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International Arbitration Newsletter - July 2016

Privy Council clarifies the nature of arbitration clauses, but uncertainties about the clauses’ effect still remain. “Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than...more

Sanctions Updates: Iran, Myanmar (Burma) and Cuba

With the rise of OFAC Sanctions enforcement and compliance issues, companies have to devote significant resources to following changes in OFAC Sanctions. Over the last few years, the US government has significantly altered...more

"Sanctions in Takeover Situations: Navigating Regulatory Hurdles"

The U.S. government frequently uses sanctions as a key tool in pursuing its foreign policy agenda. As a result, transactions involving sanctioned individuals and entities (Sanctioned Persons) are often prohibited. The...more

US Issues Additional Guidance Regarding Iran Sanctions Relief

On June 8, 2016, the US further clarified the scope of the sanctions relief provided to Iran as of January 16, 2016 (known as "Implementation Day") under the Joint Comprehensive Plan of Action (JCPOA). The Department of the...more

The Sun is Setting On Myanmar’s Sanctions Regime

The United States imposed trade sanctions on Myanmar (a.k.a. Burma) beginning in May 1997 after determining that the military junta had committed large-scale repression of the democratic opposition in Burma. The Burma...more

Buying Russian Bonds: Risky Business or Safe Bet?

In late May, The Russian Federation issued its first sovereign bond since the Ukraine crisis in 2014. The sole organizer of the bond is VTB Capital, an arm of VTB Bank, Russia’s second largest financial institution. Both VTB...more

Trade & Manufacturing - June 2016

President Obama Signs American Manufacturing Competitiveness Act of 2016 - On May 20, President Obama signed the American Manufacturing Competitiveness Act of 2016 into law (the Act). The Act restores the ability of the...more

Flying the Too-Friendly Skies? Europe Opens Routes for Sanctioned Iran Airline

On June 20, 2016, you will be able to take a non-stop flight from Tehran to Paris . . . but you probably shouldn’t. According to its website, the Iranian airline Mahan Air will add the City of Lights to the list of...more

FinCEN Issues Customer Due Diligence Rules and Amends AML Program Rules

On May 11, 2016, the U.S. Treasury’s Financial Crimes Enforcement Network (“FinCEN”) published a final rules release (the “Release”) containing new rules to strengthen customer due diligence (“CDD”) requirements for...more

U.S. Issues Burma General Licenses

In May, the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC) amended the Burmese Sanction Regulations, and the U.S. Department of State (State) proposed revisions to the Burma Responsible...more

"US Further Eases Burma Sanctions"

In response to Burma’s peaceful and competitive elections in November 2015, on May 18, 2016, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) further eased U.S. sanctions against Burma (Myanmar). These...more

New Economic Opportunities with Cuba Present Financial Rewards Along with Associated Compliance Challenges

The opening of Cuba to greater commercial and financial activity offers many possibilities for U.S. financial institutions but, with those possibilities, comes a responsibility to meet the complex compliance challenges that...more

Burma Sanctions Continue to Sunset (IRB No. 553)

On May 17, 2016, the Office of Foreign Assets Control ("OFAC") amended the Burmese Sanctions Regulations to broaden the scope of permissible trade with Burma. The Burma regulations, which have been amended piecemeal rather...more

US Further Liberalizes Burma Sanctions

On May 17, 2016, the US Department of Treasury's Office of Foreign Assets Control (OFAC) further eased the sanctions on Burma by issuing and expanding general licenses and removing certain parties from the Specially...more

United States Further Eases Economic Sanctions on Burma/Myanmar

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) eased certain sanctions against Burma/Myanmar on May 17, 2016, including by allowing most transactions involving Burmese financial institutions....more

New sanctions impose further restrictions on North Korea

The United Nations, the European Union and United States recently expanded sanctions on North Korea, issuing new restrictions which impact the mineral, energy, shipping, banking, finance, and aviation industries. United...more

The Evolving Due Diligence Standards and Beneficial Ownership

In case you are not following all the latest scandals – Unaoil and the Panama Papers being two significant ones – we are seeing an evolution and possibly a revolution in due diligence expectations....more

Overview of US and EU Trade Sanctions

Overview of US and EU Trade Sanctions - Following is a summary of the current US and EU sanctions that restrict trade with and/or investment in certain countries, “Specially Designated Nationals” (SDNs) and “Blocked...more

OFAC Adopts New Sanctions Targeting Hizballah’s Financial and Logistics Networks

If you only read one thing... - The Hizballah Financial Sanctions Regulations (HFSR) are intended to disrupt Hizballah’s global logistics and financial network by providing a new basis of secondary sanctions...more

Foreign Financial Institutions Beware: United States Expands Economic Sanctions Against Hizballah

Effective April 16, 2016, the United States will implement sanctions pursuant to the Hizballah International Financing Prevention Act of 2015. The new sanctions target Hizballah (or Hezbollah) and non-U.S. persons who support...more

Violation of OFAC Reporting Requirements: “No Harm, No Foul”? No Way!

A recent enforcement action by the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) against MasterCard International Incorporated (“MasterCard”) stands as a reminder of the importance of strictly...more

Please Read the Fine Print About Doing Business in Cuba

I am here to encourage newly authorized trade to and from Cuba. However, my job is also to ensure that exporters have all of the information they need to make informed business decisions and remain compliant with U.S. trade...more

U.S. Commerce Department Expected to Temporarily Lift Sanctions on Chinese Global Telecommunications Manufacturer ZTE Corporation

On March 8, 2016, the U.S. Department of Commerce placed Zhongxing Telecommunications Equipment (ZTE) Corporation, ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun), and affiliates Beijing 8-Star International Co. and ZTE...more

US Significantly Expands Sanctions Targeting North Korea

On March 16, 2016, the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC) expanded sanctions on North Korea (the DPRK) pursuant to Executive Order 13722 (EO 13722). This action implements in...more

U.S. Commerce Department Imposes Sanctions on Chinese Global Telecommunications Manufacturer ZTE Corporation

On Tuesday, March 8, the U.S. Department of Commerce placed Zhongxing Telecommunications Equipment Corporation, known as ZTE, on the Entity List, along with affiliates ZTE Kangxun Telecommunications Ltd., Beijing 8-Star...more

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