On December 23, President Biden signed a new law that bans all imports from Xinjiang. Specifically, the new law establishes a rebuttable presumption that any product from Xinjiang was made using forced labor. Some observations: 1. Not Just a Xinjiang Problem We have repeatedly pointed out in these pages that even a total ban on
If you are importing products into the United States you need to do your homework to make sure your incoming shipments comply with U.S. Customs laws and regulations. Compliance with U.S. Customs laws and regulations is critical to avoid your shipments being detained or seized, and/or penalties assessed. Common issues importers of products typically face include
On December 2, U.S. Customs and Border Protection (CBP) issued a withhold release order (WRO) against cotton and cotton products made by the Xinjiang Production and Construction Corps (XPCC). XPCC has been described as a “state within a state,” which “functions like a government in running schools, policing and health care facilities across a number
Our international lawyers have been getting an increasing amount of work involving the provision of services across borders. International service agreements are more complicated than international product sales agreements because they typically involve an ongoing and more amorphous relationship without easily definable deliverables. It is easier to write a contract to buy 1,000 widgets from
On September 19, China’s Ministry of Commerce (“MOFCOM”) issued the Regulations on Unreliable Entity List (“Regulations”), which took effect on the same date. Though we have not seen an actual list of unreliable entities, the Regulations set out the general principles for the Unreliable Entity List (UEL) system. Who can be included on the UEL? The
Yesterday I attended a USPTO webinar, How the U.S. government can help companies protect and enforce their IP in China. It was informative and I highly encourage anyone interested in IP protection in China to attend future webinars. Moreover, it brought back memories of my own stint in the government helping American companies protect their
China is (again) in the midst of a concerted government crackdown against foreign companies doing business in China. And if that is not bad enough, if your country has been deemed by China to have disrespected it by speaking out against forced labor or enhancing diplomatic relations with Taiwan, your own expatriate staff themselves may
When our China lawyers are tasked with drafting a China NNN Agreement, they start by sending the client a tailored questionnaire. Then once they have the answers they draft the NNN Agreement in English (for the client) and in Chinese (the official version). Most of the time, our clients at that point take the NNN
In late June, China provided its 2020 updates to its Special Administrative Measures on Access to Foreign Investment (the “Negative List”), which outlines the economic sectors where foreign investment is prohibited or limited in some way. These 2020 updates were jointly issued by the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce
Contents of this Article: Confirm Legality Create a Contract Protect Your Intellectual Property Comply With Export Control Laws Understand Employment Laws Comply With Tax Rules Lawyers love checklists, and we international business lawyers are no exception. Me, I love clients, not only because they are the lifeblood of my law firm and thus my livelihood,
