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China

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On March 11, 2021, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice [Docket Number USTR–2021–0001; Dispute Number DS597] requesting comments on Hong Kong, China’s request for the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement) [WTO Document WT/DS597/5]. USTR invites written comments concerning the issues raised in this dispute. All submissions must be in English and sent electronically…

[The first paragraph has been updated from an earlier blog to reflect the publication of this notice in the Federal Register.] On March 10, 2021, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice (that was previously posted on the USTR website) that announces the USTR’s determination to further extend exclusions from the sec. 301 tariffs for 99 medical-care and similar products needed to address the COVID-19 pandemic.…

On March 5, 2021, the Office of the United States Trade Representative (USTR) posted on its website an advance copy of a notice to be published in the Federal Register that announces the USTR’s determination to further extend exclusions from the sec. 301 tariffs for 99 medical-care and similar products needed to address the COVID-19 pandemic. Those extensions were published in the Federal Register on December 29, 2020 (See 85 FR 85831) The new extensions…

Baker McKenzie’s Global Supply Chain Compliance Blog recently published a post entitled, “UK, US and Canadian Governments Announce New Measures Over Alleged Xinjiang, China Human Rights Concerns”.  The new blog post can be found here.  The post outlines recent measures introduced by the governments of the United Kingdom, the United States, and Canada in response to the alleged human rights violations taking place in Xinjian, China.  The new measures implemented by these governments include enhanced due diligence requirements…

On January 15, 2021, the Commerce Department’s Bureau of Industry and Security (BIS) published an interim final rule (“Rule”) amending various provisions of the Export Administration Regulations (EAR) to implement certain provisions of the Export Control Reform Act of 2018 (ECRA).  Among other things further outlined below, the Rule imposes new restrictions on specific activities of US persons. By way of brief background, the EAR generally controls transactions involving US origin items (i.e., goods, software, technology) regardless of whether…

On January 27, 2021, the US Treasury Department’s Office of Foreign Assets Control (OFAC) issued General License 1A, “Authorizing Transactions Involving Securities of Certain Communist Chinese Military Companies,” (“GL 1A”) in relation to OFAC’s Communist Chinese Military Companies (“CCMCs”) sanctions program as implemented pursuant to Executive Order 13959 (“EO 13959”) and amended by Executive Order 13974. OFAC concurrently published frequently asked questions (FAQs) 878 and 879, which clarify OFAC’s previous guidance on subsidiary entities with names that “closely match”…

Between 28 January and 2 February 2021, the president of Ukraine enacted three decisions of the National Security and Defense Council of Ukraine: Presidential Decree No. 29/2021 dated 28 January 2021 “On the Decision of the National Security and Defense Council of Ukraine dated 28 January 2021 “On Amending the Decision of the National Security and Defense Council of Ukraine dated 14 December 2020 enacted by Presidential Decree No. 564-27т dated 14 December 2020,”” effective from…

On January 15, 2021, the Office of Foreign Assets Control (OFAC) published in the Federal Register a final rule adding regulations (31 C.F.R. Part 585) to implement Executive Order (E.O.) 13936 of July 14, 2020. OFAC intends to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, general licenses, and statements of licensing policy. In E.O. 13936, the President determined that, pursuant to section 202 of…

On January 19, 2021, the Commerce Department published an interim final rule to implement President Trump’s 2019 Executive Order 13873 on “Securing the Information and Communications Technology and Services Supply Chain” (“Interim Rule”). The Interim Rule was issued following the closure of the public comment period on January 10, 2021 on the proposed rules issued on November 27, 2019 (“Proposed Rules”) to implement Executive Order 13873. For more information on Executive Order 13873 and the Proposed Rules, please see our blog…

On December 17, 2020, the US Department of Energy (DOE) issued a “Prohibition Order Securing Critical Defense Facilities“ (the “Prohibition Order”) pursuant to authority granted to the Secretary of Energy by Executive Order 13920 (the “BPS EO“). As of January 16, 2021, the Prohibition Order prohibits certain electric utilities that serve certain defense facilities from acquiring, importing, transferring, or installing identified bulk-power system (“BPS”) equipment and related software produced or supplied by entities subject to…