Louis Rothberg

Louis Rothberg

Morgan Lewis

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Legal Bases for Iran Sanctions, Cuba Sanctions, and NAFTA

How easily can the Trump administration change the status quo? The International Emergency Economic Powers Act (IEEPA), 50 U.S.C §§1701-1707 enacted October 28, 1977, authorizes the US president to broadly regulate...more

1/4/2017 - Cuba Executive Orders International Emergency Economic Powers Act (IEEPA) Iran Iran Sanctions NAFTA Sanctions Trump Administration

New York Mandates Economic Sanctions Compliance Program

The New York rule became effective January 1, 2017. The New York State Department of Financial Services (DFS) has issued a regulation that requires certain New York regulated financial institutions to maintain programs...more

1/3/2017 - BSA/AML Compliance Department of Financial Services Economic Sanctions Financial Institutions OFAC

US Imposes New Sanctions on Russia for Cyber-attacks

Five entities and six individuals were sanctioned for interference with the 2016 US election. On December 29, 2016, President Obama issued a new executive order that expands the authority of the US Secretary of Treasury...more

1/3/2017 - Cyber Attacks Executive Orders Presidential Elections Russia Sanctions

Considerations for Travel to Iran to Explore Relaxed Trade Opportunities

Before booking your airfare, be mindful of these potential issues. In light of liberalized trade with Iran made possible by the Office of Foreign Assets Control’s (OFAC’s) General License H and the relaxation of US...more

9/2/2016 - Arrest Business Opportunities DHS Dual Citizenship International Travel Iran Iran Sanctions OFAC Trade Options Travel US Department of State Visa Waiver Program Visas

Export Regulation Revisions: Harmonization of Destination Control Statements

New rules synchronize Destination Control Statements for EAR and ITAR. On August 17, both the US Commerce Department’s Bureau of Industry and Security (BIS) and the US State Department’s Directorate of Defense Trade...more

8/22/2016 - BIS DDTC EAR Export Controls ITAR US Department of State

OFAC Cites Violations in Dealings with Specially Designated Nationals

Insurance companies and financial institutions are targeted. On August 2, the US Department of the Treasury's Office of Foreign Assets Control (OFAC) issued a Finding of Violation against two different insurance...more

8/5/2016 - Banks Financial Institutions Foreign Narcotics Kingpin Sanctions Global War on Terror (GWOT) Health Insurance Insurance Companies Iran Sanctions OFAC SDN List

Iran Secondary Sanctions Relaxation: Effect on Shipping and Related Activities

Shipping companies should be mindful of restrictions that still apply. The relaxation of Iran sanctions that the United States implemented on January 16, 2016—“Implementation Day” for the Joint Comprehensive Plan of...more

2/23/2016 - Foreign Entities Foreign Persons Implementation Day Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) Shipping Visas

“Implementation Day” Arrives, Triggering Relaxation of US Sanctions against Iran

The impact of Implementation Day will vary depending on whether you are a US Person, a US-owned or controlled Foreign Entity, or a Foreign Person with no US nexus—what’s your status? ...more

1/20/2016 - Exports Foreign Entities Implementation Day Imports Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) Licensing Rules OFAC SDN List

US Government Further Relaxes Trade Restrictions with Cuba

However, the new transaction rules leave the embargo largely in effect. Early this week, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and...more

9/23/2015 - BIS Cuba EAR Embargo Exporters Exports Financial Transactions Foreign Bank Accounts Imports International Travel Internet Obama Administration OFAC Office Space Online Education Sanctions Services Shipping Telecommunications Trade Restrictions Travel U.S. Commerce Department U.S. Treasury Warehouses

State Sponsor of Terrorism Amendment Made to EAR Regarding Cuba

Amendment triggers change in EAR de minimis level for controlled US-origin content in foreign made products. On April 14, US President Barack Obama submitted to Congress the statutorily required report indicating the...more

9/3/2015 - Barack Obama Cuba De Minimus Quantity Exemption Embargo Export Administration Regulations Export Controls Exports ITAR State Sponsors of Terrorism U.S. Commerce Department

Switzerland Is the First Country to Lift Some Sanctions on Iran

Certain US sanctions on Iran may be lifted mid to late 2016 or even later. On August 13, Switzerland became the first country to formally lift certain sanctions on Iran, following the announcement of the Iran nuclear...more

8/17/2015 - Executory Contracts Implementation Day Iran Iran Sanctions Non-US Entities Nuclear Power OFAC Switzerland

Potential Upstream Investment Under the New Iranian Petroleum Contract

The signing of the JCPOA regarding Iran nuclear sanctions may usher in a new era of major international investment in the Iranian oil and gas industry....more

7/24/2015 - Cost Recovery Crude Oil Energy Sector Foreign Investment IAEA Iran Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) Joint Venture Natural Gas OFAC Oil & Gas Oil Reserves P5+1 Nations

Executive Order Blocks Property of Those Engaging in Malicious Cyber Activities

The executive order enables US government agencies to block the assets of any foreign person determined to have engaged in malicious cyber-enabled activities....more

4/7/2015 - Barack Obama Blocked Entities Blocked Person Critical Infrastructure Sectors Cyber Crimes Cybersecurity Executive Orders National Security OFAC

Certain Goods and Services Now Eligible for Importation into the United States from Cuba

The U.S. Department of State published its Section 515.582 List that outlines which goods and services produced by independent Cuban entrepreneurs are eligible for importation into the United States....more


SEC Recommends "Localized" FCPA Controls For Foreign Subsidiaries

The SEC investigation found that the respondent lacked sufficient internal controls to prevent and detect approximately $230,000 in improper payments made by its China-based offices that falsely recorded the payments in books...more


OFAC Sanctions Compliance Provisions in Various Agreements

Due to costly settlements secured by U.S. regulatory agencies, banks, insurers, and corporations are increasingly inserting rigorous OFAC sanctions compliance language into their credit agreements, insurance policies,...more

1/16/2015 - Banks Chief Compliance Officers Commercial Insurance Policies Compliance Contract Drafting Counterparty Risk Insurance Industry Loan Agreements OFAC Purchase Agreement Sanctions Underwriting Agreements

President Obama's New Executive Order Blocks Trade to Crimea

The executive order bans the export of goods, technology, and services to the Crimea region of Ukraine, but that’s not all it does. On December 19, 2014, U.S. President Barack Obama issued Executive Order #13685,...more

1/16/2015 - Crimea Executive Orders Export Controls Licenses OFAC Ukraine

President Obama Announces Sweeping Changes to United States’ Diplomatic Relationship with Cuba

No changes in connection with the U.S. – Cuba embargo and sanctions will be effective until OFAC and the Commerce Department formally revise their respective regulations and general licenses to implement the President's new...more

12/19/2014 - Barack Obama Cuba Embargo Foreign Relations Sanctions

New Senate Bill Significantly Expands U.S. Sanctions Against Russia

The bill, if passed, would impose severe sanctions on “foreign persons” that make significant investments in Russian crude oil projects....more

12/10/2014 - Arms Export Control Act Banking Sector Defense Sector Export Controls Exports Foreign Investment Foreign Nationals Oil & Gas Pending Legislation Russia Sanctions

OFAC Sanctions Compliance Provisions in Agreements

Due to costly settlements secured by U.S. regulatory agencies, banks, insurers, and corporations are increasingly inserting rigorous OFAC sanctions compliance language into their credit agreements, insurance policies, and...more

12/4/2014 - Acquisition Agreements Banks Compliance Contract Drafting Counterparty Risk Credit Agreements Insurance Industry OFAC Sanctions

OFAC Settlement Extends Violations to “Support Service” Providers

OFAC stated that an insurance company and its affiliates violated OFAC regulations by providing insurance support services for policies that were issued to, or provided coverage for, persons designated on the OFAC Specially...more


Revised OFAC Guidance on "Shadow" SDNs

OFAC expands the scope of its 50% rule. On August 13, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued “Revised Guidance on Entities Owned by Persons Whose Property and Interests in...more

8/25/2014 - Asset Freeze Blocked Entities Blocked Person Fifty Percent Rule OFAC SDN List U.S. Treasury

U.S. Department of Commerce Implements New Russian Oil and Gas Sanctions

The sanctions directly affect companies involved in Russia's oil and gas industries by imposing new export license requirements....more

8/7/2014 - BIS Export Administration Regulations Export Controls Exports Licensing Rules OFAC Oil & Gas Russia Sanctions SDN List U.S. Commerce Department Ukraine

Temporary Iran Sanctions Relief

Relief is very limited and alleviates threat of sanctions regarding transactions by non-U.S. or foreign persons. On January 30, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) published...more

2/7/2014 - Foreign Policy Iran Iran Sanctions OFAC U.S. Treasury

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