James R.M. Killick

James R.M. Killick

White & Case LLP

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Sanctions implications of the nuclear deal between Iran and the international community

Yesterday, an important tentative deal was agreed between the P5+1, the European Union, and Iran. Below, we look at what elements of the current sanctions could potentially be suspended or lifted if final agreement is reached...more

4/8/2015 - Iran Iran Sanctions JPOA Nuclear Power Nuclear Weapons

EU Competition Commissioner proposes a competition inquiry in the e-commerce sector

On 26 March 2015, the European Commissioner in charge of competition policy, Margrethe Vestager, announced a potential competition inquiry in the e-commerce sector. According to the Commission, the proposed inquiry is aimed...more

3/31/2015 - Competition E-Commerce EU European Commission Internet Retailers Notice of Inquiry

Recidivism revisited

Court of Justice holds parent companies may be fined for repeat infringements even without being an addressee of the earlier decisions - On 5 March 2015, the European Court of Justice (CoJ) handed down its judgment in...more

3/20/2015 - Antitrust Investigations Cartels EU Parent Corporation Recidivism Repeat Offender Subsidiaries

US Imposes Additional Ukraine/Russia- Related Sanctions By Designating Individuals and Entities Pursuant to Executive Orders 13660...

On March 11, 2015, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued further designations pursuant to Executive Order 13660 (EO 13660) and Executive Order 13685 (EO 13685). EO 13660, which was...more

3/13/2015 - Crimea Executive Orders OFAC Political Corruption Russia Sanctions Ukraine

EU asset freeze developments: Ukraine state fund misappropriation list, Syria, Libya

The EU has recently removed four persons from its asset freeze list featuring persons deemed responsible for misappropriation of Ukrainian state funds, and added 13 parties to the Syria related asset freeze list. In addition,...more

3/11/2015 - Asset Freeze EU Libya Misappropriation State Funding Syria Ukraine

EU adds more separatists and five Russian officials to Ukraine related asset freeze list

The EU has extended its sanctions in relation to Ukraine by adding 19 persons and nine entities to the asset freeze list. These newly designated parties are deemed to be actively involved in separatist activities in Eastern...more

2/17/2015 - Asset Freeze EU Sanctions Ukraine

After a busy 2014 for sanctions, what can we expect in 2015?

2014 was a very eventful year for sanctions, with both the European Union (EU) and United States (US) making extensive use of trade sanctions to attain foreign policy goals. Certain sanctions measures against Iran were (and...more

2/11/2015 - Crimea Cuba EU Iran Iran Sanctions Russia Sanctions SDN List SSI List Sudan Ukraine

European Commission extends State aid probe into Belgian tax scheme

The European Commission (“Commission”) has opened a fifth formal State aid investigation into national tax rulings. This investigation concerns the Belgian “excess profit” provision, which allows multinational groups to...more

2/10/2015 - Amazon Apple Belgium Corporate Taxes EU European Commission Fiat Government Investigations Starbucks

Crimea-related Developments: OFAC Issues Authorizations for Certain Crimea-related Communications Activity and Personal...

On January 30, 2015, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued three General Licenses, authorizing certain personal remittances, the operation of personal accounts and certain mail and...more

2/5/2015 - BIS Crimea General License International Remittance Transfers OFAC Ukraine

OFAC Issues General License Authorizing Certain Activities Necessary to Wind Down Operations Involving Crimea

On December 30, 2014, the US Department of the Treasury's Office of Foreign Assets Control (OFAC) issued General License 5, authorizing until February 1, 2015 certain activities otherwise prohibited by Executive Order 13685...more

1/2/2015 - Crimea Executive Orders OFAC Ukraine Winding Down

The Glencore giant, the law’s Lilliputians, and the mining and metals markets: Glencore-Rio Tinto II: Can it negotiate the merger...

James Killick, John Tivey, Rebecca Campbell, Jan Jeram and Anthony Elghossain of global law firm White & Case examine the process and the issues that may arise should such a deal come to fruition. The market’s been...more

12/29/2014 - Glencore Market Participants Metals Mining Popular UK

US Issues Executive Order Prohibiting Crimea-Related Transactions and General License No. 4 Authorizing Humanitarian Exports to...

On December 19, 2014, President Obama signed an Executive Order (EO) prohibiting a broad range of transactions related to the Crimea region of Ukraine and authorizing the United States to impose sanctions on certain persons...more

12/23/2014 - Barack Obama Crimea Executive Orders Exports OFAC Sanctions SDN List Ukraine

President Signs Russia Sanctions Law But Does Not Intend To Impose New Sanctions At This Time

On December 18, 2014, President Obama signed into law the Ukraine Freedom Support Act of 2014 (the “Act”), authorizing sanctions related to Russia’s defense, energy, and financial sectors. The Act is the latest in US...more

12/19/2014 - Banking Sector Barack Obama Defense Sector Energy Sector New Legislation Russia Sanctions Ukraine

DG COMP’s 5th monitoring report: time for guidance please!

DG Competition of the European Commission just published its 5th patent monitoring report. It covers patent settlements entered into in 2013. Each year, the Commission claims that the report shows a “steady increase” of...more

12/12/2014 - Annual Reports EU European Commission Patents

Will the European Court force Germany to bid farewell to Orange Book?

The Advocate General’s advisory Opinion in the Huawei v. ZTE FRAND Case (C- 170/13) would, if followed by the full European Court of Justice (ECJ), usher in a significant shift in the playing field in German litigation on...more

12/1/2014 - Germany Patent Litigation Patents Standard Essential Patents

EU adds separatist names to Ukraine-related asset freeze list

As per a recent request from the EU Council, the EU has extended its sanctions in relation to Ukraine by adding 13 persons and five organizations to the asset freeze list based on their involvement in recent elections in the...more

12/1/2014 - Asset Freeze Sanctions UK Ukraine

Iran sanctions suspension extended, and other EU sanctions news (Syria, Belarus, Serbia/Montenegro)

This alert summarizes certain recent EU sanctions developments with respect to Iran, Syria, Belarus, and Serbia/Montenegro. In sum, they are as follows: • Iran: Today, the EU decided to extend the existing temporary...more

11/26/2014 - EU Extensions Iran Sanctions JPOA P5+1 Nations Sanctions

Global Investigations: Reading The Signals

As the global economy recovers, how will regulators respond? Experts provide perspectives on trends in regulatory and corporate investigations. Global trends in regulation - In the wake of the financial crisis,...more

10/16/2014 - Compliance Cross-Border Cross-Border Transactions Enforcement Foreign Policy Investigations Multinationals Russia Sanctions UK Bribery Act Ukraine

United States Tightens Sanctions Against Russian Financial, Defense, and Energy Sectors

On September 12, 2014, the United States issued another round of targeted sanctions against the Russian financial, defense, and energy sectors. Today’s measures were a combination of new measures and modifications of prior...more

9/15/2014 - Banking Sector Defense Sector Energy Sector Russia Sanctions SSI List

New EU Russia sanctions: ban on oil project services; wider capital market sanctions (loans and credit, shorter-term equity, with...

Today, the EU published a second round of targeted sanctions against Russia. These new measures expand the EU’s existing Russia sanctions and restrict access to capital markets covering certain loans and credit, trade in...more

9/12/2014 - Asset Freeze Capital Markets Defense Sector Energy Sector EU Oil & Gas Russia Sanctions SDN List SSI List Travel Ban

EU Sanctions Against Russia: Possible Effects on Aircraft Sector

Against the background of recent European Union (EU) sanctions targeting Russian airline Dobrolet, this note provides a general overview of relevant issues – especially in the context of the aircraft sector. I....more

8/22/2014 - Airlines Asset Freeze EU Russia Sanctions

OFAC Issues Revised Guidance on Aggregation of Ownership Interests

On August 13, 2014, the US Treasury Department’s Office of Foreign Assets Control (OFAC) issued revised guidance with respect to the “50% Rule,” which established that an entity owned 50% or more, directly or indirectly, by a...more

8/15/2014 - Aggregation Rules Executive Orders OFAC Sanctions SDN List

Technical infringements receive stiff fines from the European Commission

Both the Electrabel case and the Marine Harvest case serve as harsh wake-up calls that companies and their antitrust advisers must adopt a high level of caution when analysing whether a transaction must be notified under the...more

8/12/2014 - EU EUMR European Commission Infringement Mergers

US Expands Export Restrictions on Russia and Targets Russian Energy Sector

On August 1, 2014, the Bureau of Industry and Security (BIS) announced further export restrictions targeting Russia generally and the Russian oil and gas sector in particular, effective August 6, 2014. This action implements...more

8/8/2014 - BIS Energy Foreign Policy Russia Sanctions

EU imposes targeted Russia sanctions (banks, arms and oil sectors); imposes Crimea/Sevastopol trade/investment restrictions and...

The EU has adopted and published targeted sanctions against Russia covering banks, the oil sector and arms in response to the situation in Ukraine. The new sanctions include an EU ban on purchase or sale (and related...more

8/4/2014 - Energy EU Foreign Policy Oil & Gas Russia Sanctions Trade Policy

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