Court of Justice of the European Union sets Binding Rules on the Contractual Impact of the EU Blocking Regulation
The EU Blocking Regulation (the “Regulation”)1 prohibits compliance by EU persons with certain U.S....more
Key Points -
The proposed power would allow the UK Government to block initial equity listings and admissions on UK public markets on the grounds of national security.
The listing of debt securities (other than...more
Key Points -
On 11 June 2021 the European Union (the “EU”) published Regulation (EU) 2021/821 (the “Recast Regulation”) in its Official Journal, which marked the final step with respect to modernizing its existing dual use...more
While the U.K. has a mature approach to protecting national security overall, the government lacks effective statutory powers in relation to the ownership and control of businesses and other entities that could be used to...more
The U.K. and the EU conclude the EU-UK Trade and Cooperation Agreement, which entered into force on December 31, 2020.
The Agreement provides guidance on origin rules that must be met for products to benefit from duty-free...more
1/8/2021
/ Cooperation Agreement ,
Country of Origin ,
EU ,
Export Controls ,
Exports ,
Member State ,
Regulatory Standards ,
Supply Chain ,
Trade Agreements ,
Trade Relations ,
UK ,
UK Brexit
1. Summary
The United Kingdom (U.K.) government published the National Security and Investment Bill (“NSI Bill” or “Bill”) on November 11, 2020, the aim of which is to strengthen the government’s powers to scrutinize and...more
- On July 24, the European Commission (EC) published an updated report (the “Report”) on the progress made by member states in implementing measures aimed at addressing the national security risks and mitigation strategies...more
8/4/2020
/ 5G Network ,
Emerging Technology Companies ,
EU ,
European Commission ,
Foreign Direct Investment ,
Member State ,
National Security ,
Risk Mitigation ,
Security Risk Assessments ,
Supply Chain ,
Telecommunications
- There is increasing regulatory, commercial and media attention in the U.K. and the EU regarding the role of human rights in company supply chains.
- The U.K. and the EU are introducing specific measures around human...more
7/22/2020
/ Coronavirus/COVID-19 ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
Forced Labor ,
Human Rights ,
Investors ,
Modern Slavery Act ,
Proceeds of Crime Act 2002 (POCA) ,
Risk Assessment ,
Risk Mitigation ,
Slavery ,
Supply Chain ,
UK
- As of 1:00 p.m. BST July 6, 2020, the GHR Regulation came into force, representing the introduction of the U.K.’s long awaited GHR Regime.
- The GHR Regime is the first standalone U.K. sanctions regime to be in current...more
- On April 21, 2020, Imagination Technologies, a U.K. based company producing graphics processing units used in 11 billion devices globally, was summoned to answer questions by MPs in relation to national security concerns....more
On February 19, 2020, the European Commission (Commission) published proposals for the regulation of Artificial Intelligence (AI) with potentially far-reaching implications both for users and developers worldwide. The...more
3/11/2020
/ Artificial Intelligence ,
Corporate Counsel ,
EU ,
European Commission ,
Legislative Agendas ,
New Legislation ,
Popular ,
Regulatory Agenda ,
Research and Development ,
Technology Sector ,
White Papers
• On June 5, 2019, the European Union (EU) took a step forward with respect to modernizing its existing dual use legislation under Council Regulation (EC) No 428/2009 (the “EU Dual Use Regulation”), with the European Council...more
6/12/2019
/ Dual Use Goods ,
Economic Sanctions ,
Emerging Technology Companies ,
EU ,
Export Controls ,
Exports ,
Human Rights ,
Information Security ,
Member State ,
Supply Chain ,
The Wassenaar Arrangement
In this podcast, Akin Gump’s international trade partners Mahmoud Baki “Mac” Fadlallah (Dubai), Jasper Helder (London) and Wynn Segall (Washington, D.C.) discuss three pivotal regions related to U.S. sanctions under the...more
• On August 6, 2018, following President Trump’s decision to withdraw the United States from the JCPOA, the U.S. government announced the reimposition of sanctions on Iran’s automotive sector, its trade in gold and precious...more
8/17/2018
/ Blocking Statutes ,
Economic Sanctions ,
EU ,
Executive Orders ,
International Relations ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Secondary Sanctions ,
Trade Relations ,
Trump Administration ,
Winding Down ,
Withdrawal
• The White Paper sets out in detail the shape and scope of the U.K.’s desired future “association” relationship with the EU post Brexit. The U.K. government hopes that it will accelerate negotiations with the EU with a view...more
• The U.S. government has withdrawn from the Iran Nuclear Deal and reverted sanctions to the status quo ante by re-imposing secondary sanctions that restrict non-U.S. persons from engaging in a broad range of business in...more
5/10/2018
/ Controlled Foreign Corporations ,
Economic Sanctions ,
Exports ,
Foreign Financial Institutions (FFI) ,
Foreign Policy ,
Foreign Relations ,
General Licenses ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Trade Policy ,
Trump Administration
• On May 1, 2018, OFAC issued General License 13A authorizing the divestment or transfer of certain debt, equity or other holdings issued by EN+ Group, GAZ Group or United Company RUSAL PLC, as well as entities in which such...more
Today, OFAC issued General License 14, authorizing U.S. persons to engage in specified transactions related to maintenance or wind down of operations, contracts or other agreements involving RUSAL until October 23, 2018,...more
• On April 6, 2018, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) placed seven prominent Russian businessmen, 12 companies, 17 senior Russian government officials, and a state-owned Russian...more
4/9/2018
/ Banking Sector ,
Blocked Person ,
CAATSA ,
Economic Sanctions ,
Executive Orders ,
Financial Institutions ,
General Licenses ,
Government Officials ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
State-Owned Enterprises ,
Trump Administration ,
U.S. Treasury
• The U.K. and the EU have agreed on the substantive trade elements of the legal text set to govern the U.K.’s withdrawal from the EU (the “Withdrawal Agreement”). If the other outstanding elements of the Withdrawal Agreement...more
3/28/2018
/ Cross-Border Transactions ,
EU ,
EU Single Market ,
Free Trade Agreements ,
Intellectual Property Protection ,
International Relations ,
Member State ,
Referendums ,
Trade Policy ,
Trade Relations ,
UK ,
UK Brexit
• European Commission publishes survey on concept of “Specially Designed for Military Use,” and issues request for input for possible EU commercial policy measures targeting the United States
• Netherlands introduces...more
3/19/2018
/ Cloud Service Providers (CSPs) ,
Cloud Storage ,
Customs Valuation ,
Defense Sector ,
Draft Guidance ,
Encryption ,
EU ,
European Commission ,
Exports ,
Imports ,
Military Goods ,
Netherlands ,
Surveys ,
Tariff Classifications ,
Tariffs ,
Technology Sector
In an important decision given on February 21, 2018, a jury in English court proceedings has considered for the first time what “adequate procedures” should be for the purpose of a defense to the corporate offense of failing...more
3/13/2018
/ Anti-Bribery ,
Bribery ,
Corporate Counsel ,
Corporate Liability ,
Criminal Convictions ,
Criminal Liability ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Jury Verdicts ,
National Crime Agency (NCA) ,
Policies and Procedures ,
Section 7 ,
Self-Reporting ,
UK ,
UK Bribery Act
• A recent judgment of the European Court of Justice for bars the use of intercompany transfer prices for EU imports and EU customs duty purposes if (as is commonly the case) these are subject to retroactive adjustments.
...more
• Effective October 13, 2017, President Trump declined to provide certification that the JCPOA is in the United States’ national interest. Following this “decertification,” the U.S. Congress has 60 days in which to introduce...more
11/2/2017
/ Anti-Terrorism Financing ,
Decertify ,
Economic Sanctions ,
Executive Orders ,
Foreign Policy ,
Foreign Relations ,
Iran ,
Iran Nuclear Agreement Review Act of 2015 (INARA) ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Legislative Amendments ,
Members of Congress ,
Nuclear Weapons ,
Office of Foreign Assets Control (OFAC) ,
Proposed Legislation ,
SDN List ,
Sunset Provisions ,
Trump Administration ,
U.S. Treasury
• On October 27, 2017, the U.S. State Department issued guidance identifying 39 entities related to the defense and intelligence sectors of the Government of the Russian Federation and issued related guidance on criteria to...more
10/31/2017
/ Defense Sector ,
Economic Sanctions ,
Export-Import Bank of the US ,
Exports ,
Extraterritoriality Rules ,
Financial Institutions ,
Foreign Exchanges ,
National Intelligence Agencies ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Secretary of the Treasury ,
State-Owned Enterprises ,
Trump Administration ,
US State Departments