The latest version of the Anti-Unfair Competition Law revises its regulations concerning the burden of proof in trade secret litigation. The updates specify situations on proving the existence of infringement for the holder’s prima facie. If the trade secret owners could preliminarily prove their infringement claims, the burden of proof will be transferred to the infringer, thus reducing the burden of proof on the rights holders and further improving trade secret protection.
The U.S. Export Controls and Sanctions: Demystifying Recent Trends, Developments, and Critical Issuesjasper.alamares2021-11-11T21:08:39-05:00
The Biden administration continues to navigate the US export controls and trade sanctions amidst the growing human rights concerns and national security issues. Recent developments that impact international transactions and require immediate attention involve goods, technology/software, and military intelligence focusing on China, Myanmar/Burma, and Russia.
A Comprehensive Guide on International Trade and National Security Policy: Hot Buttons and Best Compliance Practicesjasper.alamares2021-12-09T21:14:05-05:00
Biden’s administration emphasizes multilateralism as its core principle in trade and security policy implementation. The recently released trade policy prioritizes areas including tariffs, work-centric trade policy, export controls, and economic sanctions. A new center of interest also rises with the inclusion of promoting social justice, and environmental and climate policy. While it also focuses on building partnerships and alliances, the administration still views China as a strategic competitor.
U.S. International Trade Commission (ITC) investigations have been on the rise over the past years. Just in the first quarter of 2020, a significant increase in the number of lawsuits and ancillary cases have been launched, as well as inquiries underway. The ITC also continues its efforts and investigations under Section 337 despite the extended postponement of its in-person hearings because of the current COVID-19 pandemic.
The coronavirus pandemic has undoubtedly changed the business environment for organizations across the globe and has highlighted the need for business leaders to rethink the way in which their supply chains routes and supporting personnel are managed.
In response to violations committed by U.S. persons as well as foreign organizations, the enforcement efforts of the Department of Treasury's Office of Foreign Assets Control (OFAC) have become more extensive. Some of the most significant OFAC enforcement actions this year include Eagle Shipping and Société Internationale de Télécommunications Aéronautiques (SITA) that were both assessed over $1 million civil penalties for their violations.
The year 2019 has seen significant developments in the use of U.S. sanctions and tariffs, as well as in the country’s ongoing trade war with China. The Trump administration has imposed the Office of Foreign Assets Control (OFAC) sanctions on several countries in 2019 including Iran, Venezuela, North Korea, and Russia. In the same year, the U.S. revealed the terms of its phase one trade deal with China, which increases China’s purchases of the former’s products and rollbacks U.S. tariffs.
In May 2019, the US Treasury Department’s Office of Foreign Assets Control (OFAC) published a framework for OFAC compliance. The core elements of the guidance are aimed at creating a tailored risk-based strategy to ensure sanctions compliance across an organization. It also outlines five components of a compliance program and it includes an appendix identifying the root causes of compliance breakdowns and deficiencies. To mitigate risks, it is imperative for companies to assess the adequacy of their OFAC compliance programs and to tailor them to target risks relevant to the business.
The enforcement and compliance landscapes for antidumping and countervailing duties continue to heighten as the number of cases and petitions filed against foreign importers continues to grow. Key issues include the U.S. Customs and Border Protection’s (CBP) increased number of requests for information and notice of actions to foreign importers, the potential expansion of Enforce and Protect Act (EAPA) authority to deter AD/CVD evasion as well as other foreign trade concerns.
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has been aggressively enforcing culpable businesses that violate its regulatory policies. As part of these efforts, the framework for OFAC Compliance Commitments was published in May 2019 to define the essential elements of an effective economic sanctions compliance program.
Emerging developments have brought sweeping changes to the regulatory landscape of Foreign Investment Risk Review Modernization Act (FIRRMA) of 2018 and Committee on Foreign Investment in the United States (CFIUS). Recently, FIRRMA extended the scope of CFIUS review on covered transactions – a move which calls for a closer watch on foreign investments, export controls, and national security. Moreover, CFIUS also released its final regulations for mandatory filing process and requirements creating additional issues and challenges for all concerned practitioners.
Recent developments concerning International Trade Commission (ITC) litigation and enforcement continue to shape the international trade law. With the onset of the COVID-19 pandemic, the number of new complaints filed at the ITC surged in the second half of 2020.