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Bass, Berry & Sims PLC

International Trade Enforcement Roundup – Summer 2024

You are reading the Summer 2024 Update of the Bass, Berry & Sims Enforcement Roundup. After a short hiatus, we are back to reporting on notable enforcement actions and policy changes and providing a bit of our insight. -...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - August 2024

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The Bureau of Industry and Security (BIS) issued new guidance to prevent the diversion of controlled items to Russia. This guidance recommends the use of the Trade Integrity Project (TIP) database, which tracks suppliers with...more

Skadden, Arps, Slate, Meagher & Flom LLP

One Step Closer to a Limited ‘Reverse CFIUS’ Program

On June 21, 2024, the U.S. Department of the Treasury announced a proposed rule (Proposed Rule) to impose limited restrictions on certain outbound U.S. investments in technology, as directed by Executive Order 14105....more

Bass, Berry & Sims PLC

CFIUS Update: Larger Penalties, Sharper Monitoring

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On April 11, the U.S. Treasury Department promulgated a Notice of Proposed Rulemaking (NPRM) amending the regulations that govern the operations of the Committee on Foreign Investment in the United States (CFIUS) to increase...more

Skadden, Arps, Slate, Meagher & Flom LLP

BIS Reduces Licensing Requirements on Exports to Australia and the UK

In an interim final rule published on April 19, 2024 (New Rule), the Department of Commerce, Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to reduce licensing requirements on...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - March 2024

On February 24, the two-year anniversary of Russia’s invasion of Ukraine, the Biden administration issued hundreds of new Russia-related export controls and sanctions. The Office of Foreign Assets Control (OFAC) and the...more

Snell & Wilmer

The Uncertain World: Nearshoring, Economic Development, and the Next Frontier

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Historically, international trade regulation has swung between economic protectionism and national security concerns. Between World War II and the 2018 presidential election, the primary international trade regulatory issue...more

McDermott Will & Emery

International News: Spotlight on Foreign Investment

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In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more

Latham & Watkins LLP

Singapore’s New Significant Investments Regime

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The Ministry of Trade and Industry (MTI) introduced the Significant Investments Review Bill (the Bill) to parliament on 6 November 2023. The Bill aims to protect the national interests of Singapore by regulating significant...more

Bennett Jones LLP

How Canadian Investment Can Help Rebuild Ukraine

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Attending the Rebuild Ukraine Business Conference in Toronto last week was an enriching experience. The conference aimed to foster collaboration, investment, and trade ties between Canadian and Ukrainian businesses by...more

Bass, Berry & Sims PLC

CFIUS Update: A More Refined Focus, Increased Risks

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The U.S. government continues to aggressively monitor and impose restrictions on transactions deemed to threaten U.S. national security. On a day-to-day basis, restrictions arise most commonly in the context of export...more

Snell & Wilmer

Decoupling: A Closer Look at the Executive Order on U.S. Outbound Investments Into the Chinese Technology Sector

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The much anticipated Executive Order (the “E.O.”) on outbound investments directed at the Chinese technology sector was finally released on August 9, 2023. Citing the “unusual and extraordinary threat to national security”...more

Akerman LLP

The Art of Coming Clean: Agencies Provide Guidance on Voluntary Self-Disclosures of Export Controls and Sanctions Violations

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On June 26, 2023, the Departments of Justice, Commerce, and Treasury issued a Tri-Seal Compliance Note that summarizes agency policy memoranda and existing regulations on voluntary self-disclosures (VSDs) of export controls...more

Pillsbury Winthrop Shaw Pittman LLP

All Eyes on China: Upcoming Restrictions on Outbound Investment

If implemented by the U.S. government, the restrictions would regulate certain outbound investments by U.S. persons in countries of concern such as China. The regulations may be established by an executive order,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Mandatory BEA Filing for Many US Businesses With Foreign Shareholders

The Bureau of Economic Analysis (BEA) within the U.S. Department of Commerce collects and publishes data regarding the U.S. economy and the status of foreign investment. As part of this mission, it conducts regular, periodic...more

Foley Hoag LLP

CFIUS Year in Review

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CFIUS reviewed a record number of transactions in 2021 according to its most recent annual report – and shows no signs of slowing down. High technology (including quantum computing), life sciences, and green energy...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Announces New HSR Notification Thresholds and Filing Fee Structure

On January 23, 2023, the Federal Trade Commission (FTC) announced revised notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). If a proposed merger, acquisition of stock, assets or...more

White & Case LLP

Africa and the Gulf States herald a new era in trade and investment relations

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Strong diplomatic and economic ties have long existed between the Gulf Cooperation Council (GCC) states and North Africa but there are other levers at play for deepening economic relations....more

White & Case LLP

IPEF Ministers Outline Negotiating Objectives, Setting Stage for Formal Negotiations

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On September 9, 2022, trade ministers from the United States and thirteen other countries adopted joint Ministerial Statements on their negotiating objectives for the four "pillars" of the Indo-Pacific Economic Framework...more

Holland & Knight LLP

CFIUS 2021 Annual Report: Considerations for Businesses

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The U.S. Department of the Treasury, in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), released the public version of its Annual Report to Congress for Calendar Year 2021 (Annual...more

Brownstein Hyatt Farber Schreck

U.S. Secretary of State on the Administration’s Policy Toward China

U.S. Secretary of State Antony Blinken on May 26 made his long-awaited remarks on the “Administration’s Policy Toward China.” The speech was fresh on the heels of President Biden’s first visit to Asia, specifically to the...more

Bennett Jones LLP

Alberta Introduces Strategy to Advance the Province as an International Leader in Technology and Innovation

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On April 12, 2022, the Government of Alberta released its Alberta Technology and Innovation Strategy (ATIS) that adds further details in fulfilling Alberta's Recovery Plan announced in June 2020, and complements the...more

White & Case LLP

Cross-border deals face increased CFIUS scrutiny

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The signing of the Foreign Investment Risk Review Modernization Act (FIRRMA) into law in 2018 was the most significant update to CFIUS in more than a decade. For years leading up to the new legislation, there had been a...more

Lowenstein Sandler LLP

Take Note: Address Global Trade Issues Early in Your Negotiations To Avoid Liability and Costs (Yes, This Applies to You).

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Premise: Nearly all companies have exposure to international trade laws when doing business. Spotting these risks early when negotiating agreements and transactions will prevent future liability and costs. So, when drafting...more

White & Case LLP

Financial institutions M&A: Brokers/Corporate Finance

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Financial institutions M&A sector trends: brokers/corporate finance — H1 2021 and outlook for H2 2021 - Financial advisers turn to M&A to deliver additional bandwidth, capability and resources to ride the post-lockdown M&A...more

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