Mr Aman Kakar

Aman Kakar

Updates

International Trade

CFIUS 2.0: expansion of jurisdictional scope remains in limbo as tech minority investments emerge
USA | 24 January 2020

In the Foreign Investment Risk Review Modernisation Act and the Export Control Reform Act, Congress essentially gave the Department of Commerce the authority to decide how narrowly or widely to set the jurisdiction for the Committee on Foreign Investment in the United States over non-passive minority investments involving emerging and foundational technologies. Yet, at times, the department has seemed almost paralysed by this question.

Section 301 tariff developments affect US importers
USA | 17 January 2020

Section 301 of the Trade Act authorises the president to take retaliatory action if it is determined that a trade act, policy or practice of a foreign government is unreasonable or discriminatory and burdens or restricts US commerce. December 2019 saw significant end-of-year developments on the Section 301 tariff front. US importers should take stock of these as they plan for 2020.

Transpacific Steel secures trade court win for security tariffs on steel from Turkey
USA | 29 November 2019

The US Court of International Trade recently denied the Trump administration's motion to dismiss a lawsuit brought by an importer challenging the government's use of a Cold War-era trade law to double national security tariffs on steel imports from Turkey. Transpacific Steel LLC had filed the lawsuit before the trade court in January 2019, arguing that the increase in tariffs was unlawful under the statute and violated the due process and equal protection requirements under the Constitution.

Post-quantum cryptographic algorithms and air launch platforms: BIS adds five new technologies to CCL
USA | 28 June 2019

The Department of Commerce, Bureau of Industry and Security (BIS) has issued a final rule which added five recently developed or developing technologies to the Export Administration Regulations' Commerce Control List that are essential to US national security. In particular, BIS amended four export control classification numbers and added a new one. These changes came into force on 23 May 2019 and have an immediate impact on parties exporting the newly controlled goods.