Archive

CBDC Central Bank Digital Currency

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

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.

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Section 301 Actions

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

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.

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China invading taiwan

 China’s Economic Cost of Invading Taiwan

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.

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Uyghur Forced Labor Prevention Act

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

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

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Primer on Forced Labor Enforcement

Primer on Forced Labor Enforcement for U.S. Importers

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.

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us china relations

Relations Between the U.S. and China In One Word, Dismal Is a Decline in Trade Inevitable?

By: Bob Brewer, Braumiller Law Group

It’s goes without saying, but I will say it anyway, the recent visit to Taiwan by U.S. House Speaker Nancy Pelosi certainly didn’t help the already strained relations much, but within her reasoning for defiance of Beijing, the democracies of the world must stand together. The Chinese Embassy has now threatened to go to war with the U.S. over Taiwan.

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

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.

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Open General Licenses

DDTC is Open to Open General Licenses

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.

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Sanctions-on-Russia

Evaluating the Efficacy of Sanctions on Russia

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.

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impactDAOs

ImpactDAOs: Shaping the Future of Regenerative Organizations

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.

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russian sanctions on gas

European Countries Beware, Winter Is Coming, with Ice King Putin Leading the Charge

By: Victoria Schneider, Braumiller Law Group

If you haven’t heard the words Ukraine or Russia within the last 5 months, one would assume that you must live under a rock, or that you’ve just decided to tune them out. Just as it seemed that we were on our way to being in the clear from the COVID pandemic and getting back to a little bit of normalcy within the global supply chain, the ever-so-sweet Putin decided to invade the Ukraine.

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Indo-Pacific-Economic-Framework IPEF

U.S. Initiates Indo-Pacific Economic Framework in the South Pacific

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

On May 23 in Tokyo, Japan, the U.S., and other countries in the Pacific region launched the Indo-Pacific Economic Framework for Prosperity (“IPEF”). The countries included are Australia, Brunei, India, Indonesia, Japan, South Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam.

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Uyghur-Forced-Labor-Prevention-Act UFLPA

CBP Releases Guidance related to Complying with the Uyghur Forced Labor Prevention Act

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

U.S. Customs and Border Protection (“CBP”) released its first set of guidance relating to the Uyghur Forced Labor Prevention Act (“UFLPA”), which is set to take effect on June 21, 2022. CBP’s guidance takes the form of a website that is a homepage for UFLPA-related guidance, FAQs, webinars, graphics, and CBP contact information. This essential UFLPA homepage can be accessed at: www.cbp.gov/trade/forced-labor/UFLPA.

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Food-Insecurity

Incursion and World Trade, Part 3: Over 120+ Days into the Global Effect of Inevitable Food Insecurity

By: Bob Brewer, Braumiller Law Group

Here we are, at the time of this writing over four months into the Russian invasion of Ukraine, with no end in sight. I will personally submit that I am, appalled that this, the murder of innocent civilians and devastation of another country’s infrastructure, can be permitted to continue, as we watch from the sidelines as if it was just another simple documentary on another war.

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Four-year-review-of-tariffs section 301

Understanding the Statutory Four-Year Review Period of the Tariffs

By: Jennifer Horvath, Partner, and Brandon French, Associate,
Braumiller Law Group

Many importers are eagerly awaiting the United States Trade Representative’s (“USTR”) required four-year review of the Section 301 Chinese tariffs. Section 301 of the Trade Act of 1974 grants the Office of the USTR a range of responsibilities and authorities to investigate and take action to enforce U.S. rights under trade agreements and respond to certain foreign trade practices.

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Indo-Pacific-Trade-Initiative

Indo-Pacific Trade Initiative to Enhance U.S. Economic Influence

By: James Holbein, Of Counsel, Braumiller Law Group

On May 23, 2022, President Biden launched the Indo-Pacific Economic Framework for Prosperity (IPEF) with a dozen initial partners: Australia, Brunei, India, Indonesia, Japan, Republic of Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam.

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Deemed-Export-Compliance

Primer on Deemed Export Compliance

By: Harold Jackson, Associate Attorney, Braumiller Law Group

A “deemed” export occurs when certain types of information are released to a foreign person. This primer seeks to describe the introductory concepts of deemed export enforcement in the United States.

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