Critical Infrastructure Sectors

News & Analysis as of

Commission amends Solvency 2 delegated legislation

The Commission has made several amendments to the Solvency 2 Delegated Regulation as part of a host of measures brought in to form part of the CMU initiative. “Qualifying infrastructure investments” will now form a distinct...more

EIOPA advises on new asset class under Solvency 2

EIOPA has published its advice to the Commission on the identification and calibration of infrastructure investments risk categories. ...more

Proposed Legislation Provides Further Support for P3 Transportation

Legislation recently introduced in the U.S. House of Representatives calls for the senior procurement executive of the U.S. Department of Transportation (DOT) to enhance the services of the Office of Contract and Procurement...more

Cuba Sanctions Relief: The Knot Further Loosens

Effective September 21, the U.S. Department of Treasury amended its Cuban Assets Control Regulations (CACR), providing further Cuba sanctions relief. In a coordinated action, the U.S. Department of Commerce simultaneously...more

PortMiami Hoping to Continue P3 Success

A new public private partnership (“P3? or “PPP”) is coming to PortMiami. Royal Caribbean Cruises, LTD (“RCCL”) seeks to design, build, finance, operate, and maintain a new cruise terminal in the northeast section of the Port....more

IRS Allows Developer Tax Benefit of Common Improvement Advance to City

In CCA 201537022, the IRS allowed a real estate developer to capitalize its required “advance” to the city for common infrastructure improvement costs, subject to later year adjustment to the extent the city repaid the funds....more

New Safety NPRM and Recent Letter from the Acting Administrator Demonstrates FTA's Continued Implementation of Its MAP-21 Safety...

In 2012, through passage of MAP-21, Congress required the Federal Transit Administration (“FTA”) to develop a comprehensive program for safety in public transportation. FTA’s new safety mandate is in addition to its...more

LA Metro Pursues Independent P3 Authority: ABX 1-12

Los Angeles County Metropolitan Transportation Authority (“LA Metro”) is pursuing new public-private partnership (P3) legislation, Assembly bill ABX 1-12 (“Bill 12”). Bill 12, introduced and read for the first time on August...more

Hostile Investments Defense System – The Newly Adopted Polish Act On Control Over Certain Investments

On August 5, 2015, the President of the Republic of Poland signed a new act on control over certain investments dated July 24, 2015 (Journal of Laws of 2015, item 1272). The purpose of the new act is to take the opportunity...more

FTA Provides Notice of Expedited Public Transportation Improvement Initiative

Federal Transit Administration (“FTA”) grants fund billions of transit-related projects throughout the United States. In an effort to improve the project delivery process for those projects, the FTA on September 3, 2015,...more

Commission publishes EMIR responses

The Commission has published responses to its consultation on the European Market Infrastructure Regulation (EMIR). The review asked stakeholders for feedback on experiences in the implementation of EMIR to date. It received...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Final 2014 Effluent Guidelines Program Plan and 2014 Annual Effluent Guidelines Review Report EPA is announcing the availability of its Final 2014 Effluent Guidelines...more

German Federal IT Committee Issues New Restrictions for Cloud Service Providers

Last month the German Federal Government IT Advisory Committee ("Federal IT Committee") issued new cloud computing service criteria for all prospective vendors to German Federal Agencies. Cloud services providers who offer,...more

NIST Guide Highlights Cybersecurity Considerations for Utilities and Manufacturing Companies

In 2013 alone, the U.S. Department of Homeland Security (DHS) and its Industrial Control Systems Cyber Emergency Response Team (ICS-CERT) responded to more than 256 cyber-incident reports—more than half of them in the energy...more

BIS consults on harmonisation of the unique transaction identifier

BIS’s Committee on Payments and Market Infrastructures (CPMI) and IOSCO have published a consultative report on the harmonised global Unique Transaction Identifier (UTI). Its purpose is to identify each over-the-counter (OTC)...more

BIS reports on applying principles to FMIs

CPMI and IOSCO have published a report providing guidance on how the Principles for financial market infrastructures (PFMI) apply to financial market infrastructures (FMIs) that are owned and operated by central banks....more

China’s Draft Cybersecurity Law – A New Regime for Network Security

China’s current leadership has attached significant attention to network security, which is deemed to be a core aspect of national security. In early 2014, China’s President, Xi Jinping, who is also the head of the Office for...more

Germany rolls out IT Security Act

Germany's controversial IT Security Act (ITSG) came into effect on July 25, 2015.[1] The new act seeks to increase protections for German citizens, companies and government institutions that may be vulnerable to a range of IT...more

We’re All About Sharing Cyber Information: The National Cybersecurity and Communications Integration Center

Amidst the maelstrom of unceasing cyber attacks and intrusions, the National Cybersecurity and Communications Integration Center (NCCIC or Center) assumes a front-and-center role as the government command and communication...more

FERC Meeting Agenda Summary - July 2015

In this issue: - Electric Items - Miscellaneous - Gas Items - Hydro Items - Certificates Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s July 16, 2015 meeting,...more

Public-Private Partnerships Offer Alternative Model for Water Infrastructure Projects

In February 2012, the Commonwealth of Massachusetts completed a study of the state’s drinking, wastewater, and stormwater infrastructure needs that identified a funding gap of at least $39 billion over the next 20 years. The...more

Obama Administration’s FY 2016 Budget Includes Potential Tweaks to Airport Funding Mechanisms

The Obama administration’s fiscal year 2016 budget includes approximately $95 billion for a broad array of transportation-related projects. Included in that category of spending are several interesting aviation infrastructure...more

Open for Business: Who's Investing in Latin America [Video]

Latin America is open for business and the world is taking notice. Foley Partner Jeffery Atkin outlines which countries are actively taking on development projects in Latin America and how the culture is affecting the way...more

Congressional Action Supports Improvement of Cybersecurity for Critical Infrastructure and Beyond

None of us in the United States – no family or individual, no industry or business, and no government agency – is immune from the potential devastation that cyber-attacks can wreak. No particular reminder is needed. Each day,...more

SC Public Policy Update - June 2015

What's New - The House of Representatives and Senate spent most of the week debating bills in the waning days of this year’s legislative session....more

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