Foreign Currency

News & Analysis as of

Trade & Manufacturing - March 2015

In This Issue: - Foreign Currency Manipulation Front and Center in U.S. Trade Talks - United States Challenges Chinese Export Subsidies at the WTO - Executive Branch Launches Plan to Combat Wildlife...more

Foreign Currency Manipulation Front and Center in U.S. Trade Talks

As the Obama Administration vigorously pursues its trade agenda, bipartisan groups in the House and Senate have brought the issue of currency manipulation to the forefront of the trade policy debate. On February 10,...more

Overview of the Taxation of Foreign Currency

In this Newsletter: - Determination of the Functional Currency and Definition of a “QBU” - Section 988 — Non Functional Currency Transactions - Section 986 — Translation Rules for Earnings and Profits and...more

NBU tightens restrictions on certain operations on the foreign exchange market

At the beginning of last week the National Bank of Ukraine ("NBU") approved further restrictions regarding certain operations on the foreign exchange market. In particular, the amendments to banking legislation introduced...more

Quirky Question #254, Foreign currency fluctuations and expat employees

Question: I am an HR manager working for a US company that sends employees on long term assignment abroad. One of our senior assignees recently rang me to say how worried he is about Greek politics and the potential...more

Bridging the Week - January 2015 #4

Swiss Franc-Euro Decoupling Spurs Worldwide Legal and Regulatory Fallout - Following the unexpected decoupling by the Swiss National Bank (SNB) of the Swiss franc-Euro exchange rate on January 15; the subsequent...more

The Financial Report - Volume 4, No. 2 • January 2015 (Global)

Discussion and Analysis - Last week, several of the world’s largest banks and brokerage firms lost hundreds of millions of dollars when the Swiss franc surged suddenly and surprisingly against the euro. It is eerily...more

Latest Cyprus decrees issued

The Republic of Cyprus has issued new decrees providing further relaxation to banking restrictions as follows: - Payments and/or transfers of funds abroad do not require the approval of the Central Bank (previously,...more

Financial Institutions and a Lack of Ethics

If there is one industry that needs an ethics overhaul, it has to be the financial industry. The list of transgressions continues to grow – AML/sanctions, LIBOR, Foreign Exchange Currency Cartels and Market Manipulations,...more

New Cyprus decrees further relax banking restrictions

The Republic of Cyprus issued new decrees on 8 December 2014. The new decrees provide further relaxation to banking restrictions, notably: Payments and/or transfers of funds abroad up to €2.000.000 (previously...more

Russian Legislation Update

In This Issue: - Currency Control - Banking - Patronage of Arts - Environment - Employment/Foreign Citizens - Excerpt from Patronage of Arts: On 4 November 2014 the President signed Federal...more

National Bank Of Ukraine softened regime of currency regulation under product sharing agreements

On 8 November 2014 Resolution of the National Bank of Ukraine No. 712* came into effect. This Resolution facilitated the regime of currency regulation for transactions made by foreign investors or their representative offices...more

National Bank of Ukraine cancels restriction on certain foreign currency transactions

With effect from 3 November 2014, the National Bank of Ukraine cancelled* recently imposed prohibition to conduct the following transactions in foreign currency: - to settle import transactions made without importation...more

Tax Court Strikes Down “DAD” Loss Importation Tax Shelter

In consolidated cases known as Kenna Trading LLC, the Tax Court shut down an attempt to contribute foreign currency losses into a US partnership and syndicate the losses to investors by selling partnership interests followed...more

Guide To Doing Business in Australia: Exchange Control

EXCHANGE CONTROL: Generally, there are no exchange controls in Australia. However, taking currency notes (in any currency) to the value of AUD10,000 or more must be reported. In some cases there may be financial...more

National Bank of Ukraine restricts foreign currency lending

On 29 August 2014 the National Bank of Ukraine (the NBU) imposed restrictions on lending in foreign currency for the purpose of using such foreign currency within the domestic market of Ukraine....more

National Bank of Ukraine introduced mandatory sale of 100% foreign currency proceeds

The National Bank of Ukraine (NBU) toughened requirements for mandatory sale of international currency proceeds, that was temporarily introduced in November 2012. Now the requirement for mandatory sale applies to 100% of...more

Pre-Filing Consultation of SEC Staff Regarding Venezuela Operations May Be Appropriate in Certain Circumstances

In a recent meeting, a representative of the SEC accounting staff noted that the SEC staff is focusing on how companies with operations in Venezuela are affected by the various foreign currency exchange mechanisms in...more

The International Comparative Legal Guide to Lending & Secured Finance 2014: Chapter 7: Yankee Loans – Structural Considerations...

The depth and liquidity of the investor base in the US institutional term loan market provides an attractive alternative for European borrowers in the leveraged finance market and has been a key source of financing liquidity,...more

New York Federal District Court Dismisses FCA Claims Brought Against Bank of New York Mellon

After four years of litigation, Bank of New York Mellon (BNY) recently won dismissal of allegations that it violated the California False Claims Act (CFCA). In this multi-district case titled, In re Bank of N.Y. Mellon Corp....more

What Does the IRS Bitcoin Ruling Mean for Virtual Currency?

Because Bitcoin is fungible and greatly fluctuates in value on a daily basis, Bitcoin users will need to track their cost basis for each Bitcoin obtained and determine whether they have gain or loss on the subsequent exchange...more

CME Group Issues Notice Prohibiting Transitory EFRPs

CME Group has issued an advisory notice prohibiting transitory exchange for related positions (EFRPs) on each of the Chicago Mercantile Exchange (CME), the Chicago Board of Trade (CBOT), the New York Mercantile Exchange...more

Business Litigation Report -- April 2014

In This Issue: -- Main Article: DOJ’s Use of Expansive Legal Theories Broaden FCPA Jurisdiction -- Noted With Interest: Proposed Amendments to the Federal Rules Aim to Lessen Burden of Discovery --...more

PBOC Formulates Further Policy Initiatives to Promote RMB as an International Currency

On 2 December 2013, the People’s Bank of China (“PBOC”) issued its Opinions on Financially Supporting the Development of the China (Shanghai) Pilot Free Trade Zone (the “Opinions”). The Opinions represent latest steps...more

FBAR and Form 8938 Assistance Provided by Treasury

There are a multitude of information returns that United States taxpayers may need to file if they own foreign assets or have foreign investments. Two of these forms are the FBAR (Foreign Bank Account Report) and Form 8938...more

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