News Articles

space

Out of This World!  Proposed New Regulations on Space and Spacecraft

On October 23, 2024, the Directorate of Defense Trade Controls published proposed changes to the International Traffic in Arms Regulations (ITAR) affecting exports of spacecraft and launch vehicles and related activities. Subsequently the department extended the comment period from Nov. 22 to Dec. 23, 2024. The Bureau of Industry & Security (BIS) of the Department of Commerce published corresponding proposed changes to the Export Administration Regulations on Oct. 23, 2024.

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tariffs

Presidential Authority to Unilaterally Raise Tariffs

This article examines the constitutional authorities and various statutes that reserve tariff authorities for Congress and some legal authorities in which Congress has delegated tariff authorities to the President. The U.S. is a party to numerous multilateral and regional trade agreements that have binding tariff commitments that will be impacted as well.

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tariffs

Tariffs, Trade & Trump

Historically, trade agreements have focused on reducing barriers to trade—such as tariffs and quotas—while encouraging economic integration and growth. Environmental protection was often considered a separate issue, addressed primarily through national regulations or multilateral environmental agreements like the Paris Agreement. However, recent developments suggest that trade and environmental concerns are converging, with many new trade agreements incorporating specific environmental provisions.

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CDSOA

The Ghost of CDSOA Still Haunts Us

One of the most anticipated decisions of the Supreme Court’s recent term was Loper Bright Enterprises v. Raimondo. While the specific underlying dispute in Loper Bright isn’t relevant to the trade community—did fishermen have to pay for government-mandated observers on their vessels?—the Court used this case to overturn the broadly applicable judicial deference test established in 1984 in Chevron U.S.A. Inc., v. Natural Resources Defense Council.

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Jurisdiction and History of Tariff Classification Litigation in the U.S.

Jurisdiction and History of Tariff Classification Litigation in the U.S.

Several tribunals and courts were established at various periods of America’s history to resolve trade-related litigation, both at the trial and appellate levels, and even the Supreme Court has played a significant role in these disputes. The jurisdiction and structure of these courts evolved as the complexities and volume of trade disputes grew.

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MX Customs

Amendments to the MX Customs General Rules for 2024 and to Annexes 1, 2, 5 and 24  (Reglas Generales de Comercio Exterior para 2024)

On September 15th, 2024, the Mexican Congress published on the Diario Oficial de la Federacion (Mexican Official Gazette) a decree to amend, add, and abolish several provisions of the Mexican Constitution regarding the Judicial Power. This reform, as it is being called, is one of the major changes to the Mexican Judicial System and has been met with heated debates by opponents who fear it will put the balance and separation of power at risk as it will result in a weakened and deteriorated judicial system overpassed by the legislative and executive powers.

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USMCA

Navigating Trade Waters: A Deep Dive into the USMCA Joint Review Process and Its Impact on China and Mexico – Part Two: The Mexico-US Trade Landscape and Harris’s Potential Vision  

This is the second of a three-part series about the USMCA joint review process, focusing on China, Mexico, and competing visions of a “worker-centered” trade policy. Part one introduces the USMCA joint review process and explores how US trade policy would likely operate during Trump’s second term. Part two outlines some of the major trade issues that will be on the table during joint review, focusing on the Mexico-US relationship, and anticipates Harris’s likely approach to trade policy.

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DDTC

Advisory Opinions From DDTC – What Are They?

The Directorate of Defense Trade Controls (DDTC) that administers and enforces the ITAR also issues Advisory Opinions (AO). What the heck is an AO? If you come from a Customs compliance background you know about Customs rulings and may have applied for some. An AO is sort of like a Customs ruling in that it is a written interpretation of the regulations.

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DAO

Integrating DAOs and DUNAs with Stablecoin Ecosystems

We have analyzed Decentralized Autonomous Organizations (DAOs) and how the GENIUS Act will permit regulation of payment stablecoins in prior articles. This article examines how decentralized organizations interact with stablecoin ecosystems and the synergies between organizational and payment infrastructure innovation.

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Haiti

Renewal of Haiti HOPE/HELP and AGOA Trade Preferences Up to Senate

In its usual fashion, Congress has allowed the tariff preferences for Haiti under the United States-Caribbean Basin Trade Partnership Act (CBTPA) and the African Growth and Opportunity Act (AGOA) to expire on September 30, 2025. Two bills passed the House with bipartisan majorities on January 12, 2026, to renew the tariff preferences retroactively to the date of expiration and then extend them to September 30, 2028. Both bills are now in the Senate Finance Committee awaiting action. This article examines the current status and likely outcomes of Senate review.

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Section 232 Automotive

Self-Declaring Under the Section 232 Automotive and MHDVP Programs

The October 17, 2025 Presidential Proclamation 10984 Adjusting Imports of Medium- and Heavy-Duty Vehicles, Medium- and Heavy-Duty Vehicle Parts, and Buses into the United States included a provision to self-declare certain auto and truck parts and components as being subject to the tariffs with certain requirements.

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Mercosur

Mercosur Update

Let’s rewind to December 6, 2024. A deal more than 25 years in the making, covering over 700 million people and a combined GDP approaching $22 trillion, became realized. Since then, the agreement has made notable institutional progress while encountering renewed legal and political resistance that will shape its path to implementation. What’s happened recently?

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BRICS

BRICS: An Update and a Challenge

Has BRICS finally produced an alternative to the “petrodollar” after twenty years? And does it live up to the hype? Depending on where you look online, key details are being left out. So, let’s slow down and review what’s actually happening.

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EU and India

After Two Decades of Failing to Come to an Agreement “The Mother of All Deals” is Done – Kudos to India and the EU

As of 1/27/2026, India and the EU have finalized a free trade agreement described by both sides as the “mother of all deals” that slashes tariffs, opens markets, and creates a combined economic region of roughly two billion people. This FTA stands as one of the most consequential global trade realignments in years, driven in part by U.S. tariff pressure and a shift in strategy toward diversifying one’s supply chains.

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Davos Canada

Hot Topics in International Trade – The Davos Speech by Canadian Prime Minister Mark Carney The Middle Powers Playbook and a Global Trade Realignment in the Making

For whatever reason, if you missed the spectacle created by President Trump on the world stage recently in Davos, Switzerland at the World Economic Forum, you really need to pay close attention now to the fall out. Top business executives in global economies were watching and probably also wondering just who the hell was going to stand-up to the U.S. pressure campaign, and that’s where Canadian Prime Minister Mark Carney stepped up to the mic and delivered a speech that sent shockwaves across continents.

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