Both enforcement agencies and consumers increasingly are focused on manufacturers’ supply chains. Human rights enforcement frameworks increasingly have real teeth. Both the United States and the European Union either have, or...more
6/8/2023
/ Compliance ,
Consumers ,
Country of Origin ,
Due Diligence ,
Enforcement ,
EU ,
Human Rights ,
Manufacturers ,
Modern Slavery Act ,
Office of Foreign Assets Control (OFAC) ,
Risk Management ,
Slavery ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA)
Did you read this week’s article on supply chain integrity? If so, you won’t be surprised to see this week’s International Trade update includes a timely reminder regarding avoiding the use of forced labor in its supply...more
6/8/2023
/ Anti-Money Laundering ,
Compliance ,
Customs and Border Protection ,
Enforcement ,
Federal Trade Commission (FTC) ,
Forced Labor ,
International Trade ,
Jurisdiction ,
Made in the USA ,
Supply Chain ,
Tariffs
Recent developments include significant antitrust penalties, the issuance of CBP compliance guidance regarding the Uyghur Forced Labor Prevention Act, increasing emphasis on economic sanctions, “the new FCPA,” and the...more
5/25/2023
/ Anti-Corruption ,
Anti-Dumping Duty ,
Compliance ,
Cross Border Privacy Rules (CBPR) ,
Economic Sanctions ,
Enforcement ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
International Trade ,
Non-Compete Agreements ,
Uyghur Forced Labor Prevention Act (UFLPA)
The international trade and regulatory environment never has been more difficult for multinational corporations to navigate. For companies that operate, source from, or sell goods, software, or services across borders, legal...more
5/11/2023
/ Audits ,
Compliance ,
Customs and Border Protection ,
Duties ,
Enforcement ,
False Claims Act (FCA) ,
Forced Labor ,
International Trade ,
Penalties ,
Risk Assessment ,
Tariffs
Recent developments include the U.S. government using novel legal theories to expand jurisdiction over banking activities outside the United States, the imposition of hundreds of millions of dollars of penalties on companies...more
Many have viewed corporate commitments to ESG as largely performative measures amidst toothless compliance frameworks. But this has been changing and we expect that change to continue. One example arises out of the “S” in...more
12/20/2022
/ Child Labor ,
Compliance ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
EU ,
Forced Labor ,
Imports ,
Proposed Regulation ,
Supply Chain ,
Trade Facilitation and Trade Enforcement Act ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more
7/7/2022
/ Artificial Intelligence ,
Audits ,
BPA ,
China ,
Climate Change ,
Compliance ,
Consumer Product Safety Commission (CPSC) ,
Copyright ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Ethics ,
False Advertising ,
Food and Drug Administration (FDA) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Human Rights ,
ICFR ,
Internet of Things ,
Investment ,
Liability ,
Machine Learning ,
Manufacturers ,
Mexico ,
Model Contract Clauses ,
NLRA ,
NLRB ,
Office of Foreign Assets Control (OFAC) ,
Patents ,
PFAS ,
Popular ,
Proposed Rules ,
Remote Working ,
Risk Management ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Supply Shortages ,
Sustainability ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
Trade Secrets ,
Unions ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA)
Beginning on February 24, 2022, the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) and the U.S. Department of State imposed several successive waves of economic sanctions on Russia following the...more
3/3/2022
/ Australia ,
Belarus ,
Bureau of Industry and Security (BIS) ,
Compliance ,
Economic Sanctions ,
EU ,
Executive Orders ,
Export Controls ,
Financial Institutions ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
SWIFT ,
Switzerland ,
UK ,
Ukraine
1. Customs Compliance Will Continue to be Essential Under the New Administration -
Under the Trump administration, customs matters came to the forefront of compliance attention for many automotive companies. This was...more
3/31/2021
/ Automotive Industry ,
Biden Administration ,
Compliance ,
Customs and Border Protection ,
Enforcement Actions ,
Free Trade Agreements ,
International Trade ,
Section 232 ,
Tariffs ,
Trade Wars ,
United States-Mexico-Canada Agreement (USMCA)
The unprecedented challenges created by the COVID-19 pandemic and resulting government lockdowns could strain even the most robust compliance programs. Companies have been appropriately focused on business preservation during...more
With the Trump administration having put in place the largest export controls penalty of all time, the second-largest economic sanctions/OFAC penalty, and five of the ten largest FCPA penalties, international regulatory risk...more
6/13/2019
/ Chief Compliance Officers ,
Compliance ,
Due Diligence ,
Enforcement ,
Export Administration Regulations (EAR) ,
Foreign Corrupt Practices Act (FCPA) ,
International Trade ,
Multinationals ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Standards ,
Risk Management ,
Supply Chain
We are now two years into the current presidential administration and regulators have imposed three of the ten largest Foreign Corrupt Practices Act penalties in history and the largest export controls penalty of all time....more
2/26/2019
/ Anti-Corruption ,
Antitrust Provisions ,
Audits ,
Automotive Industry ,
Compliance ,
Department of Justice (DOJ) ,
Export Controls ,
Exports ,
FBI ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Controls ,
Multinationals ,
Risk Assessment ,
Risk Management ,
Supply Chain
Since mid-2000s investigation of Siemens, and the resulting $800 million penalty for violations of the Foreign Corrupt Practices Act (FCPA), the FCPA has been an enforcement priority of the U.S. Government. Although a dip in...more
5/12/2017
/ Anti-Bribery ,
Anti-Corruption ,
Anti-Money Laundering ,
Bribery ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Corruption ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Enforcement Actions ,
Federal Pilot Programs ,
Foreign Corrupt Practices Act (FCPA) ,
ISO ,
ISO 37001 ,
Regulatory Agencies ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
Whistleblower Protection Policies ,
Yates Memorandum
Enforcement activity under the Obama administration often made headlines for the eye-popping level of fines, with the Foreign Corrupt Practices Act (FCPA), Anti-Money Laundering (AML) regulations, and economic sanctions...more
2/11/2017
/ Affordable Care Act ,
Anti-Corruption ,
Anti-Money Laundering ,
Attorney General ,
Bribery ,
CFIUS ,
Civil Monetary Penalty ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Penalties ,
Criminal Prosecution ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Dual Use Goods ,
Economic Sanctions ,
Employee Training ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Extraterritoriality Rules ,
False Claims Act (FCA) ,
FBI ,
Financial Fraud ,
Foreign Corrupt Practices Act (FCPA) ,
Healthcare Fraud ,
Internal Audit Functions ,
Internal Controls ,
ITAR ,
Multinationals ,
NAFTA ,
Office of Foreign Assets Control (OFAC) ,
Political Appointments ,
Risk Management ,
Risk Mitigation ,
Securities and Exchange Commission (SEC) ,
Terrorist Financing Regulations ,
Trump Administration ,
U.S. Commerce Department ,
Whistleblower Awards ,
White Collar Crimes ,
Yates Memorandum
During the campaign, U.S. Customs & Border Protection (CBP) was mostly mentioned by President Trump in the context of illegal immigration. Controlling the flow of people, however, is only one of the jobs of CBP, which is part...more
2/9/2017
/ Anti-Dumping Duty ,
Audits ,
Bonds ,
C-TPAT ,
China ,
Compliance ,
Corporate Counsel ,
Countervailing Duties ,
Country of Origin ,
Criminal Penalties ,
Customs and Border Protection ,
Data Collection ,
Department of Justice (DOJ) ,
Due Diligence ,
Exports ,
False Claims Act (FCA) ,
Forced Labor ,
Illegal Imports ,
Immigration Reform ,
Imports ,
Intellectual Property Protection ,
Mexico ,
NAFTA ,
Tariffs ,
Trade Facilitation and Trade Enforcement Act ,
Trump Administration
Foley’s Automotive Industry Team has prepared this report that examines what the litigation, enforcement, and regulatory landscape will look like in 2017. Inside, you will learn about:
- Managing warranty, recall, and...more
1/13/2017
/ Antitrust Violations ,
Automobile Recall ,
Automotive Industry ,
Compliance ,
Connected Cars ,
Contract Disputes ,
Cybersecurity ,
Employer Liability Issues ,
Federal Contractors ,
NHTSA ,
Safety Standards ,
Small Business ,
Trump Administration ,
Warranties
Who could dislike the title of this post? It promises to solve all your compliance problems and keep your business out of litigation. Were it only that simple.
Of course, it is not. But, when it comes to compliance,...more
The penalties for compliance missteps have never been higher — particularly in the international regulatory context. As the record-setting penalties against BNP Paribas (nearly $9 billion in penalties for violations of...more
We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you...more
In last month’s newsletter, we discussed how developments in 2012 had considerably tightened sanctions against Iran, including through the first-ever application of sanctions to separately incorporated subsidiaries of U.S....more
Multinational companies in the automotive supply sector could face heightened enforcement risks under new sanctions on Iran. Effective March 8, 2013, U.S. parent companies will become liable for Iran-related sanctions...more
For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be...more