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New CITBA Article – An Overview of China’s New Export Controls Regime

Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce that our article, “An Overview of China’s New Export Controls Regime” was published by the Customs and International Trade Bar Association (CITBA) in its Summer 2021 newsletter.

Our article discusses China’s new export control regime. The new framework is similar in many ways to U.S. export licensing mechanisms. The framework is seen by many as a mechanism to counter increasing U.S. export controls towards China as part of escalating U.S.-China tensions.

Below is the article for your reading pleasure.

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By Jennifer Diaz|2022-07-08T09:44:56-04:00July 20, 2021|Best Practices, China, EAR, Export, International Trade, ITAR, U.S. Bureau of Industry and Security (BIS), U.S. Department of Commerce (DOC), U.S. Directorate of Defense Trade Controls (DDTC), U.S. Office of Foreign Assets Control (OFAC)|0 Comments

Do’s and Don’ts of Filing a Commodity Jurisdiction Request

Co-Authored by Sharath Patil

An Introduction to Export Controls

Over 95% of the world’s consumers are outside of the United States. Opportunities abound for U.S. companies that export. However, exporting is a privilege and not a right. U.S. exporters have an important responsibility to adhere to U.S. export control laws, including the Export Administration Regulations (“EAR”), and the International Traffic in Arms Regulations (“ITAR”). Violations of export control laws carry hefty civil and criminal penalties. Exporters can pay hundreds of thousands of dollars in penalties, lose export privileges, and even be imprisoned for violations of U.S. export control laws.

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By Jennifer Diaz|2022-07-08T09:43:44-04:00June 22, 2021|China, Cuba, EAR, Enforcement, Export, International Trade, Iran, ITAR, U.S. Bureau of Industry and Security (BIS), U.S. Directorate of Defense Trade Controls (DDTC), U.S. Office of Foreign Assets Control (OFAC)|2 Comments

Between a Rock and a Hard Place – Conflicting U.S. & EU Sanctions Policies Towards Iran

Co-Authored by Sharath Patil

Background on U.S. Sanctions Programs

The U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) administers a number of different sanctions programs. The purpose of U.S. sanctions programs is to advance U.S. foreign policy objectives and protect national security. Currently, OFAC administers 35 sanctions programs. These sanctions programs vary widely – some are comprehensive while others are highly selective.

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By Jennifer Diaz|2022-07-08T09:42:43-04:00June 15, 2021|EAR, Export, Iran, Pre-compliance, U.S. Office of Foreign Assets Control (OFAC)|0 Comments

Potential Relief from China Tariffs Coming

Co-Authored by Sharath Patil

Background on Section 301 Tariffs

A key element of the U.S.-China trade war, initiated under the Trump administration and continuing through Biden’s first term, was the imposition of China tariffs under Section 301. Section 301 is a mechanism via which the President can retaliate against foreign countries that violate U.S. trade agreements or engage in acts that are “unjustifiable” or “unreasonable” and burden U.S. commerce. With regard to China, the U.S. Trade Representative (“USTR”) found that China’s acts, policies, and practices related to intellectual property and innovation are unreasonable or discriminatory and burden or restrict U.S. commerce. Accordingly, a broad set of tariffs were instituted. Section 301 tariffs for goods originating from China have been so expansive that U.S. Customs revenue has nearly doubled from $41.6 billion in FY 2018 to $71.9 billion in FY 2019 and $74.4 billion in FY 2020.

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