top of page

Wake Up America: Foreign Policy Is Everyone’s Business

James Berger

Dear Friends and Colleagues:

CEOs, investors, entrepreneurs, corporate attorneys – and yes, even politicians of all varieties – today’s message is that if foreign policy risk assessment isn’t already on your agenda, it’s time for a change. Recent and accelerating shifts in US trade and regulatory enforcement could pose serious threats to your financial, legal and reputational interests – even if you have ZERO involvement in cross-border activities. Not an exporter? The US government might disagree. For example, US Department of Commerce Export Administration Regulations at Section 730.4(c) explains: “The release of technology to a foreign national in the United States through such means as demonstration or oral briefing is deemed an export. Other examples of exports under the EAR include the return of foreign equipment to its country of origin after repair in the United States, shipments from a U.S. foreign trade zone, and the electronic transmission of non-public data that will be received abroad.” Different than what you expected? Perhaps you haven’t kept up with recent American U2 observation flights over disputed Indo-Pacific waters and subsequent demonstrations of China’s self-described “carrier killer” missile system. In that case, let’s hope your business doesn’t have certain connections (whether you know it or not) with any of 24 Chinese companies added to a list of restricted entities LAST WEEK – a retaliation against China’s retaliation. Seems confusing? I'm not surprised. You’ll likely discover that simply learning where your (or any) business’s goods and services (especially parts) originate – and what they do – requires slightly more than a friendly phone call with IT. Then there’s Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019 (mostly put into effect August 13. 2020 with updates expected in September) which “prohibits executive agencies from entering into, extending or renewing, a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.” Under many circumstances, this provision – designed specifically to address alleged espionage conducted by Chinese telecom giant Huawei and its related corporations extends to US government contractors (often including their vendors and customers)And that's even when no direct connection exists between the banned technology and the government contract. During an election year in which “unitary executive theory” (the idea that the President has virtually unlimited power to establish regulations like those described above) is one of the biggest issues up for debate. Pretending the world beyond our borders doesn’t exist is a terrible strategy.

Instead, by seizing the initiative today, potentially enormous losses in financial and human capital can still be saved. Don't delay.

James Berger Global Enforcement Partner

 

All rights reserved. All content of this blog is the property and copyright of Jia Law Group and may not be reproduced in any format without prior express permission.

Contact marketing@jiaesq.com for more information or to seek permission to reproduce content. This blog is intended for general information purposes only. It does not constitute legal advice. The reader should consult with knowledgeable legal counsel to determine how applicable laws apply to specific facts and situations. Blog posts are based on the most current information at the time they are written. Since it is possible that the laws or other circumstances may have changed since publication, please call us to discuss any action you may be considering as a result of reading this blog.

DSC_2100.jpg

Request for a 
free consultation now!

One of our dedicated team members will contact you promptly to provide the support you need.

jialawgroupwebpayment.png

SOCIAL

Instagram.png
Facebook.png
social-wechat-circle-512.png
Linkedin.png
YouTube.png
weibo-icon.png
E-Verify_Logo_4-Color_CMYK_LG_JPG.jpg

E-Verify® is a registered trademark of the U.S. Department of Homeland Security

Pursuant to the amendments to the New York Rules of Professional Conduct governing attorney advertising in New York, this website may constitute advertising. Viewers of this website are advised that: Prior results do not guarantee a similar outcome. Attorney Advertising © 2025 Jia Law Group P.C. All Rights Reserved.

Icons made by Freepik from www.flaticon.com

LOCATIONS

New York Financial District Headquarters

88 Pine Street 18th fl

New York, NY 10005

347 - 897 - 6199

Irvine Office

8 Corporate Park, Ste 300

Irvine, CA 92606

949 - 430 - 6329

New York Flushing Office

136-20 38th Avenue, Ste 3B

Flushing, NY 11354

646 - 600 - 6566

Singapore Office

331 North Bridge Rd, Level 22 & 23 

Singapore 188720

Toronto Office

Coming soon ...

bottom of page