Administrative Agency International Trade Government Contracting

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2013 Enforcement Predictions

I always like to make predictions at the beginning of each year. My track record is plus and minus – sometimes on target, sometimes off-target. The biggest story in the last five years has been the rise of FCPA...more

Trade & Manufacturing Alert - January 2013

In This Issue: - DOE Accepting Comments On Liquid Natural Gas Export Study - Positive Developments Improve The Business Case For Returning Manufacturing To The United States - Stainless Steel Sinks Industry Sees...more

UK Public Procurement Law Digest: In-house Tender Rules for Mutuals and Shared Services

Many government entities across Europe deliver services through municipal or public-owned companies. Such entities are less common in the UK, although the issue is increasingly on the agenda, with a strong preference...more

Immigration Compliance: Seven Deadly Mistakes for Employers

Based on information provided by the Department of Homeland Security (“DHS”) and various year-end publications about the actions brought against employers for immigration violations in 2012, we have compiled a short list of...more

ITAR End-Use Investigations Reveal Compliance Priorities

As many exporters know, the U.S. government conducts investigations under the so-called “Blue Lantern” program to monitor end-use compliance in defense trade exports. On October 23, 2012, the U.S. Department of State,...more

New Executive Order on Iran Places U.S. Parents and Their Foreign Subsidiaries at Risk of U.S. Sanction

President Obama on October 9, 2012 issued the Executive Order required by Section 218 of the Iran Threat Reduction and Syria Human Rights Act of 2012. The new Order for the first time applies Iranian sanctions to...more

Mexico Enacts Anti-Corruption Law for Federal Government Contracting

New law imposes heavy sanctions on individuals and companies offering money and gifts to obtain an advantage in the procurement of public contracts. Mexico has joined a growing number of Latin American countries that...more

Intelligence Committee Calls for Expansion of CFIUS Jurisdiction

On October 8, 2012, the House Intelligence Committee issued a damning bi-partisan report on what it perceived to be national security risks posed by two Chinese telecommunications companies: Huawei and ZTE. The committee...more

California Proposes New Law To Deal With Underground Economy

California Senate Bill 1185 (SB 1185) is a new effort aimed at the underground economy in the State, estimated to be valued at between $60 billion and $140 billion each year. Underground transactions prevent the State from...more

Local Governments Facing Tough Times, Bankruptcy

What do Stockton, San Bernardino and Mammoth Lakes,California have in common? If you were thinking about warm weather, plenty of sunshine and the California lifestyle, you might be right, but that’s not the answer we’re...more

Want a Federal Government Contract? Now You Must Join the Fight Against Human Trafficking

On September 25, 2012, President Obama signed a groundbreaking Executive Order designed to strengthen protections against trafficking in persons in federal contracting. Among other requirements, the Executive Order requires...more

ITAR Enforcement Digest

The purpose of this digest is to provide a legal and compliance practitioner's reference guide on the enforcement of international defense trade controls in the United States, with an emphasis on the U.S. State Department's...more

THE NEW NIGERIA TAX LAW, FREE TRADE ZONE AND START YOUR BUSINESS.

WITH THE NEW TAX LAW, through FOREIGN DIRECT INVESTMENT SCHEME; AS INVESTOR, ENTREPRENEUR, DOING BUSINESS WITHIN NIGERIA FREE TRADE ZONES: You have right, to do business in Nigeria without paying tax in return, as a result...more

Imagine a “Mandatory” Disclosure Requirement: It’s Easy if You Try

The Justice Department urges companies to voluntarily disclose FCPA violations. In exchange for a confession, DOJ offers companies two important benefits: (1) absolution for any criminal activity; and (2) a reduced criminal...more

UK Public Procurement Law Digest: Clarity on Clarification of Tenders

One of the most frequently disputed areas of European public procurement is the extent to which a contracting authority has the right or obligation to ask a bidder to explain aspects of its tender. The European Court of...more

Nueva Ley Federal Anticurrupción en Contrataciones Públicas

La nueva Ley Federal Anticorrupción en Contrataciones Públicas (la "Ley Anticorrupción"), entró en vigor el día 12 de junio de 2012. La presente Ley tiene por objeto establecer las responsabilidades y sanciones a las personas...more

Mexico's New Federal Anti-Corruption in Public Contracts Law

Mexico's new federal Anti-Corruption in Public Contracts Law (the "Anti-Corruption Law") became effective on June 12, 2012. The Law establishes liabilities and penalties on foreign and Mexican individuals and corporations who...more

Senate Armed Services Committee Releases Final Report on Counterfeit Electronic Parts in the Defense Supply Chain

After a year-long investigation that involved the review of more than 100,000 pages of documents submitted by DoD, electronic parts manufacturers, defense contractors and subcontractors, electronic parts testing laboratories...more

There are Two Nationalities for the Nation of the United States

Discover that since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, there is a citizen of the United States, who is not a citizen of the several States (united) and a citizen of the several States...more

Free Trade Agreement Updates - Changes to the WTO GPA and KORUS FTA

In December 2011 the World Trade Organization reached an agreement in principle to implement “historic revisions” to the World Trade Organization Government Procurement Agreement (WTO GPA), a trade agreement covering the...more

UK Public Procurement Law Digest: Non-EU Bids on EU Public Contracts

The European Union’s rules on government procurement have traditionally been admirably open and non-discriminatory, with none of the “Buy Local” preferences found elsewhere in the world. That seems likely to change in...more

Mandatory Debarment for FCPA Violations? A Bad Idea Whose Time Should Never Come

In the fervor of the U.S.'s current anti-foreign-corruption efforts, a particularly misguided proposal has occasionally reared its ugly head: Requiring “mandatory debarment” for any company that violates the Foreign Corrupt...more

Qatar Law Q&A: Engineering Activities in Qatar

In view of the significant infrastructure works that are proposed to be undertaken in the State of Qatar in the lead up to the FIFA World Cup in 2022, engineering firms from around the world are establishing operations in the...more

Federal Circuit Clarifies Law On U.S. Government Contractor Immunity For Patent Infringement

The Federal Circuit, in Zoltek Corp. v. United States, No. 2009-5135 (Fed. Cir. Mar. 14, 2012), recently clarified the scope of immunity for government contractors from infringement suits arising from work they perform for...more

‘Buy American’ And Solar Devices — DOD Clarification

Originally Published in Law360, February 21, 2012 Last year in January 2011, the president signed the 2011 National Defense Authorization Act (Pub. L. No. 111-383, Section 846), which included a “Buy American”...more

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