Article Library Archives - Page 9 of 26

Sonora Lithium

December 8, 2022

By Brenda Cordova, Braumiller Law Group Mexico Legal Counsel

In November 2022, Mexican Foreign Secretary Marcelo Ebrard and U.S. Special Presidential Envoy John Kerry announced at COP27 in Sharm el-Sheikh important steps forward to address the climate crisis. Representatives from both countries, including the state governor from Sonora and his cabinet, continued discussing important topics which resulted in agreements related to cut emissions, increase investment, and the creation of clean energy.

Complying with BIS’s Advanced Computing and Semiconductor Manufacturing Rules – Knowledge, Due Diligence, and Technology Thresholds

December 8, 2022

By Harold Jackson, Associate Attorney, Braumiller Law Group

U.S. industries supplying Chinese facilities with products, equipment, software, and technology used in semiconductor development and production are subject to regulatory controls under the Export Administration Regulations (“EAR”).

The FDA is Cracking Down on Supplement Manufacturers

December 8, 2022

By: Victoria Holmes, Braumiller Law Group
Enter any of the more health-oriented grocery stores in the U.S., like Whole Foods, and you’ll see aisles upon aisles of supplements —everything from multivitamins to fish oil to protein powders.

Section 301 Update: Four-Year Review, Exclusions, Litigation, and the Future of China Tariffs

October 2, 2022

By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group

China Tariffs are here to stay – for now. The Biden Administration continues to defend the Trump-era tariffs on goods from China with little guidance as domestic inflation climbs steadily. Meanwhile, 2022 has been a busy year for the Office of the U.S. Trade Representative (“USTR”). The agency was instructed by the Court of International Trade to provide further written justification for the Section 301 Actions for Lists 3 and 4a in the wake of the agency’s obligatory four-year review of each tariff action.

Tuas Megaport in Singapore, An Upcoming Model to the World in Port Operations, and soon to be Light Years Ahead of the Globes Largest Ports

October 2, 2022

By: Bob Brewer, Braumiller Law Group
The Maritime Port Authority (MPA in Singapore) is currently in the process of building the Tuas Port, which will be the biggest port in the world with a capacity of 60 million TEU’s (twenty-foot equivalent units) once it is fully completed in 2040. PSA, the company taking the lead in the construction has implemented a four-phase process, with the first phase officially opening this September 2022, with three berths being operational.

OFAC Reissues Cyber-Related Sanctions Regulations

October 2, 2022

By: Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group

An inherent aspect of any new technology is that it doesn’t take long for bad actors to figure out how it can be weaponized for nefarious purposes. Cyber-related technologies represent an increasingly dangerous area of risk for everyone, whether they are individual citizens, business and infrastructure entities, or governments. Adversaries of the U.S., including China, Russia, and North Korea have engaged in acts of cyberespionage, often intended not only to cause actual harm, but also to test our ability to counter acts of malicious cyber-intrusion.

What is the CHIPS Act, and Will it Fix the Semiconductor Supply Chain Issues?

October 2, 2022

By: Craig McClure, Senior Trade Advisor, Braumiller Consulting Group

Unless you’ve been living on a lost island in the South Pacific, you are no doubt aware of the shortage of semiconductors. The shortage and supply chain issues have been highlighted in media reports that feature video images of parking lots and fields full of partially assembled automobiles at many U.S. auto manufacturing locations.

Antidumping Duties – Can I Obtain a Separate Lower Rate?

October 2, 2022

By: Paul Fudacz, Partner, Braumiller Law Group
In Antidumping (AD) investigations, the U.S. Department of Commerce (DOC) typically selects only a limited number of exporting entities for review, with these exporters referred to as “individual” or “named” respondents. Selection of these respondents is based on U.S. Customs and Border Protection Data, and in most cases due to limited DOC resources, will consist of only a few of the largest exporters. If the selected respondents cooperate fully with the government investigation, and can demonstrate fair export pricing, they can obtain an individual AD rate that is generally favorable, or possibly de minimis, resulting in a zero rate.

What Have They Done to the ITAR? – Revisions and Reorganization Underway

October 2, 2022

By: Bruce Leeds, Senior Counsel, Braumiller Law Group
Joe Compliance has an export control issue involving definition of some of the terms being used. Joe goes to the website of the Directorate of Defense Trade Controls (pmddtc.state.gov) and clicks on “Review the ITAR.” He opens Part 120 where the definitions are found.

The Semiconductor Industry in México

October 2, 2022

By: Brenda Cordova and Francisco de la Cruz, Of Counsel, Braumiller Law Group

According to the science of composition, a semiconductor is a material which, when subject to light, heat or a specific electrical voltage may be transformed into a conductor. Semiconductors are used to produce memory sticks, PC cards, smart cards, microchips, microprocessors, transistors, compact flash, start media, among many other items.

Can, and Should, the U.S. Government Develop a CBDC System?

October 2, 2022

By: James Holbein, Braumiller Law Group PLLC
In response to the Executive Order on Ensuring Responsible Development of Digital Assets issued on March 9, 2022, both the White House Office of Science and Technology Policy (OSTP) and the Treasury Department (Treasury) have recently issued reports analyzing the possible design and feasibility of creating a U.S. Central Bank Digital Currency (CBDC). The reports make clear that significant technical issues and major policy considerations need to be addressed for the U.S. to develop a CBDC. Both reports look at time frames in years, not weeks or months, for such a system.

Snapshot of Section 301 Litigation – Litigating the Adequacy of the USTR’s Rationale for List 3 and List 4a

October 2, 2022

By: Harold Jackson, Braumiller Law Group Associate
The legality of the Section 301 Actions for List 3 ($200 Billion Trade Action) and 4a ($300 Billion Trade Action) continues to be contentiously disputed before the Court of International Trade. The mass action, In re Section 301 Cases, No. 21-00052, encompasses claims of over 6,500 Plaintiffs that argue the Section 301 Duties, enacted under the Trade Act of 1974, are illegal.

China’s Economic Cost of Invading Taiwan

October 2, 2022

By: Victoria Holmes, Braumiller Law Group
China and Taiwan have been locked in a tussle for decades over who gets to call the island country home. China considers Taiwan a breakaway province, while Taiwan sees itself as a sovereign nation. The recent increase in tensions between China and Taiwan has many experts worried that Chinese forces may soon attempt to retake the mainland by force, but that won’t happen anytime soon. China would face a prolonged conflict on its doorstep that would worsen its already strained economic conditions.

Forced Labor Due Diligence – Supply Chain Tracing Requirements to Comply with UFLPA, Withhold Release Orders, and More

August 10, 2022

By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group

We can all agree that goods made from forced labor, indentured labor or child labor should not be introduced into the U.S. market. Indeed, U.S. law prohibits the entry of goods made from forced labor. The Uyghur Forced Labor Prevention Act (“UFLPA”) which went into effect as of June 21, 2022, expands on this prohibition by placing a ban on goods from the Xinjiang Uyghur Autonomous Region (“XUAR”) where ethnic minorities are being exploited or certain specified entities that are involved in using forced labor

Primer on Forced Labor Enforcement for U.S. Importers

August 10, 2022

By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group and Harold Jackson, Associate

This Primer provides introductory guidance to complying with U.S. forced labor laws for importers, and includes an introductory overview to forced labor laws, U.S. Customs and Border Protection’s (CBP) authority to enforce forced labor laws, outlines importer requirements under The Uyghur Forced Labor Prevention Act, describes the detention processes for imported goods made with forced labor, lists key recommended compliance actions for adhering to U.S. forced labor laws, and provides helpful resources for complying with U.S. forced labor laws.

Incursion and World Trade, Part 4: Are India and China Coming to Putin’s Rescue? The New Elephant in the Room

August 9, 2022

By: Bob Brewer, Braumiller Law Group

Calculations by top economists worldwide show that Russia is still accumulating about one billion dollars a day on oil and gas exports to fund the invasion. It does beg the question, who is buying the oil?

Is Your Company in Compliance with US Immigration Form I-129 EAR / ITAR Certification Requirements?

August 9, 2022

By: Paul Fudacz, Partner, Braumiller Law Group

Most companies that employ non-U.S. persons in the United States are familiar with visa requirements, including completing U.S. Citizenship and Immigration Services Form I-129 – Petition for a Nonimmigrant Worker. However, many are less familiar with the affirmative due diligence and certification requirements contained in Part 6 of the I-129.

DDTC is Open to Open General Licenses

August 9, 2022

By: Bruce Leeds, Senior Counsel, Braumiller Law Group

Some may be familiar with Open General Licenses (OGLs) used in the United Kingdom and some other countries. They allow export of dual-use, strategic and other controlled articles to specific destinations under certain conditions.

Evaluating the Efficacy of Sanctions on Russia

August 9, 2022

By: Michelle Schulz, Of Counsel Braumiller Law Group

Since the Kremlin’s February 24th invasion of Ukraine, western countries have put in place extensive global financial ramifications. To gauge the extent of effectiveness, one must decipher the numbers behind Russia’s deceiving published economic statistics. One staggering implication of the trade war with the west lies within the entire collapse of the GDP growth acquired in the post-Soviet era.

ImpactDAOs: Shaping the Future of Regenerative Organizations

August 9, 2022

By: Justin Holbein and James Holbein, Of Counsel, Braumiller Law Group

As Decentralized Autonomous Organizations (DAOs) have exploded into public consciousness, new types of DAOs are proliferating. A novel use case for DAOs, termed “ImpactDAOs”, are defined as “any DAO that creates net positive externalities to the ecosystem around it.” An ImpactDAO seeks to use web3 and crypto-economic principles to regenerate a system, increasing resources and sustainability over time.