Imagine telling your company’s Board of Directors that the company will have to knowingly violate the law. Further, you might note, the American Law Institute’s Principles of Corporate Governance state that, with very limited...more
The U.S. House of Representatives passed a bill on Tuesday, July 10, expanding and increasing the powers of the Committee on Foreign Investment in the United States (CFIUS). The bill is called the Foreign Investment Risk...more
7/16/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Exemptions ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Investment ,
National Security ,
NATO ,
Pending Legislation ,
Technology Sector ,
Trump Administration
This week, there were reports that the Trump Administration would use emergency powers to restrict Chinese investment in the United States. On Wednesday, the White House backed away from that position after the House of...more
I spent last week in Seoul talking to clients about the latest changes to U.S. trade and sanctions policy (as South Korea is one of Iran’s largest trading partners, it is understandable that some concerns have arisen there in...more
6/8/2018
/ Business Opportunities ,
China ,
Cross-Border Transactions ,
Economic Sanctions ,
Foreign Investment ,
Foreign Relations ,
Infrastructure ,
North Korea ,
SDN List ,
South Korea ,
Trade Policy ,
Trump Administration
1. All sanctions on Iran that were in place before January 2016 will be re-imposed no later than November, 4 2018.
2. Secondary sanctions that penalize non-U.S. persons doing business with Iran will be reinstated.
3....more
5/14/2018
/ Economic Sanctions ,
Exports ,
Foreign Financial Institutions (FFI) ,
Foreign Policy ,
Foreign Relations ,
General Licenses ,
Goods or Services ,
Imports ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Trump Administration
Chinese investment in the United States plummeted in 2017 and is likely to continue to fall. According to the Wall Street Journal, Chinese foreign direct investment in the United States declined 36% last year, from $46.2...more
• CFIUS takes an unprecedented step to fend off a potential foreign acquisition
• The threat that China will eclipse the U.S. in telecommunications infrastructure and technology is central to U.S. national security
•...more
3/9/2018
/ 5G Network ,
Advisory Opinions ,
Board of Directors ,
Broadcom ,
CFIUS ,
China ,
Corporate Counsel ,
Cross-Border Transactions ,
Foreign Acquisitions ,
Foreign Investment ,
Hostile Takeover ,
Infrastructure ,
Mergers ,
National Security ,
Qualcomm ,
Smartphones ,
Stockholders' Meetings ,
Takeover Bids ,
Technology Sector ,
Telecommunications ,
US Trade Policies
Since the U.S. government determined that Russia interfered in the 2016 election, movement around Russia sanctions policy has been vigorous, if not unidirectional. Twice in 2016, the United States implemented sanctions...more
Our “trends for 2018” are only a selection of interesting developments to watch for in 2018.
Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given that it is the last...more
2/9/2018
/ Base Erosion Tax ,
Bid Rigging ,
Big Data ,
CFIUS ,
Competition ,
Competition Authorities ,
Cybersecurity ,
Data Protection ,
E-Commerce ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Direct Investment ,
General Data Protection Regulation (GDPR) ,
International Tax Issues ,
Legislative Agendas ,
Mergers ,
Multinationals ,
OECD ,
Premerger Notifications ,
Renewable Energy ,
Sports ,
Standstill Agreements ,
State Aid ,
Transportation Industry ,
TTIP ,
WTO
Since the U.S. Government determined that Russia interfered in the 2016 election, movement around Russia sanctions policy has been vigorous, if not unidirectional. In 2016, the United States implemented twice sanctions...more
2/9/2018
/ CAATSA ,
Defense Sector ,
Financial Institutions ,
Foreign Policy ,
Foreign Relations ,
National Security ,
Privatization ,
Russia ,
Sanctions ,
Secondary Sanctions ,
US Department of State
Introduction -
Our “trends for 2018” are only a selection of interesting developments to watch for in 2018.
Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given...more
1/24/2018
/ Athletes ,
Automated Transportation ,
Base Erosion Tax ,
Bid Rigging ,
Big Data ,
Carbon Emissions ,
CFIUS ,
Competition ,
Competition Authorities ,
Data Protection ,
E-Commerce ,
Electric Vehicles ,
Enforcement Actions ,
EU ,
European Commission ,
European Parliament ,
Foreign Direct Investment ,
GDP ,
General Data Protection Regulation (GDPR) ,
Geo-Blocking ,
Innovation ,
Legislative Agendas ,
Manufacturers ,
Merger Controls ,
Multinationals ,
NAFTA ,
Olympics ,
Online Distribution ,
Proposed Regulation ,
Sports ,
State Aid ,
Supply Chain ,
Tax Evasion ,
Technology Sector ,
Transportation Industry ,
TTIP ,
WTO
The U.S. Congress is currently considering legislation that would tap the brakes on foreign direct investment in the United States, particularly on investments in sensitive industries like artificial intelligence, robotics,...more
1/11/2018
/ Artificial Intelligence ,
CFIUS ,
China ,
FIRRMA ,
Foreign Direct Investment ,
Investors ,
Legislative Agendas ,
Robotics ,
Secretary of the Treasury ,
Semiconductors ,
Startups ,
Technology Sector
CFIUS is expanding its reach. Where the Committee on Foreign Investment in the United States has generally scrutinized foreign acquisition of U.S. “critical infrastructure,” it has now signaled that it may look closely at any...more
‘Tis the season to wonder, what will 2018 bring? We may speculate on things like a private company making a moon landing or a peace accord with North Korea. We may be certain of things like well-intentioned gym memberships...more
12/14/2017
/ CFIUS ,
China ,
Cybersecurity ,
Data Security ,
Foreign Direct Investment ,
Foreign Investment ,
Joint Venture ,
National Security ,
Personal Data ,
Popular ,
Proposed Legislation ,
Real Estate Transactions
The other day I spoke to a colleague at the U.S. Department of the Treasury who works in the Office of Investment Security and said, “I heard CFIUS filings were going to break last year’s record total.” He just laughed. He...more
On September 13, 2017, the EU Commission released a proposed regulation establishing a framework for screening Foreign Direct Investments (FDI) in Europe. Several EU Member States have already implemented national mechanisms...more
12/14/2017
/ CFIUS ,
Critical Infrastructure Sectors ,
EU ,
EUMR ,
European Commission ,
Foreign Direct Investment ,
Member State ,
National Security ,
Proposed Regulation ,
Screening Procedures ,
Technology Sector
What does decertification mean?
For the time being, decertification is a solely U.S. issue. Under the Iran nuclear agreement (known as the Joint Comprehensive Plan of Action, or JCPOA), Iran agreed to limits on its nuclear...more
10/13/2017
/ Automotive Industry ,
Banking Sector ,
Energy Sector ,
Financial Transactions ,
Foreign Subsidiaries ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Nuclear Weapons ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Shipping ,
Sovereign Debt
In our blog shop, most of the news we scan is the nerdy minutia of regulatory nuance. But the other day, we found big news, a real scoop. The ITAR will be rewritten to remove guns and ammunition from its control....more
On August 29, it was announced that the U.S. Department of Justice is considering an investigation into Uber, the San Francisco-based technology company that has expanded its ride-sharing service abroad to more than 70...more
On Monday, August 14, President Trump signed an executive memorandum directing U.S. Trade Representative Robert Lighthizer to consider a “Section 301” investigation against China....more
On July 17, 2017, the U.S. State Department certified that Iran continues to meet the conditions of the Iran nuclear agreement known as the Joint Comprehensive Plan of Action, or JCPOA. As a result, for the next 90 days, the...more
On July 27, 2017, the U.S. Congress sent to President Trump’s desk a bill that imposes new financial sanctions against Russia, Iran, and North Korea. It appears nearly certain that the president will sign that bill, now...more
8/2/2017
/ Energy Sector ,
EU ,
Foreign Relations ,
Mineral Exploration ,
Oil & Gas ,
Pending Legislation ,
Pipelines ,
Resource Extraction ,
Russia ,
Sanctions ,
Trump Administration
Ok, ok, don’t panic. Maybe not all of the millions of dedicated readers of this blog are in violation.
Nevertheless, as of June 1, if your company does business in France, it may be time to check your anticorruption...more
7/11/2017
/ Anti-Bribery ,
Anti-Corruption ,
Compliance ,
Deferred Prosecution Agreements ,
Extraterritoriality Rules ,
Fashion Industry ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
Risk Management ,
Sapin II ,
UK Bribery Act
On June 19, Commerce Secretary Ross mentioned at a Wall Street Journal CFO dinner that the Administration is now considering launching an investigation of semiconductor imports under Section 232 of the Trade Expansion Act of...more
Ok, ok, don’t panic. Maybe not all of the millions of dedicated readers of this blog are in violation.
Nevertheless, as of June 1, if your company does business in France, it may be time to check your anticorruption...more