Following the release of the European Commission’s proposal for a Carbon Border Adjustment Mechanism (“CBAM Proposal”) on 14 July 2021 as part of the “Fit for 55” legislative package aimed at reducing the EU’s greenhouse gas...more
After journey of over four years, the EU adopted Regulation (EU) 2021/821, recasting the Dual-Use Regulation. The new rules will enter into force on 9 September 2021 and will entail stricter catch-all controls on non-listed...more
The European Union and the United Kingdom have each significantly expanded the scope of their sanctions against Belarus in response to the forced Ryanair aircraft landing in May. The new measures adopted target a significant...more
8/17/2021
/ Belarus ,
Belarus Sanctions ,
Dual Use Goods ,
Economic Sanctions ,
EU ,
European Investment Bank (EIB) ,
Export Controls ,
Exports ,
Military Goods ,
Popular ,
UK
On 7 December 2020, the EU adopted a global human rights sanctions regime. No individuals have been designated yet. Going forward, this means that companies should ensure that they conduct sanctions screening on all...more
The European Parliament, the European Commission, and the Council of the European Union (EU) reached an agreement on a revised Trade Enforcement Regulation to strengthen the protection of the EU trade interests in World Trade...more
11/3/2020
/ Bilateral Agreements ,
Corporate Counsel ,
Enforcement Guidance ,
EU ,
European Commission ,
European Parliament ,
Legislative Agendas ,
Trade Policy ,
Trade Relations ,
Trade Retaliation ,
WTO
The long-awaited application of the European Union (EU) Regulation on a framework for the screening of foreign direct investment (FDI) in the EU started yesterday, 11 October 2020. It is still early days to anticipate how the...more
Governments all over the world are continuing to take steps to strengthen their powers to intervene in foreign direct investments ("FDI") into their countries. These changes come at a time of increased scrutiny of foreign...more
On 29 June 2020, the Council of the European Union have included eleven officials in the list of natural and legal persons, entities and bodies subject to asset freezing measures and a travel ban. ...more
On 4 May 2020 the Council of the European Union have included six Nicaraguan officials in the list of natural and legal persons, entities and bodies subject to asset freezing measures and a travel ban....more
The EU has extended the export restrictions on certain items of Personal Protective Equipment (PPE) for a further period of 30 days.
On 24 April, the European Commission (Commission) extended the export controls on PPE...more
The Belgian federal agency for medicines and health products (AFMPS or FAGG) provides that Belgium acts as a logistical platform for certain medicinal products....more
Following requests from numerous Member States, on 3 April the European Commission (“Commission“) adopted Commission Decision (EU) 2020/491 (“the Decision“), which provides for relief from import duties and VAT for goods...more
The Daily Report is a compilation of COVID-19 (coronavirus) news briefs from around the world to help life sciences and health care companies stay current in this challenging time.
...more
4/9/2020
/ Duties ,
EIOPA ,
EU ,
Food and Drug Administration (FDA) ,
Imports ,
Life Sciences ,
Medical Devices ,
Medical Supplies ,
Moratorium ,
Over The Counter Drugs (OTC) ,
Personal Protective Equipment ,
Relief Measures ,
Tariffs ,
Value-Added Tax (VAT)
The disruption linked to COVID-19 already affects the global economy significantly, including M&A transactions in Europe and across the globe. On the regulatory side, many deals face challenges caused by national authorities'...more
In response to the global outbreak of the COVID-19 virus, the EU and various member states have taken measures to ensure continuity of supply of personal protective equipment (PPE) and address shortages of healthcare...more
Dutch competition authority imposes fine on company for deleted chat messages during a dawn raid -
The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during...more
3/23/2020
/ Antitrust Provisions ,
BSA/AML ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Monopolization ,
Threshold Requirements
The EU has imposed restrictions on exports of certain personal protective equipment (PPE), whether originating or not in the European Union, in response to the COVID-19 outbreak....more
For M&A transactions in Germany and beyond, Foreign Investment Control screenings have become an indispensable standard element to assess when structuring deals and planning for regulatory review. Similarly to merger control,...more
2/27/2020
/ Cross-Border Transactions ,
EU ,
Foreign Direct Investment ,
Foreign Investment ,
Germany ,
Investment Opportunities ,
Investors ,
Regulatory Reform ,
Regulatory Standards ,
Security Standards ,
Standard of Review ,
Standstill Agreements ,
Threshold Requirements
The EU regime for controlling the exports from the EU of products and/or technology that can be used for both civil and military purposes (dual-use items) is now 10 years old. As a result of the changes in technology and...more
Foreign investment continues to garner a great deal of attention. This trend is expected to continue as the global economy further integrates, the number of cross-border and international transactions keeps increasing, and...more
10/21/2019
/ China ,
Cooperation Initiative ,
Court of Justice of the European Union (CJEU) ,
Cross-Border Transactions ,
EU ,
Foreign Direct Investment ,
Foreign Investment ,
Member State ,
Merger Controls ,
National Security ,
Screening Procedures ,
Treaty on the Functioning of the European Union (TFEU)
The EU-UK agreement reached on 17 October 2019 ("Agreement") revises the Irish backstop with a new protocol on Ireland/Northern Ireland ("NI protocol")....more
10/21/2019
/ Customs ,
Customs Unions ,
Duties ,
EU ,
EU Single Market ,
Exports ,
Foreign Relations ,
Imports ,
Ireland ,
Member State ,
Northern Ireland ,
Territorial Disputes ,
Trade Policy ,
Trade Relations ,
UK ,
UK Brexit
Compliance with export control laws is one of the main challenges of a compliance department. Yet significant personal risks for management have put the topic high on the agenda of legal/compliance departments.
...more
8/9/2019
/ Covered Transactions ,
Dual Use Goods ,
EU ,
European Commission ,
Exports ,
Internal Controls ,
Policies and Procedures ,
Software ,
Strict Compliance ,
Technology ,
Trade Policy
The Court of Justice of the European Union (“Court”) just released its judgement in Case C-1/18 Oribalt Riga concerning the customs valuation methodologies applicable to generic medicines in the framework of consignment...more
Foreign direct investment (“FDI”) screenings have become a relevant factor for global transactions in recent years. More and more jurisdictions are introducing or ramping up their powers for scrutinising FDI, which parties to...more
Read the latest news on antitrust, competition and economic regulation (ACER) in this Winter's edition of our quarterly ACER newsletter.
...more
4/3/2019
/ Antitrust Provisions ,
Bid Rigging ,
CFIUS ,
Economic Development ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Direct Investment ,
Government Shutdown ,
Hold-Separate Remedies ,
Merger Controls ,
No-Poaching ,
Pharmaceutical Patents ,
Public Procurement Policies ,
Regulatory Standards ,
South Africa ,
UK Competition and Markets Authority (CMA)