A new rule that would impose a three-day deadline for certain responses to the Committee on Foreign Investment in the U.S. was unanimously criticized by several law firms, an industry group and the Chinese government, which said such a time frame doesn’t take into account the complex, time-consuming discussions companies must have when dealing with CFIUS. Some commenters also asked the committee to nix a proposed change that would raise the maximum penalty for violations from $250,000 per violation to $5 million, saying most violations are accidental, and the increase could rattle the “confidence” of foreign investors.
Congress, federal agencies and state bar associations should work together on new regulations to ensure U.S. lawyers aren't enabling Russia-related sanctions evasion, Stanford Law School lecturer Erik Jensen and a host of law students recommended in a recent report.
The Pentagon stands by its decision last week to add Hesai Technology to its 1260H List of Chinese military companies, an agency spokesperson said.
The National Marine Fisheries Service made a new comparability finding that two New Zealand fisheries have comparable marine mammal bycatch protections to U.S. fisheries, and may be listed on the agency’s List of Foreign Fisheries eligible for import into the U.S., NMFS said in a notice released Jan. 22.
Businesses and industry lawyers should expect to see an increase in Foreign Corrupt Practices Act enforcement this year, especially as DOJ more frequently uses data analytics to find possible violations, said Dan Kahn, the former chief of DOJ’s FCPA unit.
Cannabis industry companies should take stock of their import supply chains and CBP clearance procedures in the wake of actions against shippers for undervaluing merchandise, law firm Neville Peterson said in a Jan. 2 blog post. While undervaluation for cannabis-related goods "may have gone undetected due to CBP's unfamiliarity with" the products, CBP is "moving up a learning curve," allowing for easier detection and greater due diligence for importers, the post said.
Importers of cannabis-related goods should seek customs rulings to "interpret the laws of every State that has repealed prior prohibitions" pertaining to cannabis paraphernalia to better facilitate the importation of these goods, law firm Neville Peterson said in a blog post.
DOJ is increasingly prioritizing corporate enforcement against executives -- regardless of how high they rank -- and is more frequently looking to take those cases to trial, said Marshall Miller, principal associate deputy attorney general.
Six U.S. oil country tubular goods manufacturers -- Tenaris U.S., Vallourec Star, Borusan Pipe US, PTC Liberty Tubulars, Welded Tube US, and Axis Pipe and Tube -- have formed a new trade association. The U.S. OCTG Manufacturers Association elected Tenaris U.S. President Luca Zanotti chairman, and appointed Roger Schagrin, partner at Schagrin Associates, its general counsel, a Nov. 28 news release said.
The U.S.-China Economic and Security Review Commission suggested that Congress should pass legislation requiring the U.S. Judicial Conference to "prepare an evaluation and guidance for U.S. courts" on the Chinese legal system to aid courts in "assessing recognition of Chinese judgments." In its 2023 Report to Congress, the commission said that the Judicial Conference's guidance also would cover "change of venue, choice of law, and forum non conveniens inquiries."