State-Owned Enterprises

News & Analysis as of

"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

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

South African Department of Energy calls for Expressions of Interest for 600 MW Gas Fired Power Plant

On 11 May 2016, the South African Department of Energy announced a call for expressions of interest for the appointment of strategic partners to assist state-owned companies in the development of a 600 MW gas-fired power...more

Evaluating the Trans-Pacific Partnership

On February 4, 2016, the Parties to the Trans Pacific Partnership (TPP) signed the Agreement in Auckland, New Zealand, marking the formal conclusion of their negotiations. The TPP is one of the largest and most ambitious...more

Merger Control In The EU: The European Commission Extends Jurisdiction Over Transactions Involving Chinese SOEs

Speed read - The European Commission took into account the revenues of all Chinese SOEs active in the energy industry to establish jurisdiction for merger control of a transaction....more

OFAC Provides Helpful New Guidance for Cuba

The Office of Foreign Assets Control (OFAC) updated its FAQs for Cuba on April 21, 2016 with substantive guidance that addresses U-turn transactions, export policy, insurance, educational and humanitarian activities and...more

Doing Business in China Should Be “Scary”

Lauren Connell, Managing Associate at The Volkov Law Group, joins us again for another posting on corruption risks in China. A little fear is healthy. It will keep you vigilant and aware. At this point if corporate...more

National Industrial Participation in South Africa

This contribution considers the regulatory framework of National Industrial Participation (NIP) in South Africa, and specifically sets out the National Industrial Participation Programme (NIPP) and the NIP Revised Guidelines...more

PTC Inc. and No Cooperation Credit Case Under Yates

On February 16, 2016, the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) announced parallel resolutions with PTC Inc, (formerly Parametric Technology Corporation), a Massachusetts based software...more

Global Anti-Corruption Perspective: A Signal of Further Reform: China Amends Its Anti-Bribery Laws – Key Highlights

The Ninth Amendment to China’s Criminal Law, introducing a new bribery offense and revising anti-bribery and anti-corruption (ABAC) provisions of the law, is now in effect. The ABAC provisions are much wider in coverage than...more

Latest Developments in Corruption Enforcement in China

The past quarter has been an active one for Chinese government enforcement activities, and the year ahead promises more of the same. Recent developments include: the strengthening of Chinese bribery laws, increased action...more

Analysis of Close Proximity Issues in Transactions Reviewed by CFIUS

A US business’ close proximity to facilities or areas considered sensitive by the US Government can raise concerns when the Committee on Foreign Investment in the United States (CFIUS) is evaluating the potential national...more

US China Trade War

The October blog post will be broken up into two parts. This October 15th post will comment on the TPP Agreement signed today and well as President Xi Jinping’s recent trip to the US and my impressions from Beijing, China...more

Foreign Corrupt Practices Act 2015 Update

Despite a decline in enforcement actions by the Securities Exchange Commission (“SEC”) and the Department of Justice (“DOJ”), the first half of 2015 has continued to highlight the relevance and ever-evolving effects of the...more

"MOFCOM Cracking Down on Failures to Notify Qualifying Mergers, Acquisitions and Joint Ventures"

China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties meet certain revenue thresholds and the transaction involves a change...more

Trans-Pacific Partnership May Have Far-Reaching Consequences for U.S. Industry

This week, the 12 Trans-Pacific Partnership (TPP) member countries decided the final terms of what they report is a far-reaching agreement (Agreement or TPP Agreement). The 12 TPP countries are Australia, Brunei Darussalam,...more

The Trans-Pacific Partnership agreement (TPP), which promises significant trade liberalization and investment protection, is...

After 10 years of negotiations, trade ministers from 12 Pacific Rim countries representing 40% of the world’s economy and one-third of global trade have reached a trade agreement, referred to as the Trans-Pacific Partnership...more

NDRC’s Reform On The Administration Of Foreign Debts - How It May Affect Your Transactions

On 14 September 2015, the National Development and Reform Commission (NDRC) promulgated the Notice on Accelerating Reform on the Administration of Filing and Registration of Foreign Debts Issued by Enterprises...more

Antitrust Matters - September 2015

Antitrust investigations are no longer limited to a nation’s borders, or even to a region. Enforcers are more and more sharing information and coordinating their investigative efforts as they strive to uniformly enforce the...more

Canada Adopts Significant Changes to Foreign Investment Review Framework

On 24 April 2015, the Canadian government adopted regulations that significantly affect the foreign investment review framework. With the exception of cultural businesses and investments by foreign state-owned enterprises...more

Recent Developments in China Bond Markets

Tapping the Euromarkets - A number of Chinese issuers have issued bonds in the European debt markets recently. To date in 2015, more than ten Chinese companies have issued in excess of €9 billion of Euro-denominated...more

China Regulatory Enforcement Quarterly - Q2 2015

The Chinese regulatory enforcement landscape is still very active for the second quarter of 2015. In the absence of high-profile enforcement actions against Communist Party officials, Chinese authorities appear to be...more

Canada’s New Extractive Sector Transparency Measures Act and its Implications for Companies Subject to the U.S. Foreign Corrupt...

On June 1, 2015, Canada’s Extractive Sector Transparency Measures Act (“ESTMA” or “the Act”) came into force. Approved in December 2014, but not in force until this month, the Act requires companies in the extractive sector...more

China Regulatory Enforcement Quarterly - Q1 – 2015 |

Inside This Issue: - Executive Summary - PRC Legal and Regulatory Updates - Major Enforcement News - China Communist Party Titles 101 - AIC Penalties Increase Risk of Dual Enforcement Actions - Frequently Asked...more

Bipartisan deal results in trade promotion authority bills that could pave the way to major trade agreements

On April 16, 2015, senior lawmakers reached a bipartisan agreement on a trade promotion authority bill: The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015). The bill was marked up in record...more

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