Secretary of Commerce Howard Lutnick told trade practitioners to expect a significant increase in fines for export control violations and he called called for expanded cooperation with industry and allied governments to stem the flow of U.S. semiconductor technology to China. Speaking at the Bureau of Industry and Security (BIS) Update Conference, Lutnick directly accused Chinese artificial intelligence firm DeepSeek of acquiring U.S. chips through improper channels. “People took our chips and redirected them to China for money,” he said. “Sometimes it’s not that much money, and sometimes it’s a lot of money, but they’re seeking to destroy our way of life by assisting those who are against it.”
Responding to the Trump Administration's recent endorsement of foreign corrupt business practices, three leading European anti-corruption agencies announced the formation of a collaborative effort to maintain law and order in the public integrity sphere.
President Donald Trump has issued contradictory signals regarding sanctions on Russia, simultaneously threatening punitive economic measures while reportedly exploring avenues for relief. On Friday, Trump warned of large-scale banking sanctions, tariffs, and additional economic penalties on Moscow in an effort to push Russia and Ukraine toward a peace settlement. Despite his threats of increased economic pressure on Russia, reports indicate that the Trump administration is simultaneously considering sanction relief.
Treasury Secretary Scott Bessent discussed the President's policies with Larry Kudlow at The Economic Club of New York event on March 6, 2025. "The president has already begun a campaign to rebalance the international economic system," he asserted. "Perhaps we are seeing an early big win with Germany's discussions to dramatically boost its military spending."
In contrast to the Treasury Department's flurry of staffing announcements, the Commerce Department quietly updated its website this week, detailing the staff incoming BIS Chief Jeffrey Kessler will rely on to ensure trade security. The appointment of James Rokas as Mr. Kessler's principal deputy has been thrown into doubt, as Chief of Staff Robert Burkett has replaced Mr. Rokas as acting undersecretary.
Jeffrey Kessler the Administration's nominee for Under Secretary of Commerce for Industry and Security had a relatively easy go of it in front of the Senate Banking Committee Thursday, as members sunk their teeth into the higher-profile nominees who shared the dias. While Mr. Kessler brings a strong legal background in tariff and trade enforcement and compliance, the technical and national security elements of export administration will call for a high degree of collaboration with what one senator referred to as "career bureaucrats [who] over the years at BIS have rubber stamped deals for decades and sent some of our most important technology to China"
Matthew Borman, principal deputy assistant secretary of commerce for export administration and Eileen Albanese, director of the Office of National Security and Technology Transfer Controls, have been forced out of the Commerce Department, leaving the government's trade security functions hobbled. As reported earlier Bureau of Industry and Security (BIS) has suspended the processing of applications for new export licenses submitted after February 5th, 2025. As of presstime (24 February) the Bureau has made no formal announcment as to when or if processing will resume.
As Moscow's war against Ukraine enters its fourth (or eleventh) year, the European Commission announced the Council's adoption of the 16th sanctions package against Russia. As is customary, the United Kingdom announced complementary sanctions. Unlike with prior initiatives, the United States did not join in the effort, reflecting the new rapprochement between Washington and the Kremlin. The 16th sanctions package intensifies restrictions on key sectors of Russia's economy, including energy, trade, transport, infrastructure, and financial services.
Friday President Trump signed a directive aimed at protecting American companies from foreign-imposed taxes, fines, and regulatory restrictions, vowing to take retaliatory action against governments that unfairly target U.S. businesses. The Presidential Memorandum, titled Defending American Companies and Innovators From Overseas Extortion and Unfair Fines and Penalties, outlines the administration’s commitment to countering digital services taxes (DSTs) and other financial measures that disproportionately affect U.S. technology firms.
Monday Feb 10, President Trump issued an executive order halting the initiation of new Foreign Corrupt Practices Act (FCPA) investigations and mandating a review of ongoing enforcement actions. The order comes in the wake of several high-profile corporate settlements under the statute, underscoring the administration’s concerns that current enforcement of the 47 year old Law is detrimental to U.S. economic competitiveness and national security.
On January 20, 2025, President Trump issued Executive Order (E.O.) 14157, "Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists." Such designations will increase the penalties and other consequences for companies and individuals providing "material support" to the designated entities. This development will impact the legal and compliance risks companies face when doing business in Mexico, Central America, and other parts of Latin America where cartels are active. The difference of an FTO designation is that it now implicates companies and individuals with new and specific criminal law provisions for material support of the designated entities that do not currently exist under an SDN designation. One should expect to see more criminal prosecutions in the U.S. against non-U.S. companies and individuals.
In today's global business environment, companies must navigate a complex web of sanctions regulations. The stakes are high, and the consequences of non-compliance can be severe. This article outlines key considerations for companies navigating the era of heightened sanctions enforcement identified by Baker McKenzie's Global Sanctions Investigations Group from its involvement in many such investigations.
The trade group representing 270 American companies operating in China, announced its policy priorities for US-China commercial relations. "With new US leadership, USCBC sees a fresh chance to address structural issues in China’s economy that disadvantage American businesses, workers, and farmers," states The US-China Business Council (USCBC) in announcing the report. The report calls for ensuring the enforcement of China’s “phase one” commitments, preserving China’s permanent normal trade relations status, and "recalibrating national security restrictions" Including reversing the AI Diffusion Rule introduced at the close of the prior administration.
The Trump administration’s pledge of across-the-board tariffs have many U.S. companies concerned about higher-priced inputs and disrupted supply chains. This article explores the insurance coverage options, such as political risk insurance and trade credit insurance, that can offer coverage to protect against and mitigate trade-related risks. This article also provides advice on how policyholders can maximize coverage should a loss occur, and further discusses the impact that tariffs might have on the insurance market, including premiums for certain types of insurance lines.
Her first full day as Attorney General, Pam Bondi issued a raft of policy changes, including a memorandum outlining the new administration's policies on charging, plea negotiations and sentencing. Tacked onto the end of the five-page memo, Ms. Bondi continued the purge of the National Security Division, disbanding the Foreign Influence Task Force and the National Security Division's Corporate Enforcement Unit, and instructing the Counterintelligence and Export Control Section to "focus on civil enforcement, regulatory initiatives, and public guidance." Another memo directs FCPA directs prosecutors to prioritize the investigation drug cartels and transnational criminal organizations (TCOs) and to “shift focus away from cases that do not involve such a connection.”
Tuesday February 4th the White House issued a National Security Memorandum (NSM) directing multiple federal agencies to impose maximum pressure on the Government of the Islamic Republic of Iran. The memorandum outlines aggressive measures aimed at denying Iran all paths to a nuclear weapon, countering its regional influence, and disrupting its financial and military networks.
The State Department released an update on the prior year's arms trade, with Foreign Military Sales at their highest levels in history and Direct Commercial Sales up smartly from the prior period. In FY2024 the total value of transferred defense articles and services and security cooperation activities conducted under the Foreign Military Sales system was $117.9 billion. This represents a 45.7% increase, up from $80.9 billion in FY2023.
The Bureau of Industry and Security (BIS) will hold the 2025 Update Conference on Export Controls and Policy from Tuesday, March 18 through Thursday, March 20 at the Washington Hilton hotel in Washington, D.C. This 37th annual conference will be offered in-person only, for two and a half days, with an evening reception. The registration fee will be $1,750. Sessions will include keynote speakers, plenaries, breakout sessions, and live Q&A with BIS and other agency experts. Specific details and agenda to come.
His first day back at the Resolute desk, President Trump issued an executive order outlining the administration’s “America First” trade policy. The memorandum, addressed to senior officials across multiple federal agencies, sets a comprehensive agenda for addressing trade imbalances, unfair practices, and national security concerns tied to international commerce, with much of the review and reporting due April 1st, or ten weeks from the date of the Order.
The Department of Commerce’s Bureau of Industry and Security and the Treasury’s Office of Foreign Assets Control imposed approximately $2.5 million in combined civil penalties against a California machine tool builder for permitting authorized distributors to sell equipment and repair parts to sanctioned entities in China and Russia, “Today’s coordinated resolution with OFAC demonstrates our resolve to hold accountable companies that do not put in place effective compliance programs to prevent exports to Entity Listed companies,” said Acting Assistant Secretary for Export Enforcement Kevin J. Kurland.