operators or built in China calling on U.S. ports as a means to counter China's dominance in the maritime sector and bolster U.S. shipping interests. The new proposal includes a $1 million per U.S. port call fee on Chinese vessel operators and a $1.5 million fee per U.S. port call for Chinese-built vessels.
U.S. Proposes Port Fees on Chinese-Built Ships and Operators to Counter China's Shipping Dominance
Highlights The U.S. Trade Representative (USTR) has proposed new fees on vessels operated by Chinese ship operators or built in China calling on U.S. ports as a means to counter China's dominance in the maritime sector and bolster U.S. shipping interests. The new proposal includes a $1 million per U.S. port call fee on Chinese vessel operators and a $1.5 million fee per U.S. port call for Chinese-built vessels.
President Trump Issues Executive Order To Halt FCPA Enforcement
President Donald Trump signed an executive order (EO) pausing all future investigations and enforcement actions under the Foreign Corrupt Practices Act (FCPA) for at least 180 days, along with directing the U.S. attorney general (AG) to 1) resolve existing FCPA investigations or enforcement matters, taking into account the current administration's foreign policy objectives, and 2) issue updated FCPA guidelines or policies.
President Trump Issues Executive Order to Halt FCPA Enforcement
Highlights President Donald Trump signed an executive order (EO) pausing all future investigations and enforcement actions under the Foreign Corrupt Practices Act (FCPA) for at least 180 days, along with directing the U.S. attorney general (AG) to 1) resolve existing FCPA investigations or enforcement matters, taking into account the current administration's foreign policy objectives, and 2) issue updated FCPA guidelines or policies.
Trump Administration Issues Section 232 Tariffs On Steel And Aluminum: U.S. Considerations
President Donald Trump announced sweeping global 25 percent tariffs on steel and aluminum, effective March 12, 2025. Under the announcement, previously negotiated country-specific exemptions and quota arrangements are revoked, and the announcement does not allow product exclusions at this time. The announcement creates the beginning of a pathway to allow U.S. companies and industry groups to request the inclusion of additional derivative products under these tariffs.
Trump Plans To Create A U.S. Sovereign Wealth Fund And Suggests Potential TikTok Acquisition
President Donald Trump has signed an executive order directing the U.S. Department of the Treasury and Department of Commerce to compile a plan for the creation of the first U.S. Sovereign Wealth Fund (SWF), aiming to reshape the country's economic strategy. Separately, President Trump indicated that a SWF may be used to acquire TikTok, which raises significant trade compliance and national security concerns, particularly regarding foreign investment screening and ongoing U.S.-China tensions.
CBP Proposes To Modify The De Minimis Exemption
U.S. Customs and Border Protection (CBP), in a Notice of Proposed Rulemaking published on Jan. 21, 2025 (Jan. 21 NPRM), proposes to exclude certain low-value shipments, currently imported duty- and tax-free, from the de minimis exemption. If the Jan. 21 NPRM becomes a final rule, shipments valued at $800 or less and covered by Section 201, Section 232 or Section 301 tariffs will be unable to utilize the de minimis exemption and be subject to all applicable duties and fees.
Trump Threatens Retaliatory Measures vs. Latin American Countries Refusing Repatriation Flights
The Trump Administration has begun efforts to repatriate migrants to various Latin American countries, including Mexico, Guatemala, Brazil and Colombia. Certain Latin American leaders initially threatened to reject the repatriation flights in addition to condemning the practice.
CBP Proposes to Modify the De Minimis Exemption | JD Supra
U.S. Customs and Border Protection (CBP), in a Notice of Proposed Rulemaking published on Jan. 21, 2025 (Jan. 21 NPRM), proposes to exclude certain low-value shipments, currently imported duty- and tax-free, from the de minimis exemption. If the Jan. 21 NPRM becomes a final rule, shipments valued at $800 or less and covered by Section 201, Section 232 or Section 301 tariffs will be unable to utilize the de minimis exemption and be subject to all applicable duties and fees.
New Antidumping And Countervailing Duty Investigations May Impact Imported Lithium-Ion Batteries
The American Active Anode Material Producers filed antidumping and countervailing duty petitions on Dec. 18, 2024, with the U.S. Department of Commerce and International Trade Commission to address alleged unfair imports of active anode material from China, with claimed dumping margins of 828 percent and 921 percent.
New Antidumping and Countervailing Duty Investigations May Impact Imported Lithium-Ion Batteries | JD Supra
January 16, 2025 To embed, copy and paste the code into your website or blog: The American Active Anode Material Producers filed antidumping and countervailing duty petitions on Dec. 18, 2024, with the U.S. Department of Commerce and International Trade Commission to address alleged unfair imports of active anode material from China, with claimed dumping margins of 828 percent and 921 percent.
Continuing Trend: Section 301 Machinery Exclusion | JD Supra
Companies interested in importing machinery from China for domestic manufacturing still have the opportunity to submit an exclusion request by March 31, 2025. The Section 301 exclusion process gives U.S. companies an opportunity to import machinery used in domestic manufacturing from China free of Section 301 duties. So far, 185 requests have been filed, with decisions still pending. Exclusions granted will be effective upon publication in the Federal Register and valid through May 31, 2025.
U.S. Government Plans To Restrict Low-Value Imports Under De Minimis Exemption
HK Holland & Knight More Holland & Knight is a global law firm with nearly 2,000 lawyers in offices throughout the world. Our attorneys provide representation in litigation, business, real estate, healthcare and governmental law. Interdisciplinary practice groups and industry-based teams provide clients with access to attorneys throughout the firm, regardless of location.
USTR Finalizes Action On New And Increased Section 301 Tariffs
Highlights The Office of the United States Trade Representative (USTR) largely adopted proposed modifications announced in May 2024 (with the exception of face masks, medical gloves, ship-to-shore cranes, and syringes and needles where there were different rates, implementation dates and/or availability of exclusions).
U.S. Government Plans to Restrict Low-Value Imports Under De Minimis Exemption
Highlights The Biden Administration intends to propose new regulations that would exclude all shipments containing products covered by Section 301, Section 201 or Section 232 trade enforcement actions from the de minimis exemption and strengthen information collection requirements to promote greater visibility into de minimis shipments.
USTR Finalizes Action on New and Increased Section 301 Tariffs | JD Supra
The Office of the United States Trade Representative (USTR) largely adopted proposed modifications announced in May 2024 (with the exception of face masks, medical gloves, ship-to-shore cranes, and syringes and needles where there were different rates, implementation dates and/or availability of exclusions).
Major Export Controls Revisions And The AUKUS Trilateral Security Partnership
Following its determination that the United Kingdom and Australia have aligned their export control regimes with the regime in the U.S., the U.S. Department of State has recently issued a new Interim Final Rule that will authorize exports of most International Traffic in Arms Regulations (ITAR)-controlled items from the U.S. to the U.K. and Australia.
Major Export Controls Revisions and the AUKUS Trilateral Security Partnership
Highlights Following its determination that the United Kingdom and Australia have aligned their export control regimes with the regime in the U.S., the U.S. Department of State has recently issued a new Interim Final Rule that will authorize exports of most International Traffic in Arms Regulations (ITAR)-controlled items from the U.S. to the U.K. and Australia.
OFAC Amends Regulations To Support Cuban People, Independent Private-Sector Entrepreneurs
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations (CACR), 31 CFR Part 515, to promote internet freedom in Cuba, support independent Cuban private-sector entrepreneurs and expand the Cuban people's access to certain financial services. These amendments became effective as of May 29, 2024, when they were published in the Federal Register.
Biden Administration Announces Completion Of China Section 301 Review And New Tariffs
The Biden Administration announced the completion of a review by the Office of the United States Trade Representative of China's trade practices under Section 301 of the Trade Act of 1974, the culmination of a process that has taken two years. The announcement includes plans to maintain current tariffs on Chinese imports and to increase tariffs on a range of Chinese products, including electric vehicles, solar cells and medical products.
Biden Administration Announces Completion of China Section 301 Review and New Tariffs | JD Supra
The Biden Administration announced the completion of a review by the Office of the United States Trade Representative of China's trade practices under Section 301 of the Trade Act of 1974, the culmination of a process that has taken two years. The announcement includes plans to maintain current tariffs on Chinese imports and to increase tariffs on a range of Chinese products, including electric vehicles, solar cells and medical products.
Treasury Department Issues Proposed Rule To Enhance CFIUS Procedures, Enforcement Authorities
In the first update since the enactment of FIRRMA, the U.S. Treasury Department proposed an increase of maximum penalties from $250,000 to $5 million per violation. Although the proposed rule does not expand the scope of transactions subject to CFIUS jurisdiction or filing requirements, it includes several changes that will enhance CFIUS' identification and resolution of national security risks.
OFAC Revokes General License 44 Related To Venezuela's Oil And Gas Sector
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) issued General License 44A (GL 44A) on April 17, 2024, replacing and superseding General License 44 (GL 44), which authorized certain transactions related to oil or gas sector operations in Venezuela, including transactions involving Petróleos de Venezuela S.A. (PDVSA).
New Tri-Seal Compliance Note Issued To Non-U.S. Persons
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), U.S. Department of Commerce's Bureau of Industry and Security (BIS) and U.S. Department of Justice (DOJ) issued a Tri-Seal Compliance Note (Compliance Note) outlining the obligations of non-U.S. persons to comply with U.S. sanctions and export control laws.
Tri-Seal Compliance Note Issued On Export Controls, Sanctions Violations Self-Disclosures
Highlights The U.S. Department of Justice (DOJ), Department of Commerce's Bureau of Industry and Security (BIS) and Department of the Treasury's Office of Foreign Assets Control (OFAC) in late July issued a Tri-Seal Compliance Note (Compliance Note) outlining policy memoranda and regulations on voluntary self-disclosures for violations of sanctions, export controls and other national security laws.
Tri-Seal Compliance Note Issued on Export Controls, Sanctions Violations Self-Disclosures | JD Supra
August 2, 2023 Libby Bloxom, Jonathan Epstein, Ronald Oleynik Holland & Knight LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: [co-author: Hailey H.
United States Imposes Expanded Sanctions and Export Controls on Russia
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Highlights The United States, in coordination with the G7, on May 19, 2023, rolled out broad new sanctions and export restrictions on Russia and Belarus. These additional restrictions are designed to further restrict Russia's ability to source the necessary goods and technology needed for the Russian war effort.
By Jonathan Epstein Verified, Robert Friedman, Ronald A. Oleynik, Antonia Tzinova, Andrew McAllister
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OFAC Updates U.S. Oil Price Cap Policy Against Russia | JD Supra
As an update to an earlier Holland & Knight alert on the same topic, the U.S. Department of the Treasury Office of Foreign Asset Control (OFAC) has published another determination pursuant to Executive Order 14071 expanding "petroleum products" of Russian Federation origin (Russian petroleum products) to the original prohibitions placed on U.S. persons from providing certain services related to the maritime transportation of crude oil of Russian Federation origin (Russian oil) that exceed a...
OFAC Updates U.S. Oil Price Cap Policy Against Russia
Highlights The U.S. Department of the Treasury Office of Foreign Asset Control (OFAC) has published a determination expanding its Russian oil price cap rule to include Russian petroleum products along with related general licenses and compliance guidance, all of which directly impact a wide range of the maritime sector to include trading/commodities brokering, financing, shipping, protection and indemnity (P&I) insurance, as well as reinsurance, flagging and customs brokering.
Nearshoring Opportunities in Mexico Appeal to U.S., Chinese and Other Asian Companies | JD Supra
Nearshoring is now clearly on the agenda of North American leaders, due in part because of supply chain disruptions derived from COVID-19, the United States' trade tensions with China1 and Russia's invasion of Ukraine. Whether for those reasons alone together or combined with other trends, investments mostly from the U.S. and Asian countries are pouring into Latin America.2 Nearshoring is not for everybody.
OFAC Increases Civil Monetary Penalties for 2023 | JD Supra
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) is increasing each civil monetary penalty within its jurisdiction for 2023 by 7.7 percent. The increases came into effect on Jan. 13, 2023.1 Note that the 2023 adjustments will apply to any civil penalties assessed after the effective date, including those whose associated violation occurred prior to Jan. 13, 2023.
OFAC Increases Civil Monetary Penalties for 2023
The U.S. Department of Treasury's Office of Foreign Assets Control (OFAC) is increasing each civil monetary penalty within its jurisdiction for 2023 by 7.7 percent. The increases came into effect on Jan. 13, 2023.[1] Note that the 2023 adjustments will apply to any civil penalties assessed after the effective date, including those whose associated violation occurred prior to Jan. 13, 2023.
Restraining The Kraken: Another Crypto Company Under OFAC Scrutiny
Highlights The U.S. Department of the Treasury's Office of Foreign Asset Control (OFAC) on Nov. 28, 2022, announced a more than $362,000 settlement with cryptocurrency exchange Kraken for violations of the Iranian Transactions and Sanctions Regulations. Additionally, Kraken will invest $100,000 in compliance programs.
Restraining the Kraken: Another Crypto Company Under OFAC Scrutiny | JD Supra
The U.S. Department of the Treasury's Office of Foreign Asset Control (OFAC) on Nov. 28, 2022, announced a more than $362,000 settlement with Payward Inc. d/b/a Kraken (Kraken), a Delaware-incorporated company that offers cryptocurrency exchange. The settlement resolves 826 transactions with persons with an internet protocol (IP) address in Iran. This latest sanction is a continuing focal point for OFAC enforcement action.
OFAC Places Price Cap On Maritime Services Related To Russian Oil
Highlights The U.S. Department of the Treasury Office of Foreign Asset Control (OFAC) has published its much-anticipated Russian oil price cap rule along with related general licenses and compliance guidance, all of which directly impact a wide range of the maritime sector to include trading/commodities brokering, financing, shipping, protection and indemnity (P&I) insurance and reinsurance, flagging and customs brokering.
OFAC Places Price Cap on Maritime Services Related to Russian Oil | JD Supra
December 1, 2022 Sergio Fontanez, Ronald Oleynik, Sean Pribyl Holland & Knight LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Highlights The U.S. Department of the Treasury Office of Foreign Asset Control (OFAC) has published its much-anticipated Russian oil price cap rule along with related general licenses and compliance guidance, all of which directly impact a wide range of the maritime sector to include...
OFAC Provides Relief for Certain Aviation and Maritime Vessels | JD Supra
The U.S. Department of the Treasury's Office of Foreign Asset Control (OFAC) recently issued two general licenses related to aviation and maritime safety. General License 40C OFAC issued Russia-related General License 40C (GL 40C), Civil Aviation Safety, on Nov. 14, 2022.
Crypto Company Comes Under OFAC Scrutiny | JD Supra
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) on Oct. 11, 2022, announced a more than $24.28 million settlement with Bittrex Inc. (Bittrex), a Bellevue, Washington-based company that offers cryptocurrency exchange.
CFIUS 2021 Annual Report: Considerations for Businesses | JD Supra
The U.S. Department of the Treasury, in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), released the public version of its Annual Report to Congress for Calendar Year 2021 (Annual Report) on Aug. 2, 2022.
UFLPA Comes Into Effect; Task Force Publishes Its Enforcement Strategy - International Trade & Investment - United States
Highlights The Forced Labor Enforcement Taskforce (FLETF) published the strategy required pursuant to the Uyghur Forced Labor Prevention Act (UFLPA), outlining how FLETF intends to enforce forced labor prohibitions. The strategy provides further guidance to importers, industry associations and other affected stakeholders on enforcement of the UFLPA, which went into effect on June 21, 2022.
5 Key Takeaways From The 2022 Inaugural CFIUS Conference
Highlights The Committee on Foreign Investment in the United States (CFIUS) hosted its Inaugural Conference on June 16, 2022. The event was a first of its kind and offered a rare glimpse inside the Committee's investment review process and key areas of current national security concerns, as well as a preview of CFIUS enforcement priorities.
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