News Articles

Commercial International Trade Contracts

Using a Contract Review Checklist for Commercial International Trade Contracts

James Holbein August 21, 2024

In the complex world of commercial international trade, contracts serve as the foundation for successful transactions. A well-prepared contract review checklist provides a basis for lawyers to ensure that all necessary terms and conditions are covered, protecting all parties involved. This article outlines the essential components of a contract review checklist related to goods in international trade. The goal is to provide a structured approach to reviewing and drafting contracts, beyond the basics of INCOTERMS.

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brics

BRICS – Shaping the Future of Global Finance and Investment

Victoria Holmes August 21, 2024

Imagine a world where five powerhouse nations are redefining the global economic landscape. BRICS—an acronym for Brazil, Russia, India, China, and South Africa—is not just a coalition of emerging markets; it is a formidable alliance shaping the future of global finance and investment. You can read about the coalition’s attempt to unseat the US dollar in our previous newsletter.

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texas

The Trade Powerhouse: Analyzing Texas’ Role in Global and National Trade

Victoria Holmes August 21, 2024

Texas isn’t just celebrated for its breathtaking landscapes and rich history—it’s a dynamic powerhouse in international and interstate trade. As the second-largest state in the U.S., Texas capitalizes on its strategic location, diverse economy, and vast infrastructure to fuel an extraordinary flow of goods and services. If Texas was a country, it would be ranked as the eighth- largest economy in the world, ahead of both Canada and Russia.

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steel and aluminum

New Presidential Proclamations – Section 232 Duties on Certain Steel and Aluminum Products from Mexico

Paul Fudacz August 12, 2024

On July 10, 2024, the President issued two Presidential Proclamations related to the imposition of Section 232 duties on certain steel and aluminum products from Mexico. The first establishes a “melt and pour” requirement for imports of steel articles that are products of Mexico and will increase the section 232 duty rate for imports of steel articles and derivative steel articles that are products of Mexico that are melted and poured in a country other than Mexico, Canada, or the United States.

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CTPAT security review

Navigating the Hurdles: Challenges of Conducting an Annual CTPAT Security Review

Judy Davis August 9, 2024

The Customs-Trade Partnership Against Terrorism (CTPAT) program can offer a fast thoroughfare for international trade. But navigating the annual security audits that ensure CTPAT compliance can feel like a maze. Don’t worry, we’ve got you covered! Let’s explore some common hurdles faced during CTPAT security audits, along with practical tips to simplify the process.

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judicial deference

Judicial Deference in Customs Litigation

Mike Smiszek August 9, 2024

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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CTPAT

Level-Up Your CTPAT Portal

Judy Davis June 14, 2024

The CTPAT portal has been a work in progress for a number of years with the latest portal update (3.0) launched at the end of 2023. Let’s take a few minutes to explore a few strategies for best outcomes while avoiding common challenges and the SCSS response request for “more information”.

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tarriffs and trade sign

Tariffs and Trade

Robert Stein June 12, 2024

Those who cannot remember the past are condemned to repeat it.” – George Santayana. As an example of this I present to you the Smoot-Hawley Tariff Act of 1930. If you are not familiar with this, it is worth taking a moment to research.

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sanctions violations

New Legislation Extends Statute of Limitations for Sanctions Violations

Adrienne Braumiller June 10, 2024

Recently, President Biden signed a foreign military support bill (H.R. 815) into law, which also encompassed the 21st Century Peace Through Strength Act (the Act), a legislative proposal introduced in the House containing various U.S. sanctions-related measures. These sanctions measures extended the statute of limitations (“SOL”) from five to ten years for civil and criminal violations of sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”).

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Stablecoin

Activating HTTP 402: The x402 Protocol and Legal Framework for Internet-Native Stablecoin Payments

James Holbein November 30, 2025

The convergence of payment stablecoins, blockchain settlement infrastructure, and the regulatory clarity provided by the GENIUS Act of 2025 has created conditions for HTTP 402’s activation. The x402 protocol, developed by Coinbase in collaboration with Cloudflare and others through the x402 Foundation, operationalizes this long-reserved status code to enable instant, automated payments: particularly for autonomous AI agents conducting machine-to-machine commerce.

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critical Minerals

Critical Minerals Focus of White House Trade Agreements in 2025

James Holbein November 30, 2025

The Trump Administration is pursuing a new style of trade management based on use of tariffs to rectify trade deficits and to set new “reciprocal” tariff rates to level the playing field for all of its trading partners. Critical minerals are a key component of the strategy, because the U.S. is heavily dependent of foreign sources for most of the critical minerals used in modern manufacturing. In response to Trump-imposed tariffs and threats of other trade actions, China has repeatedly used export controls on rare earths and other critical minerals as leverage. This article looks at the current state of critical minerals trade actions, starting with new US agreements with multiple trading partners, then reviewing international norms and proceeding through other trade actions involving critical minerals.

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BIS

BIS “Affiliates Rule” Suspended One Year, But No Time to Rest

Megan Mohler November 30, 2025

On November 10, 2025, the U.S. Bureau of Industry and Security (“BIS”) delayed the effective date of its new Affiliates Rule for a one-year period, until November 9, 2026, after U.S. and China trade talks. The Affiliates Rule, announced on September 29, 2025, expands export controls under the Export Administration Regulations (“EAR”) to extend to non-listed “affiliates” owned or controlled by listed entities (on the Entity List, the Military End User List “MEU”, or certain sanctioned parties) 50% or more in the aggregate.

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section 232

Section 232 Steel & Aluminum Derivative Products Inclusion Process Expands Scope of the National Security Purpose of Section 232 Investigations

Paul Fudacz November 30, 2025

On February 10, 2025, the President issued Presidential Proclamations Under Section 232 of the U.S. Code adjusting imports of steel and aluminum into the United States. These Proclamations provided an expanded listing of steel and aluminum derivative articles but also instructed the Secretary of Commerce (Secretary) to establish a process for including additional derivative aluminum and steel articles within the scope of the ad valorem duties.

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auto industry and china

The Automotive Industry, China’s Semi Grip on Supply Chains, and General Motors 2027 Exit Strategy for Suppliers (Is a clean break even possible?)

Bob Brewer November 20, 2025

General Motors (GM) has instructed thousands of its suppliers to phase out sourcing parts and materials from China by 2027. The exit strategy began in early 2024, with the directive gaining momentum in spring of this year, 2025. This directive is part of GM’s broader strategy to enhance supply chain resiliency and reduce exposure to geopolitical risks, particularly amid escalating, or let’s just say, continuously fluctuating, U.S.–China trade tensions.

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brics

Can BRICS Break the Dollar’s Grip?

Victoria Holmes October 1, 2025

For decades, the U.S. dollar has ruled the world. Whether a Brazilian farmer sells soybeans to China or an Indian company buys oil from the Middle East, chances are the transaction runs through greenbacks. Nearly 80 percent of global trade is still denominated in dollars—even when neither the buyer nor the seller is American.

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Mexican steel

Importing Steel into Mexico A Pillar of Compliance for Suppliers Trading with Mexico

Brenda Cordova October 1, 2025

The steel trade with Mexico is particularly strategic at this moment. Companies are shifting supply chains to North America, and Mexico which has been an attractive manufacturing hub for various industries, such as automotive, aerospace, construction, electronics, household appliances, and more. This trend is driving strong demand for imported steel while simultaneously creating new export opportunities for Mexican producers. Much of this advantage stems from the USMCA, because steel originating within the USCMA region can qualify for preferential tariff treatment when traded within the United States and Canada, provided that the applicable rules of origin are fully met.

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Rare Earth

Rare Earth Minerals-Part 2 – Enter Greenland’s Global Significance

Bob Brewer October 1, 2025

It’s been more than a little concerning to the Trump Administration as these deposits have everything to do with international security as they are needed in the production of the very high-end microchips. So, now that it has been discovered that Greenland apparently has one of the largest deposits on the planet, Trump has stated that we will have Greenland, one way or another. While he hasn’t explicitly committed to military action, he’s made it clear that he won’t rule it out.

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Stablecoin

Wyoming Laws More Crypto-Friendly with Issuance of State Stablecoin

James Holbein October 1, 2025

On August 29, 2025, Wyoming made history becoming the first state in the United States to issue its own stablecoin, the Frontier (FRNT) token, marking a groundbreaking moment in state-level cryptocurrency adoption. Wyoming’s pioneering move represents more than just technological innovation. It signals a fundamental shift in how states can leverage blockchain technology with robust legal frameworks to modernize their financial infrastructure and maintain competitive advantages in the evolving digital economy.

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