Author: Larry Ward

As an international business attorney, Larry helps clients navigate complex regulations such as CFIUS, ITAR, EAR, OFAC, FCPA, and other matters involving U.S. national security law and international trade compliance. He helps government contractors, aerospace and defense, mining, technology, manufacturing, retail, service, hospitality, biotech, and other companies involved in international trade understand and comply with various complicated U.S. regulatory schemes in a cost-effective manner so that they can avoid the monetary, criminal, and other penalties and reputational damage faced when those regulations are violated.

Trump Administration Proposes New Section 301 Tariffs

On June 1st, President Trump issued a Proclamation to adjust the Section 232 duties on derivative goods made of aluminum, copper, and steel, which are generally set at 50%. Goods that are eligible for preferential treatment under the U.S.-Mexico-Canada Agreement (“CUSMA” or “USMCA”) will be subject to a lower 25% duty rate with respect to the non-U.S. content, with a minimum duty rate of 15% ad valorem. This reduced rate will be in effect from 8 June 2026 through 31 December 2027. On June 2nd, the Office of the U.S. Trade Representative (“USTR”) issued a Section 301 report that accused Canada of insufficiently enforcing its import ban against forced labor products, which USTR...

CFIUS Expands Foreign Investments Subject to Scrutiny with Significant Carve-out for Canadian, Australian and U.K. Investors

On January 17, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) published two new rules that will greatly expand the scope of minority investments by foreign persons in U.S. businesses that are subject to CFIUS review. The rules take effect on February 13, 2020. Importantly for certain Canadian investors, the rules include an exemption for the next two years. These new rules implement changes in U.S. law mandated by Congress in its 2018 Foreign Investment Risk Review Modernization Act (“FIRRMA”). The first rule expands coverage over minority investments by foreign persons in U.S. businesses that involve critical technologies, critical infrastructure, or sensitive personal data (as those terms are defined in...