International Trade Government Contracting

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Veterans Affairs to Permit Acquisition of Non-TAA-Compliant Drugs

In a significant policy reversal, the Department of Veterans Affairs (VA) has announced that it will require all covered drugs under the Veterans Health Care Act (VHCA) to be offered on Federal Supply Schedule (FSS)...more

Top Ten International Anti-Corruption Developments for March 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Will the Saudi PPP Program Succeed?

Introduction - It has been widely reported that Saudi Arabia is planning implementation of an economic reform program like none ever seen before. At the heart of the program is the privatization of large swathes of the...more

In the Global Trenches: Brazil’s Business Culture & Getting Things Done

Brazil is once again at the forefront of news. Ongoing corruption scandals plague the highest echelons of leadership. Impeachment hearings threaten the stability of the largest economy in South America....more

President’s Trip to Cuba Accompanied by Expanded Treasury and Commerce Regulations

On March 20, President Obama arrived in Cuba for an historic visit, marking a significant step in the Obama Administration’s efforts to normalize relations, a process that began in December 2014. The Administration has stated...more

The new "Procurement Code"

This past Thursday, March 3 - running the proxy law 28 January 2016, no. 11 - The Council of Ministers has preliminarily approved the legislative decree for the realization of the European directives no. 2014/23/EU,...more

The new “Procurement Code” (Italian)

Lo scorso giovedì 3 marzo - in esecuzione della legge delega 28 gennaio 2016, n. 11 -, il Consiglio dei Ministri ha approvato in via preliminare il Decreto Legislativo per l’attuazione delle direttive europee n. 2014/23/UE,...more

Doing Business with the Canadian Public Sector

Canada’s public sector entities include federal, provincial, municipal and territorial governments, Crown corporations, government agencies, boards and commissions, public utilities, and a wide variety of public institutions,...more

Procurement Pulse - March 2016

The final implementation date for the three new EU procurement directives is 18 April 2016 - so things are hotting up in terms of getting to grips with new legislation. Cabinet Office has reviewed the responses to its...more

CFIUS Annual Report Shows Items of Interest for Government Contractors

The Committee on Foreign Investment in the United States (“CFIUS”) recently issued its Annual Report to Congress regarding transactions that they reviewed during 2014. Below are highlights of trends and issues gleaned from...more

Public Authorities Political Boycotts Unlawful

On 17 February 2016, the Cabinet Office published a Procurement Policy Note (“PPN”) which seeks to prevent public authorities from participating in boycotts and other political decisions which affect decision making and...more

Circuit Court Rules that Ambiguous Regulatory Requirements Cannot Give Rise to FCA Liability

A recent decision from the United States Court of Appeals for the District of Columbia Circuit evaluated whether a regulatory requirement was sufficiently ambiguous that it precluded a finding of liability under the False...more

March Antitrust Bulletin

On February 5, 2016, the Federal Trade Commission opposed McWane Inc.’s petition to the U.S. Supreme Court to review the 11th U.S. Circuit Court of Appeals’ affirmation of a November 2015 FTC opinion that McWane unlawfully...more

Full Disclosure: An Overview of Global Supply Chain Regulations

You may have read our recent client alert on the UK Modern Slavery Act and Global Supply Chain Transparency, where we highlighted the extraterritorial safeguards against human trafficking and slavery as well as the...more

Red Notice Newsletter - February 2016

DOJ and SEC Announce Settlement with PTC, Inc. in FCPA Case Involving SEC’s First Individual Deferred Prosecution Agreement - On February 16, 2016, the U.S. Securities and Exchange Commission (SEC) and the U.S....more

Anticorruption & Compliance Challenges in Australia & Asia [Video]

In the first a multipart interview, GRC Solutions (grcsolutions.com.au) Managing Director, Julian Fenwick, shares his experience, perspective, and practice, with respect to anti-bribery and compliance challenges for...more

Corporate Investigations & White Collar Defense - February 2016

Eye on the Courts—Recent Opinions and Rulings of Note - Why it matters: From a white collar and securities fraud standpoint, there has been a lot of noteworthy activity in the courts of late. The Supreme Court granted...more

Middle East and Africa PPP Guide: The emergence of Public-Private Partnerships (PPPs) in the Middle East and Africa

The purpose of this article is to analyse and summarise the emergence of the public-private partnership (PPP) model in the Middle East context (with a focus on the Gulf Cooperation Council (consisting of Bahrain, Kuwait,...more

Kurdistan Regional Government's Sovereign Immunity Plea Fails In English Court

The English High Court in Pearl Petroleum Co Ltd & ors v Kurdistan Regional Government of Iraq [2015] EWHC 3361 (Comm), 20 November 2015 rejected immunity claims by the Kurdistan Regional Government of Iraq (KRG) in the...more

Insurance Coverage for Actions Under the Foreign Corrupt Practices Act Against Government Contractors

Since 2009, enforcement of FCPA actions has significantly increased. The Department of Justice has convicted over 50 individuals, and companies have paid approximately $3 billion in fines and penalties. Government...more

Compliance Challenge: The Links Between Corruption and Human Trafficking

Companies are increasingly being required to disclose how they assess and respond to the risks of human trafficking in their product supply chains. Statutes like the California Transparency in Supply Chains Act and the U.K....more

Trade Agreements Act Updates for 2016 – New Year, Lower Thresholds

Every two years, the U.S. Trade Representative updates the dollar values at which certain international trade agreements apply to certain types of U.S. government contracts. This means that certain contracts over the dollar...more

Deadline for Submitting Comments on ITAR Agreement Guidelines Is Approaching

On January 6, 2016, the U.S. State Department Bureau of Political Military Affairs, Directorate of Defense Trade Controls, Office of Defense Trade Controls Licensing (DTCL) published a new version of the Guidelines for...more

Human Trafficking Is Forbidden by Government Contracts. But What Is “Human Trafficking”?

FAR 52.222-50 prohibits “human trafficking.” To quote the current GEICO TV commercials, “Everybody knows that.” But do you know exactly what the FAR prohibits? The answer includes some obvious pernicious acts, but it also...more

Significant Changes to U.S. and E.U. Sanctions Against Iran

On January 16, 2016, the United States and the European Union lifted or substantially amended many nuclear proliferation-related sanctions against Iran. This date constitutes Implementation Day as specified in the Joint...more

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