Scott Maberry

Scott Maberry

Sheppard Mullin Richter & Hampton LLP

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The Future of the U.S.-Canada Trade Relationship in Light of the Election

The United States and Canada enjoy a unique bilateral relationship. That relationship reflects a unique friendship, underpinned by shared geography, similar values, common interests, deep connections and powerful,...more

11/22/2016 - Canada Cross-Border Transactions Donald Trump Economic Development Investment NAFTA Negotiations Tariffs Trade Agreements Trade Policy Trade Relations Trump Administration

Those Three Little Words: OFAC’s Subtle Language Shift Could Create Sweeping Change on Iran Investment

Article Highlights: - Non-U.S. banks can do business with Iran and continue their relationships with U.S. banks. - Non-U.S. companies may use proceeds from Iran transactions more freely, including in the United...more

10/11/2016 - Banking Sector Banks Financial Institutions Foreign Financial Institutions (FFI) Foreign Investment Iran Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) OFAC SDN List

Layover in Tehran: United States Authorizes Carriers to Land Civil Aircraft in Iran

On July 29, 2016, the U.S. Treasury Office of Foreign Assets Control (OFAC) cleared the runway for non-U.S. operators of civil aircraft to send flights into Iran. New “General License J” authorizes many Boeing, Airbus, and...more

8/18/2016 - Air Carriers Aircraft General Licenses Iran Iran Sanctions OFAC

The Revival of the Age of Antidumping and Countervailing Duty Cases

For the first time since the era of pagers, dial-up, and Y2K hysteria, U.S. trade remedy cases are experiencing a resurgence. Under U.S. law, U.S. producers of goods may petition the U.S. government to impose extra tariffs on...more

8/17/2016 - Anti-Dumping Duty Competition Countervailing Duties Exports Imports Remedies Tariffs Trade Preferences Extension Act (TPEA)

Flying the Too-Friendly Skies? Europe Opens Routes for Sanctioned Iran Airline

On June 20, 2016, you will be able to take a non-stop flight from Tehran to Paris . . . but you probably shouldn’t. According to its website, the Iranian airline Mahan Air will add the City of Lights to the list of...more

6/10/2016 - Airlines EU France Iran Iran Sanctions OFAC Public Private Partnerships (P3s) SDN List State-Owned Enterprises

New Business Opportunities in Iran! Who Will Be Your Banker? Non-U.S. Banks Hesitant to Process Lawful Iran Transactions…and for...

- Sanctions relief presents new business opportunities with Iran - Most U.S. companies are still prohibited from Iran business, but the U.S. government is encouraging lawful business by non-U.S. companies - The...more

4/21/2016 - Banking Sector Business Opportunities Financial Transactions Iran Iran Sanctions Non-US Entities

The Day of North Korea Sanctions: the UN Imposes the Toughest North Korea Sanctions Yet While OFAC and State Designate More North...

After weeks of negotiations and a Putin-backed delay, the UN Security Council unanimously adopted resolution 2270 on March 2, 2016, imposing new sanctions against North Korea. According to U.S. Secretary of State John Kerry,...more

3/4/2016 - Arms Embargo Asset Freeze Corporate Counsel Exports Imports North Korea Nuclear Weapons OFAC Sanctions SDN List UN Security Council Vessels WMD

US and EU Iran Sanctions Lifted: How to Proceed in the Aviation Sector?

On 16 January 2016, the United States and the EU lifted certain sanctions against Iran in compliance with the Joint Comprehensive Plan of Action (JCPOA) agreed among Iran, China, France, Germany, the Russian Federation, the...more

1/21/2016 - Aircraft Aviation Industry EU Implementation Day International Atomic Energy Agency Iran Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) OFAC SDN List

The Schrems Decision: How the End of Safe Harbor Affects Your FCPA Compliance Plan

Like a needle to a balloon, the Schrems decision has drastically altered the data privacy landscape. Who is affected? Everyone – consumers, corporations, employees. But who needs to take action? Any company with offices in...more

11/13/2015 - Binding Corporate Rules EU Data Protection Laws FCPA International Data Transfers Schrems v Data Protection Commissioner Standard Contractual Clauses US-EU Safe Harbor Framework

Iran Nuclear Deal Clears Senate Obstacle, But Will “Snap-Back” Bite?

On Thursday, September 10, 2015, U.S. Senate Democrats cleared a hurdle for the proposed Iran nuclear agreement by blocking a Senate resolution that would have rejected the deal. The result, in which Senate Republicans...more

9/18/2015 - Force Majeure Clause IAEA International Atomic Energy Agency Iran Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) Nuclear Power Nuclear Weapons P5+1 Nations UN Security Council

A Break From the Past: Historic Deal with Iran Marks A New Day in U.S.-Iran Relations

Today, President Obama announced a landmark agreement with Iran designed to prevent Iran from obtaining a nuclear weapon in exchange for lifting sanctions that have retarded the country’s development for the decades since the...more

7/15/2015 - Barack Obama Foreign Relations Iran Iran Sanctions JPOA Nuclear Power Nuclear Weapons OFAC P5+1 Nations Political Parties

America Turns A Page: Cuba Removed From U.S. List of State Sponsors of Terrorism

The United States officially removed Cuba from its list of State Sponsors of Terrorism today, according to an announcement by the U.S. State Department via Twitter. The change takes effect immediately, according to the...more

6/1/2015 - Arms Export Control Act Barack Obama Cuba Export Administration Regulations Foreign Relations Global Economy State Sponsors of Terrorism US Department of State

A Carriage of Justice: Obama to Remove Cuba from Terrorist Sponsor List

In a move that may honestly mean more to America than to Cuba, the White House has announced that President Obama will remove Cuba from the U.S. list of “State Sponsors of Terrorism.” The U.S. Department of State has listed...more

4/16/2015 - Arms Export Control Act Barack Obama Congressional Investigations & Hearings Cuba Embargo Sanctions State Sponsors of Terrorism

Update: Iran Nuclear Deal

Iran and the Western powers have agreed to agree again. On April 2, 2015, the so-called P5+1 (the United States, the UK, China, France, and Russia) along with the EU, have joined Iran in announcing that they have reached a...more

4/6/2015 - Iran Iran Sanctions Negotiations Nuclear Weapons P5+1 Nations United Nations

10 Things You Didn’t Know You Could Import From Cuba

One aspect of the dramatic shift in U.S. policy toward Cuba that has not been widely reported is a relaxation of the old rule prohibiting imports of most Cuban goods and services. Under the new rules, if your Cuban supplier...more

4/2/2015 - Cuba Economic Development Entrepreneurs Imports New Regulations OFAC Small Business

OFAC Issues Cuban Asset Control Regulations Focused on the U.S. Financial Sector

On January 15, 2015, the Department of Treasury’s Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations to implement changes in U.S. policy toward Cuba announced by President Obama on December...more

1/23/2015 - Amended Legislation Banking Sector Barack Obama Cuba Cuban Assets Control Regulations (CACR) Embargo Executive Orders Export Controls Exports Imports OFAC Sanctions Telecommunications Travel Permits U.S. Commerce Department U.S. Treasury

Havana Hold Your Hand: Reaching Out to Cuban Entrepreneurs

New regulations on Cuba enter into force today, only 29 days after President Obama promised them. The liberalized provisions focus on support for private sector actors in Cuba. As we described here, the President announced on...more

1/19/2015 - Banking Sector Barack Obama Cuba Entrepreneurs Exports Imports OFAC Telecommunications Trade Policy Travel

OFAC Issues Cuban Asset Control Regulations focused on the U.S. Financial Sector

Today, the Department of Treasury’s Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations to implement changes in U.S. policy toward Cuba announced by President Obama on December 17, 2014....more

1/16/2015 - Amended Regulation Banking Sector Cuba OFAC Sanctions Trade Relations

The First Law of International Dynamics: Sanctions May Be Transformed But Never Created or Destroyed

U.S. economic sanctions, by their nature, often change without warning. Since sanctions reflect U.S. foreign and national security policy, they must evolve rapidly with world events. Often, it seems that when one door is...more

1/16/2015 - Barack Obama Cuba Cyber Attacks Cybersecurity Foreign Relations National Security North Korea Sanctions Sony

A New Latitude: Charting a Course for Cuba

Today President Barack Obama made a stunning speech announcing steps the United States will take to reduce U.S. sanctions against Cuba. The announcement followed the release of two U.S. citizens held by the Cuban government....more

12/18/2014 - Barack Obama Cuba Foreign Relations

Military Electronics Export Reform: Let the Chips Fall Where They May

Every time there is a new round of reforms under the President’s Export Control Reform initiative, we hear the same advice: - Controls on certain items are eliminated or reduced (which creates new opportunities for...more

12/8/2014

New U.S. Restrictions on Russia: OFAC Guidance and Industry-Specific Sanctions

OFAC Expands the 50 Percent Rule - Last month, the Department of Treasury’s Office of Foreign Assets Control (OFAC) released new guidance related to entities owned or controlled by persons designated as a Specially...more

9/19/2014 - Foreign Policy OFAC Russia Sanctions

Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process

In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the...more

7/21/2014 - CFIUS Due Process Fifth Amendment Foreign Investment

Shelter from the Coming Storm: Anti-Corruption Compliance in European Public Procurement

A red sky at morning is the traditional harbinger of ill weather. From our vantage point in Brussels, we’ve scanned the horizon for signs of the future of anti-bribery enforcement activity in Europe. We’ve identified four...more

7/17/2014 - Anti-Corruption Enforcement EU European Commission Transparency

Russian Against Time: New Sanctions and Lowered Expectations as Ukraine Crisis Continues

There’s no end in sight for the turmoil in Ukraine. And there’s no end in sight for international sanctions against Russia for causing that turmoil. As sanctions escalate, so will the collateral damage. New sanctions...more

5/2/2014 - Foreign Policy Russia Sanctions Ukraine

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