Read the latest news on antitrust, competition and economic regulation (ACER) in this Winter's edition of our quarterly ACER newsletter.
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4/3/2019
/ Antitrust Provisions ,
Bid Rigging ,
CFIUS ,
Economic Development ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Direct Investment ,
Government Shutdown ,
Hold-Separate Remedies ,
Merger Controls ,
No-Poaching ,
Pharmaceutical Patents ,
Public Procurement Policies ,
Regulatory Standards ,
South Africa ,
UK Competition and Markets Authority (CMA)
On 28 January 2019, the Department of Treasury’s Office of Foreign Assets Control (OFAC) designated Petróleos de Venezuela, S.A. (PdVSA) as a Specially Designated National (SDN) for operating in the oil sector of the...more
The United States is one of the easiest jurisdictions in the world in which to do business. Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much...more
1/23/2019
/ Anti-Money Laundering ,
Capital Markets ,
CFIUS ,
Commercial Bankruptcy ,
Doing Business ,
FCPA Guidance ,
Foreign Investment ,
Immigration ,
Intellectual Property Protection ,
Labor Regulations ,
Regulatory Standards
Investing in the life sciences industry without an understanding of the key regulatory factors that could determine a product's success or failure could cost you millions of dollars....more
1/8/2019
/ Biotechnology ,
CFIUS ,
Federal Pilot Programs ,
Filing Requirements ,
Foreign Investment ,
Investment ,
Investment Opportunities ,
Life Sciences ,
Pharmaceutical Industry ,
Regulatory Requirements ,
Reporting Requirements
Investing in the life sciences industry without an understanding of the key regulatory factors that could determine a product's success or failure could cost you millions of dollars.
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After Congress failed to enact appropriations legislation, the United States federal government partially shut down beginning at midnight on 22 December 2018, impacting several departments, agencies, and interagency...more
1/4/2019
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Federal Funding ,
Federal Trade Commission (FTC) ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Government Shutdown ,
Hart-Scott-Rodino Act ,
National Security ,
Regulatory Agencies ,
Trump Administration
On 19 December 2018, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) submitted a notification to Congress that it plans to terminate sanctions on three major companies originally designated for...more
The Commerce Department is soliciting public input on identification of certain "emerging technologies" for purposes of new export controls and the recently expanded jurisdiction of the Committee on Foreign Investment in the...more
On 5 November 2018 the United States re-imposed the remaining nuclear-related secondary sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) against Iran that previously had...more
11/8/2018
/ Economic Sanctions ,
Financial Institutions ,
Foreign Policy ,
Iran ,
Iran Sanctions ,
ITSR ,
Joint Comprehensive Plan of Action (JCPOA) ,
Nuclear Weapons ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
SDN List ,
Shipping Cargo ,
Trump Administration
The Department of the Treasury recently released interim rules establishing a pilot program under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) that mandates filings for foreign investments in certain...more
10/24/2018
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
National Security Review Proceedings ,
Private Equity Funds ,
Technology Sector
The Department of the Treasury has released two new interim rules that (i) update existing regulations regarding the Committee on Foreign Investment in the United States (CFIUS) pursuant to the Foreign Investment Risk Review...more
The past two weeks have entailed a flurry of sanctions developments related to Russia, including the issuance of a new executive order, and the designation of a number of entities by the U.S. Department of the Treasury's...more
After nearly 20 years of promulgation by executive orders, bipartisan export control reform legislation has re-established a permanent statutory basis for the control of commercial and dual-use items licensed by the...more
The United States has begun re-imposing nuclear-related sanctions with respect to Iran in connection with the expiration of the 90-day wind-down period announced alongside the United States' 8 May 2018 withdrawal from the...more
8/13/2018
/ Economic Sanctions ,
Energy Sector ,
Financial Institutions ,
Foreign Investment ,
Foreign Policy ,
Foreign Relations ,
Insurance Industry ,
Iran ,
Iran Sanctions ,
ITSR ,
Nuclear Weapons ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Shipping
On 8 August, the U.S. Department of State announced that new sanctions would be imposed on Russia pursuant to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act). The sanctions relate to...more
The Foreign Investment Risk Review Modernization Act (FIRRMA), included in the reconciled Conference Report of the FY19 National Defense Authorization Act, substantially expands the jurisdiction of the Committee on Foreign...more
8/6/2018
/ Acquisitions ,
Amended Rules ,
Carve Out Provisions ,
CFIUS ,
Covered Transactions ,
Defense Production Act ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Hedge Funds ,
Investment Funds ,
Mergers ,
National Security ,
National Security Review Proceedings ,
NDAA ,
Private Equity ,
Venture Capital
Export compliance continues to be complicated for companies involved in business with China. On 1 August 2018, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) expanded the Entity List, restricting...more
Congress has moved closer to expanding the jurisdiction and powers of the Committee on Foreign Investment in the United States (CFIUS), the U.S. interagency committee that conducts national security reviews of foreign...more
8/2/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
Financial Regulatory Reform ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Legislative Agendas ,
National Security ,
Passive Activity ,
Pending Legislation ,
Trump Administration
In furtherance of President Trump’s 8 May 2018 announcement that the United States would withdraw from the Iran nuclear deal—the Joint Comprehensive Plan of Action (JCPOA)—on 27 June 2018, the U.S. Department of Treasury’s...more
Driven by concerns of China’s acquisition of advanced U.S. technologies, the U.S. Congress is set to enact the most significant reform to the Committee on Foreign Investment in the United States (CFIUS) in over a decade....more
6/29/2018
/ CFIUS ,
China ,
Covered Transactions ,
Emerging Technology Companies ,
FIRRMA ,
Foreign Investment ,
Legislative Agendas ,
National Security ,
Passive Investments ,
Pending Legislation ,
Trump Administration
Today, the Trump Administration designated multiple Russian targets, including several wealthy individuals and their companies, as Specially Designated Nationals (SDNs). These designations of major companies represent the...more
As potential trade war looms, nearly 1,300 U.S.-imports may be subject to additional 25 percent tariffs under Section 301.
U.S. imports from China potentially subject to additional duties include certain chemicals,...more
4/9/2018
/ Aluminum Sales ,
China ,
Foreign Relations ,
Global Market ,
Imports ,
National Security ,
Steel Industry ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
On 12 March 2018, President Trump issued an order blocking the proposed hostile takeover of Qualcomm Incorporated, a semiconductor and telecommunications equipment company headquartered in California, by Broadcom Limited, a...more
On Monday, 29 January, the U.S. Treasury Department submitted an unclassified report to Congress concerning significant senior political figures and oligarchs in the Russian Federation and Russian parastatal entities.
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On December 20, 2017, President Trump issued Executive Order 13818 implementing the Global Magnitsky Act, and the Office of Foreign Assets Control (OFAC) issued the first designations responsive to this statute.
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