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Alison J. Stafford Powell

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President signs Executive Order prohibiting US Persons from purchasing securities of certain Chinese companies

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On November 12, 2020, President Trump signed Executive Order 13959, “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies” (the “China Securities EO”), which aims to prevent US investors from financing the development of the People’s Republic of China’s military, intelligence, and security capabilities by prohibiting purchases of securities of certain “Communist Chinese military companies.” This development builds on US Government concerns over China’s civil/military fusion and access to US capital markets and financing.…

US Government suspends private charter flights between the United States and Cuba

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On August 13, 2020, US Secretary of State Mike Pompeo issued a statement requesting that the US Department of Transportation (DOT) suspend private charter flights to all Cuban airports. This action will suspend all charter flights between the United States and Cuba over which the DOT exercises jurisdiction, except for authorized public charter flights to and from Havana and other private charter flights authorized for limited purposes. Secretary Pompeo’s statement cites the Administration’s intent to deny economic resources to…

US suspends EAR license exceptions and halts defense exports for Hong Kong, imposes visa restrictions in response to China’s new National Security Law for Hong Kong

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The US Administration has taken a series of actions in recent days to tighten US export controls for Hong Kong and to sanction Chinese government officials in response to the decision of the Chinese Communist Party (CCP) to impose a new national security law for Hong Kong. Most significantly, these actions put Hong Kong on a par with China with respect to license exception eligibility under the US Export Administration Regulations (EAR) by suspending all EAR…

US Administration announces intention to take steps to end Hong Kong’s special status under US law based on determination that Hong Kong is no longer “sufficiently autonomous”

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On May 29, 2020, the president announced in a White House press conference the Administration’s determination that Hong Kong is no longer sufficiently autonomous from the People’s Republic of China (“PRC”), and that the US Government would take “strong and meaningful” steps to “begin the process” of reviewing and revoking the “full range of agreements” that currently provide Hong Kong with preferential treatment. This determination follows Secretary of State Michael Pompeo’s certification to Congress on May 27, 2020 that…

Just launched! COVID-19 PIER Product Import/Export Review Tool

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We are pleased to announce the launch of Baker McKenzie’s COVID-19 Product Import/Export Review (“COVID-19 PIER”) tool. This tool is a multijurisdictional tracker that provides information on import and export measures imposed around the world in response to the COVID-19 pandemic. New jurisdictions will be added as we continuously update the information in the tool. The past few months have seen an exponential increase in the demand for personal protective equipment (“PPE”), medical supplies, and other…