International Trade Government Contracting

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Congressional Panel Explores International Experience with Public-Private Partnerships

On Tuesday, April 8th, the House Transportation and Infrastructure Panel on Public-Private Partnerships held a hearing on "The International Experience with Public-Private Partnerships". The Panel focused in particular on...more

New Rules For Energy Aid: EU Adopts Revised Guidelines For Assessment Of State Aid in The Energy Sector

For the first time, the European Commission has decided on comprehensive rules for the assessment of State aid in the energy sector. The new text adopted on 9 April 2014 will create the framework for the ability of EU Member...more

SNC-Lavalin at Center of Corruption Scheme Involving Jacques Cartier Bridge

Montreal-based construction and engineering giant SNC-Lavalin is at the center of another Canadian kickback scheme, this time in connection with the $125-million restoration of the Jacques Cartier Bridge....more

Proceed with Caution: D.C. District Court Says Attorney-Client Privilege and Work Product Doctrine Do Not Survive Internal Fraud...

On March 6, 2014, the District Court for the District of Columbia issued an opinion in United States ex rel. Barko v. Halliburton Company et al. that should serve as a wake-up call for all companies conducting internal...more

Crimea River: U.S. Rushes to Impose Sanctions

The situation with respect to U.S. sanctions related to Russia and Ukraine is evolving rapidly. As we previously reported, on March 6, 2014, President Obama issued Executive Order 13660, which authorized the blocking of...more

Avoid the Quick Fix: Addressing Government Contracting Ethical Breaches That Can Destroy A Business

For the last 15 years, the Foreign Corrupt Practices Act (FCPA) has garnered the most “compliance” attention by companies and the media due to the severe penalties associated with the bribing of foreign government officials....more

U.S. Department of Energy Grants Long-Term Contract to Cameron LNG

On February 11, 2014, the U.S. Department of Energy issued an order conditionally granting long-term contract authorization to export liquefied natural gas by vessel to non-free trade agreement nations from the Cameron LNG,...more

Miners Triumph And Opinion Release 14-01

On this date in 1966, the Texas Western University (now UTEP) Miners won the NCAA Basketball Championship, beating the University of Kentucky Wildcats. Now the first round has not even started by March 19, but it is not the...more

Supreme Court Holds That Arbitrators, Not Courts, Are To Interpret A Treaty’s Arbitration Prerequisite

The United States Supreme Court has held that arbitrators, not courts, bear the primary responsibility for interpreting and applying a local litigation requirement of an investment treaty between the United Kingdom and...more

Getting the Deal Through – Anti-Corruption Regulation 2014: Bermuda

1. International anti-corruption conventions: To which international anti-corruption conventions is your country a signatory? - Bermuda is a self-governing British overseas territory, whose legal system is based...more

Electrify Africa Act: Catalyzing Investment Opportunities in Sub-Saharan Africa

On February 27, 2014, the House Committee on Foreign Affairs passed H.R. 2548, the Electrify Africa Act, to improve access to electricity in sub-Saharan Africa, through a comprehensive U.S. government approach to electricity...more

Supreme Court Holds That Courts Must Defer To Arbitrators In First Case Addressing International Investment Treaty Arbitration

On March 5, 2014, the United States Supreme Court decided BG Group, PLC v. Republic of Argentina, the first case in which the Court addressed an international investment treaty arbitration (a case between a private investor...more

Deemed Public Officials: A Potential Risk for US Companies in Japan

Japan is one of the lower-risk countries for US companies in terms of compliance issues involving bribery and corruption. Transparency International’s 2013 Corruption Perceptions Index places Japan 18th out of 177...more

Shifting Sands In Canadian Anti-Bribery And Trade Control Laws Raise The Stakes In M&A Due Diligence

Recent developments in Canadian anti-corruption, economic sanctions, and export control laws are having a significant impact on the due diligence that should be conducted on potential targets in the context of mergers and...more

Business News Digest – March 2014

In this issue: - Cybersecurity: Coming Soon to a Government Contract Near You - Recent National Defense Authorization Act Presents Opportunities for Small Business Contractors - Iran Sanctions Deal Does...more

Kazakhstan Amends Public Procurement Rules

New rules may affect business activities conducted with state entities. On 18 January, the president of the Republic of Kazakhstan signed the law “On amendments to some legislative acts of the Republic of Kazakhstan on...more

Mexico launches train construction tender for feedback

Last February 28, Ministry of Communications launched the Rules for the tender for the construction of section 1 of the Toluca-Mexico City train called: “Zinacantepec-túnel” with 22 miles long (around 36 km). The Draft...more

From FCPA to Export Compliance: Avoiding the Slippery Slope to a Compliance Violation

The second half of 2013 saw the continued expansion of FCPA enforcement by the DOJ and the SEC. The decrease in the scope of protections afforded to whistleblowers will lead to an increase in the number of FCPA potential...more

SIGAR Issues Quarterly Report to Congress

On January 30, 2014, the Special Inspector General for Afghanistan Reconstruction (SIGAR) issued its quarterly report to Congress regarding its oversight work and the status of obligations and programs relating to the...more

Open for investment: How Mexico is paving the way for infrastructure investors

A step-change for Mexican infrastructure - Mexico enacted its new federal public-private partnership (PPP) law, Ley de Asociaciones Público Privadas (Law on Public-Private Partnerships), in January 2012. The...more

UK SFO Drops High-Profile Corruption Case

The trial of Victor Dahdaleh in London has collapsed due to the absence of key prosecution witnesses. The UK’s Serious Fraud Office (SFO) recently dropped its case against Victor Dahdaleh, the British-Canadian...more

New Energy Opportunities in Mexico Raise FCPA, Anti-Bribery Risks

Sweeping reforms across Mexico’s oil, gas and electric markets promise more opportunities for the private sector and increased investment from international firms. However, U.S. companies looking to enter this market will...more

Information and Analysis on Legal Aspects of Procurement

FEATURE COMMENT: The Impact Of The National Defense Authorization Act For Fiscal Year 2014 On Federal Procurement - In 2013, two National Defense Authorization Acts were enacted. First, on January 2, President Obama...more

European Procurement and Government Contracts Digest: Closing the Gap on Concession Contracts - European Union sets up harmonised...

In the European Union (EU), around 60% of Public-Private Partnerships (PPP) are entered into on a concession basis. This represents an EU-wide market worth more than €100 billion ($135 billion) each year. For the first time,...more

European Procurement and Government Contracts Digest: New European Procurement Directives - European Union Overhauls the EU Public...

On 11 February 2014, the EU took the final step in its latest overhaul of its public procurement regime. As well as a new directive dealing for the first time with the award of concession contracts, the EU has issued new...more

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