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The Commerce Department has announced significant updates to its antidumping and countervailing duties (AD/CVD) regulations. In voluminous revisions to the proposed rule of May 2023, Commerce is revising some of its procedures, codifying certain areas of its practice, and enhancing certain areas of its methodologies and analyses to address price and cost distortions, as well as certain countervailable subsidies, in different capacities.

Rep.Mike Gallagher (R-WI) the 40 year old former Marine Intelligence officer with a PhD in international relations will leave the House of Representatives after the Easter Recess. Gallagher has found himself at odds with mainstream Republicans, angering his caucus last month by refusing to impeach Homeland Security Secretary Alejandro Mayorkas. When Gallagher steps down, the Republican majority will be  217-213, meaning that Speaker Mike Johnson can only afford to lose one vote in order to pass legislation if Democrats remain united in opposition.

Nothwithstanding a doubled caseload, antiquated systems, and flat budget for the past ten years, the Commerce Department's Bureau of Industry and Security (BIS) has been keeping pace, Undersecretary for Industry and Security Alan Estevez told a congressional panel Wednesday. "BIS has been asked to do more in an era of strategic competition where economic statecraft is increasingly central to U.S. interests and strategy. We have risen to every challenge that we have been asked to take on."

The Commerce Department’s Bureau of Industry and Security (BIS) released a final rule to impose additional restrictions under the Export Administration Regulations (EAR) on persons identified under fourteen sanctions programs, on the List of Specially Designated Nationals and Blocked Persons (SDN List) maintained by the Department of the Treasury’s Office of Foreign Assets Control (OFAC). “Today’s action will further our already strong coordination with the Treasury Department to prevent foreign actors from obtaining the items and financing they seek to conduct activities that threaten U.S. national security and foreign policy interests,” said Under Secretary of Commerce for Industry and Security Alan Estevez.

Washington, D.C.  – Today, House Foreign Affairs Committee Chairman Michael McCaul (R-TX), Ranking Member Gregory W. Meeks (D-NY), Subcommittee on the Indo-Pacific Chairwoman Young Kim …

Despite a board of directors rich with boldfaced Washington names, Lexmark parent Ninestar corporation appears unlikely to break free of its designation as an employer of modern slavery under the Uyghur Forced Labor Protection Act. Last week Judge Gary Katzmann denied Ninestar’s Motion for Preliminary Injunction staying the Listing Decision.  

A federal grand jury indicted a Chinese national, charging him with four counts of theft of trade secrets in connection with an alleged plan to steal from Google LLC (Google) proprietary information related to artificial intelligence (AI) technology. According to the indictment, returned on March 5, Linwei Ding, aka Leon Ding, 38, a national of the People’s Republic of China and resident of Newark, California, transferred sensitive Google trade secrets and other confidential information from Google’s network to his personal account while secretly affiliating himself with PRC-based companies in the AI industry. Ding was arrested March 6th.

The Departments of Justice, Commerce, and Treasury’s Office of Foreign Assets Control, have issued a Tri-Seal Compliance Note: Obligations of foreign-based persons to comply with U.S. sanctions and export control laws. The Note highlights the applicability of U.S. sanctions and export control laws to persons and entities located abroad, as well as the enforcement mechanisms that are available for the U.S. government to hold non-U.S. persons accountable for violations of such laws, including criminal prosecution.

The Boeing Company will make three $9 million payments to the government to settle a pattern of material violations of export control law, including unauthorized exports of USML controlled technical data, unauthorized exports of defense articles, and Unauthorized Exports Resulting from Fabricated Permanent Export Licenses. The company agreed to name a Designated Official to head a review of the firms compliance and to spend at least $24 million on consultants, auditors and training.

Citing the Chinese government's broad authority to access and control the "vast amounts of data" generated by by chinese vehicles and components, the US Department of Commerce is preparing rules to bar trading with Chinese Automakers and suppliers of advanced componentry.  Commerce has issued an advance notice of proposed rulemaking (ANPRM) seeking public comment to inform the potential development of regulations to secure and safeguard the Information and Communications Technology and Services (ICTS) supply chain for connected vehicles (CVs).  

Joining British and European allies, the US imposed a further raft of sanctions on Russia and her enablers. Treasury’s Office of Foreign Assets Control (OFAC) is sanctioning almost 300 individuals and entities. This is the largest number of sanctions imposed since Russia’s 2022 invasion of Ukraine. State is designating three Government of Russia officials in connection with Aleksey Navalny’s death; together, Treasury and State are sanctioning over 500 targets. The Department of Commerce is also adding more than 90 companies to the Entity List.

The White house announced initiatives to improve the cyber security of the US Port infrastructire, with enhanced authorities for the Coast Guard to inspect vessels and write minimum cybersecurity rules.   Additionally, the administration will invest over $20 billion to subsidize the manufacture of cranes in the US and Korea, to reduce a dependance on Chinese supply. There are no plans to replace the over 200 Chinese cranes already in place.

Nearly $500,000 of forfeited proceeds of an illicit machine tool sale to Russian buyers will be used to support a drone-based program to assess the damage Russian aggression has done to Ukraine’s electrical distribution and transmission infrastructure. Deputy Attorney General Lisa Monaco and Estonian Secretary General Tõnis Saar announced  the transfer at the Munich Security Conference Saturday Feb 17.

Volkswagen said Tuesday that  U.S. Customs had detained several thousand Bentley, Porsche and Audi vehicles at ports because the cars contained a part made by a Chinese supplier on a sanctions list for using forced labor in Xinjiang. The automaker describes the part's origin as a "sub-supplier," meaning a supplier to one of its suppliers—an entity far down the supply chain. Last year VW committed to conducting a supply chain audit for exposure to modern slavery.

Rep. Mike Gallagher, the most strident anti-communist to come out of Wisconsin's Fox River Valley since Sen. Joseph McCarthy, has had enough of the House of Representatives.    Mr. Gallagher told the Milwaukee Journal Sentinel he will leave Congress at the end of his current term to enter the private sector and spend more time with his young family.  

Treasury’s Office of Foreign Assets Control (OFAC) has taken its second price cap enforcement action of 2024, imposing sanctions on four entities and identifying one vessel as blocked property. OFAC is also issuing two new determinations that implement G7 commitments to ban the importation of Russian diamonds.

The Commerce Department published a notice of proposed rulemaking (NPRM) for establishing new requirements for Infrastructure as a Service providers (IaaS or “cloud infrastructure providers”). The proposed rule introduces potential regulations that require U.S. cloud infrastructure providers and their foreign resellers to implement and maintain Customer Identification Programs (CIPs), which would include the collection of “Know Your Customer” (KYC) information.

Six U.S. Departments published a Supplemental Advisory, reminding businesses and individuals of the compliance and reputational risks associated with trading with the military regime in Rangoon.   While North American companies continue to engage in Burmese extractive industries, the growing ring of sanctions means firms in the Rare Earths, Timber and Precious Metals trade run an increasing risk of negative legal, financial, or reputational consequences.

The Commerce Department’s Bureau of Industry and Security (BIS) has expanded the scope of the EAR’s Russian and Belarusian Industry Sector Sanctions by adding 95 6-digit Harmonized Tariff Schedule (HTS) codes to the list of items requiring a license for export, reexport, or transfer (in-country) to Russia or Belarus. The expanded list of items includes certain chemicals, lubricants, and metals, and it covers the entirety of Chapter 88 of the HTS (aircraft, spacecraft, and parts thereof).

The facilitator of the World Trade Organization's dispute settlement reform, Marco Tulio Molina Tejeda, circulated the fourth draft of the confidential ministerial decision, our correspondent writes. This draft remains silent on the appeal/review mechanism and the restoration of the Appellate Body. It introduces terms like “adjudicators,” absent in the current dispute settlement understanding, according to sources.

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