The new measures bar the import of iron or steel products processed in countries other than Russia but incorporating Russian-origin iron or steel components. The measures form part of a series of significant sanctions updates...more
Trade-based money laundering (TBML) describes a set of techniques through which drug traffickers, terrorists and other criminals use the veneer of trade to move illicit funds across borders while disguising the origin and...more
10/16/2023
/ Anti-Money Laundering ,
BSA/AML ,
Criminal Conspiracy ,
Criminal Prosecution ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Drug Trafficking ,
Enforcement Actions ,
FinCEN ,
Indictments ,
International Trade ,
Law Enforcement ,
Money Laundering ,
Popular ,
re Grand Jury ,
Supply Chain ,
Terrorism Funding ,
Trade-Based Money Laundering
After publicly signaling support for an outbound investment screening mechanism in July 2022, the Biden Administration has issued a long-anticipated Executive Order to address certain investments by US persons in “countries...more
8/16/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Comment Period ,
Executive Orders ,
Foreign Investment ,
Hong Kong ,
International Emergency Economic Powers Act (IEEPA) ,
Macau ,
National Security ,
Outbound Acquisitions ,
Outbound Transactions ,
Prohibited Transactions ,
U.S. Treasury
The Report shows that CFIUS reviewed a record number of filings in 2022 and also required more mitigation as a condition of clearance.
On July 31, 2023, the Committee on Foreign Investment in the United States (CFIUS)...more
8/8/2023
/ CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Enforcement ,
Foreign Acquisitions ,
Foreign Investment ,
Life Sciences ,
National Security ,
Singapore ,
United Arab Emirates (UAE)
Companies that promptly self-disclose and remediate potential violations of administrative or criminal law may significantly mitigate liability.
On July 26, 2023, the US Departments of Justice (DOJ), Commerce, and the...more
8/3/2023
/ Bureau of Industry and Security (BIS) ,
Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Authority ,
Export Controls ,
Exports ,
Joint Policy Statements ,
Joint Statements ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanction Violations ,
Self-Reporting
New measures expand existing sanctions and export controls, including by restricting medical item exports and targeting Russia’s architecture and engineering sectors.
This Client Alert is published in the context of...more
The recent developments signal a renewed vigor to protect US national security.
This Client Alert highlights the following recent developments relating to national security investment reviews conducted by the Committee on...more
The first-ever tri-seal Note highlights tactics used to circumvent Russia-related restrictions, while NSD adds 25 prosecutors focusing on sanctions and export controls.
In May 2022, shortly after hostilities in Ukraine...more
3/21/2023
/ Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Military Conflict ,
Risk Management ,
Russia ,
Sanction Violations ,
U.S. Commerce Department ,
U.S. Treasury ,
Ukraine
New announcements and rules expand the scope of existing sanctions and export controls on Russia.
This Client Alert is published in the context of ongoing developments and should be read in conjunction with the Latham’s...more
3/16/2023
/ Biden Administration ,
Blocked Person ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Embargo ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Transactions ,
Foreign Policy ,
Foreign Relations ,
Foreign Trade Regulations ,
General Licenses ,
Infrastructure ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Oil Prices ,
Pipelines ,
Russia ,
SDN List ,
Ukraine
The price cap operates as an exemption to the ban on transportation of Russian seaborne crude oil to other countries.
This Client Alert is published in the context of ongoing developments and should be read in conjunction...more
12/12/2022
/ Crude Oil ,
Economic Sanctions ,
EU ,
G7 ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Oil Prices ,
Russia ,
Safe Harbors ,
UK ,
Ukraine
While the Guidelines are not legally binding, they signal CFIUS’s clear intent to take an active approach to compliance and enforcement.
On October 20, 2022, the US Department of the Treasury, as Chair of the Committee on...more
The EU has issued its eighth “package” of sanctions measures on Russia. Meanwhile, US agencies have issued guidance on “secondary” sanctions enforcement, designated additional SDNs, and restricted further exports to Russia —...more
10/12/2022
/ Asset Freeze ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
EU ,
Export Controls ,
Exports ,
Foreign Policy ,
Foreign Relations ,
Imports ,
Military Conflict ,
Oil & Gas ,
Russia ,
SDN List ,
State-Owned Enterprises ,
Ukraine
President Biden sends a message to foreign investors and the business community that CFIUS will closely scrutinize transactions presenting certain risk factors.
On September 15, 2022, President Biden issued an Executive...more
9/27/2022
/ Biden Administration ,
CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Investment ,
National Security ,
Personal Data ,
Risk Mitigation ,
Supply Chain ,
Technology Sector
The report reflects CFIUS’ work during the first full year since the Foreign Investment Risk Review Modernization Act implementing regulations took effect.
On August 2, 2022, the Committee on Foreign Investment in the...more
If enacted, the bill would establish an interagency committee in the US to review certain outbound investment and other activity affecting supply chain security, domestic production, and manufacturing capacities.
Key...more
The EU’s “maintenance and alignment” sanctions target additional Russian persons, enhance existing sanctions, and implement new prohibitions - including on the import of Russian gold.
This Client Alert is published in the...more
The ban hits new investment in Russia and certain professional services, while also restricting imports of Russian oil, coal, and gold and exports of key industrial goods.
This Client Alert is published in the context of...more
The key issues PE deal teams are facing amidst rapidly changing global sanctions and guidance.
Russia’s recent invasion of Ukraine has created new headwinds for PE firms, as a matrix of sanctions and export controls pose...more
The new measures against Russia’s ally largely parallel the UK’s sanctions against Russia itself.
This Client Alert is published in the context of ongoing developments and should be read in conjunction with Latham’s...more
The measures prohibit gold imports and add new SDN, Entity List, and asset freeze designations.
This Client Alert is published in the context of ongoing developments and should be read in conjunction with the Latham &...more
7/5/2022
/ Asset Freeze ,
Belarus ,
Belarus Sanctions ,
Biden Administration ,
Economic Sanctions ,
Export Controls ,
General Licenses ,
Japan ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Trade Restrictions ,
UK ,
Ukraine
OFAC has also extended certain general licenses, while BIS has continued to restrict exports to Russia.
This Client Alert is published in the context of ongoing developments and should be read in conjunction with the...more
The UFLPA aims to clamp down on the import of items produced by alleged forced labor in and relating to the XUAR.
On 16 December 2021, the US Senate unanimously passed the Uyghur Forced Labor Prevention Act (UFLPA),...more
12/21/2021
/ China ,
Customs and Border Protection ,
Disclosure Requirements ,
Forced Labor ,
Human Rights ,
Imports ,
Pending Legislation ,
Rebuttable Presumptions ,
Strategic Enforcement Plan ,
Supply Chain ,
Tariff Act of 1930 ,
Uyghur Forced Labor Prevention Act (UFLPA)
Expanded compliance obligations will have far-reaching implications for regulated financial institutions and most companies operating in the US.
On January 1, 2021, Congress overrode President Trump’s veto and enacted the...more
1/6/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Beneficial Owner ,
Congressional Override ,
Corporate Counsel ,
Financial Institutions ,
FinCEN ,
Foreign Banks ,
NDAA ,
Patriot Act ,
Presidential Veto ,
Suspicious Activity Reports (SARs) ,
Whistleblower Protection Policies