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Sustainability and ESG Advisory Practice Update, July 2024

We are pleased to share the July 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental,...more

Proposed "Outbound Investment" Regulations Target Transactions Involving PRC Semiconductor, Quantum, and AI Businesses

New Regulations Will Require Additional Diligence for a Broad Array of Transactions, Including Many Investments in U.S. and Global Businesses - On June 21, 2024, the U.S. Treasury Department (Treasury) issued a Notice of...more

New Proposed CFIUS Rules Confirm a More Prosecutorial Regime, But to What End?

New rules proposed by the Committee on Foreign Investment in the United States (CFIUS), released on April 11, 2024, can be understood in two ways: the practical effects and signaling effects....more

Beware: Increasingly Aggressive Enforcement Actions in the Crypto Asset Industry Puts Companies on Notice

Regulators are increasingly taking enforcement action against crypto asset industry participants for violating anti-money laundering (AML) and sanctions laws. Regulators are concerned about the illicit use of crypto...more

OFAC Penalizes Another Crypto Asset Company for Sanctions Violations

In keeping with its recent focus on the crypto asset industry, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced an agreement last week with crypto asset trading platform Poloniex, LLC...more

Treasury Risk Assessment Emphasizes That Decentralized Crypto Companies Have AML and Sanctions Compliance Obligations

Earlier this month, the U.S. Department of the Treasury (Treasury) released its Illicit Finance Risk Assessment of Decentralized Finance (Assessment). This Assessment, part of a broad regulatory scrutiny of entities that...more

Cryptocurrency Exchange Platform Agrees to Pay over $53 Million for Anti-Money Laundering and Sanctions Violations

On October 11, 2022, the U.S. Treasury's Financial Crimes Enforcement Network (FinCEN) and Office of Foreign Assets Control (OFAC) announced settlements with Bittrex Inc. (Bittrex). The settlements arise from violations of...more

Final Regulations on Beneficial Ownership Will Require “Tens of Millions” of Legal Entities to File Reports

On September 30, 2022, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) published its final regulations on Beneficial Ownership Information (BOI) Reporting Requirements. The regulations...more

Money Services Businesses Penalized for Failure to Adopt Robust Anti-Money Laundering Practices

Two recent federal enforcement actions—announced the same day—have underlined the need for crypto companies to carefully consider their anti-money laundering (AML) obligations or else risk significant penalties....more

CHIPS Act Basics for Semiconductor Companies: Early Answers on Finding Funding and Resulting Risks

On August 9, 2022, President Biden signed into law the CHIPS and Science Act of 2022 (the CHIPS Act), a significant investment in industrial policy that offers, among other things, funding for the development of facilities to...more

No Foolish Transactions: A Few Guidelines for NFT Marketplace Participants to Mitigate Anti-Money Laundering Risks

The global NFT (non-fungible token) market now is worth dozens of billions of dollars annually. Innovators and early adopters, marketplaces, and sellers, are all eager to join this market but may have questions about how to...more

New Rules Will Require Beneficial Ownership Reporting to Federal Regulators by U.S. and Foreign Corporations, LLCs, and Other...

On December 8, 2021, the Treasury Department's Financial Crimes Enforcement Network (FinCEN) published its proposed regulations on beneficial ownership information (BOI) reporting requirements. These FinCEN regulations will...more

New OFAC Guidance Raises the Stakes for Crypto Industry

The U.S. Treasury Department's Office of Foreign Assets Control (OFAC) published new guidance last week for the virtual currency industry. While OFAC's economic sanctions compliance obligations apply to all U.S. persons, the...more

National Cryptocurrency Enforcement Team Turns Up the Crypto Heat

Earlier this month, the U.S. Department of Justice (DOJ) announced the creation of a National Cryptocurrency Enforcement Team (NCET) to "tackle complex investigations and prosecutions of criminal misuses of cryptocurrency,...more

Anonymity Becomes Passé: U.S. Government Moves to Require Ownership Information for Corporations, LLCs, and Others

As directed by the Anti-Money Laundering Act of 2020, the U.S. government has initiated a rule-making process to require beneficial ownership information from certain corporations, LLCs, and other legal entities....more

CFIUS After FIRRMA Implementation: A Crash Course in Assessing and Navigating Risk

On October 15, 2020, the final rule implementing the baseline requirements of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) took effect. This final rule altered the mandatory filing rules of the...more

Expansion of U.S. Export Controls on Huawei-Designed or Produced Items

Effective May 15, 2020, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued an interim final rule that further tightens export controls on Huawei Technologies Co. Ltd. of China and its 100-plus...more

Mandatory U.S. Direct Investment Abroad Reports Due Soon to U.S. Government

The U.S. Department of Commerce's Bureau of Economic Analysis (BEA) recently issued its mandatory five-year benchmark survey to obtain data on direct investment abroad by U.S persons and businesses. The survey, known as the...more

License Requirements and U.S. Government Visibility into Exports to China, Russia, and Venezuela Will Increase, but Countries...

After almost a year of speculation and discussion, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) is further tightening controls on exports, reexports, and transfers in-country (collectively,...more

CFIUS Filing Fees Finalized: Prepare to Pay (or Not)

On April 28, 2020, the Treasury Department (Treasury) issued an interim final rule, effective May 1, regarding filing fees for submissions to the Committee on Foreign Investment in the United States (CFIUS). The rule makes...more

CFIUS Update: COVID-19 Slowdown, Enforcement Uptick, and Jurisdictional Dismissals

In the world of the Committee on Foreign Investment in the United States (CFIUS), the first few months of 2020 proceeded largely as expected: CFIUS unveiled new regulations containing no major surprises (see our...more

Fees and Loathing at CFIUS: The Committee Imposes Filing Fees, Forces Divestment, and Reportedly Blocks Another Big Deal

For an entity that has historically placed an emphasis on maintaining the secrecy of its proceedings, the Committee on Foreign Investment in the United States (CFIUS, or the Committee) has recently attracted quite a few...more

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