The risks for international investments have sharply expanded in recent years. Identifying, managing, and mitigating investment risk, in the current regulatory environment, can be just as essential as managing risk in any...more
8/2/2024
/ Acquisitions ,
Anti-Corruption ,
Anti-Dumping Duty ,
Anti-Money Laundering ,
Antitrust Provisions ,
CFIUS ,
Compliance ,
Countervailing Duties ,
Due Diligence ,
ECCNs ,
Employee Training ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Imports ,
Mergers ,
Military Service Members ,
Multinationals ,
Supply Chain ,
Tariffs ,
Uyghur Forced Labor Prevention Act (UFLPA)
We have received several requests to publish a list of red flags pertinent to multinational organizations. To accommodate these requests, we are publishing a three-part series on anticorruption, export controls and economic...more
3/21/2024
/ Anti-Corruption ,
Buyers ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Multinationals ,
Regulatory Agenda ,
Risk Management ,
Sellers ,
Supply Chain ,
U.S. Commerce Department
We have received several requests to publish a list of red flags pertinent to multinational organizations. To accommodate these requests, we are publishing a three-part series on anticorruption, export controls and economic...more
3/7/2024
/ Anti-Corruption ,
Antiboycott Requirements ,
Billing ,
Compliance ,
Economic Sanctions ,
Enforcement ,
Ethical Standards ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Multinationals ,
Recordkeeping Requirements ,
Reputation Management ,
Risk Assessment ,
Risk Mitigation
We have received several requests for a list of the compliance policies that make sense for every multinational company. So, as a follow-up to our earlier two posts providing “twelve steps to international compliance” (see...more
1/4/2024
/ Anti-Corruption ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Antitrust Provisions ,
Books & Records ,
Code of Conduct ,
Compliance ,
Conflicts of Interest ,
Copyright ,
Customs ,
Cybersecurity ,
Data Protection ,
Document Retention Policies ,
Economic Sanctions ,
Ethics ,
Export Controls ,
Family and Medical Leave Act (FMLA) ,
Forced Labor ,
Foreign Corrupt Practices Act (FCPA) ,
Human Trafficking ,
Imports ,
Insider Trading ,
Internal Controls ,
Litigation Hold ,
Multinationals ,
Popular ,
Privacy Laws ,
Risk Mitigation ,
Social Media ,
Supply Chain ,
Trademarks ,
Uyghur Forced Labor Prevention Act (UFLPA)
In our prior update (published November 29), we provided the first five steps in our twelve-step program for international compliance. These steps are intended to help companies identify international regulatory risk inherent...more
12/14/2023
/ Antiboycott Requirements ,
Audits ,
Compliance ,
Customs ,
Economic Sanctions ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Controls ,
Policies and Procedures ,
Risk Assessment ,
SDN List ,
Supply Chain ,
Third-Party ,
Training
Record penalties for violations of U.S. regulations governing international conduct and transactions illustrate the risk of costly enforcement actions facing multinational companies. Yet, many multinational companies lack...more
11/30/2023
/ Anti-Corruption ,
Compliance ,
Customs ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Internal Controls ,
International Regulatory Standards ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Risk Assessment ,
Risk Mitigation ,
SDN List ,
Supply Chain ,
UK Bribery Act ,
USML
Did you know that whistleblowers can use the False Claims Act to get the U.S. Government to investigate allegations of lost revenue to the U.S. Treasury, including underpaid Customs tariffs? A large importer recently found...more
11/17/2023
/ Anti-Discrimination Policies ,
CAATSA ,
Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement ,
Export Controls ,
False Claims Act (FCA) ,
Forced Labor ,
Foreign Corrupt Practices Act (FCPA) ,
Human Trafficking ,
Importers ,
International Trade ,
Revenue ,
Russia ,
Whistleblowers
The U.S. Government continues to send compliance messages in a variety of international trade areas. Recent developments include clarifications from the Court of International Trade regarding how country of origin is to be...more
10/16/2023
/ Anti-Dumping Duty ,
Compliance ,
Countervailing Duties ,
Court of International Trade ,
Customs ,
Enforcement ,
Export Controls ,
Forced Labor ,
Human Trafficking ,
International Trade ,
Supply Chain ,
U.S. Commerce Department ,
US Enforce and Protect Act (EAPA)
Recent developments include fair warning from the Department of Justice that national security concerns can invade even ordinary business activities, a reminder that the False Claims Act increasingly is being used as a weapon...more
6/22/2023
/ Antitrust Division ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement ,
Export Administration Regulations (EAR) ,
Export Controls ,
False Claims Act (FCA) ,
International Trade ,
National Security ,
U.S. Commerce Department ,
Voluntary Disclosure
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)
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
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
On February 24, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) imposed sweeping restrictions on exports to Russia in response to an invasion of Ukraine...more
Over the last three years, the current administration has imposed the largest export controls penalty, the second-largest economic sanctions penalty, and four of the ten largest anti-bribery penalties of all time, signaling...more
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
Regulators within the Trump administration have sent a loud message that should concern all multinational automotive companies: laws governing international activities continue to be the subject of intense enforcement...more
5/25/2018
/ Anti-Corruption ,
Automotive Industry ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Extraterritoriality Rules ,
Foreign Corporations ,
Foreign Corrupt Practices Act (FCPA) ,
ITAR ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
Risk Assessment ,
Risk Management ,
SDN List ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Trade Policy ,
Trump Administration
Over the last month, regulators with the Trump administration sent a loud message to companies subject to U.S. jurisdiction: Enforcement of laws governing international activities is alive and well and the laws will continue...more
5/14/2018
/ Anti-Corruption ,
Antiboycott Requirements ,
Bribery ,
CEOs ,
CFIUS ,
Chief Compliance Officers ,
Code of Conduct ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Subsidiaries ,
Internal Audit Functions ,
Internal Controls ,
ITAR ,
Risk Assessment ,
Risk Management ,
SDN List ,
Securities and Exchange Commission (SEC) ,
Trump Administration
The election of President Trump contained more than a few positive signs for Private Equity (PE) firms. Promises of a lower corporate tax environment, a ten-percent tax holiday for funds parked overseas, large infrastructure...more
3/6/2017
/ Anti-Money Laundering ,
Antitrust Violations ,
CFIUS ,
Corporate Taxes ,
Cybersecurity ,
Data Privacy ,
Dodd-Frank ,
Due Diligence ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
ITAR ,
NAFTA ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Portfolio Companies ,
Private Equity ,
Repeal ,
Risk Assessment ,
Risk Mitigation ,
Trump Administration ,
Whistleblowers
The Trump administration has vowed to bring jobs back to the states. One of the methods it appears it’ll take advantage of is continued, aggressive enforcement of U.S. laws governing exports and international conduct....more
3/1/2017
/ Automotive Industry ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Extraterritoriality Rules ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Free Trade Agreements ,
Job Creation ,
Office of Foreign Assets Control (OFAC) ,
Publicly-Traded Companies ,
Supply Chain ,
Trade Policy ,
Trump Administration
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
New Rules Open Opportunities for Exports, Financial Services, and Travel-
On January 16, 2014, the U.S. Treasury Department issued new sanctions regulations easing the 54-year old Cuban embargo. Coming in the wake of...more
1/22/2015
/ Amended Regulation ,
Banking Sector ,
Barack Obama ,
Bureau of Industry and Security (BIS) ,
Cuban Assets Control Regulations (CACR) ,
Embargo ,
Executive Orders ,
Export Controls ,
Exports ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanctions ,
Telecommunications ,
Trade Relations ,
Travel Permits ,
U.S. Treasury
Foley’s Automotive Industry Team has prepared this overview of the major trends we see affecting automotive suppliers this year. While not all legal risk can be anticipated, companies that are aware of litigation,...more
1/12/2015
/ Americans with Disabilities Act (ADA) ,
Antitrust Provisions ,
Auto Parts ,
Automobile Recall ,
Automotive Industry ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Manufacturers ,
NHTSA ,
NLRB ,
Suppliers ,
V2V
President Obama recently announced changes to U.S.-Cuba policy, opening diplomatic relations with Cuba more than 50 years after the imposition of the Cold War-related sanctions against the country. The full scope of the...more