In the seventh episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey delves into the pivotal role of Facility Security Officers (FSOs), providing valuable insights into responsibilities, the...more
In the fourth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey explores the topic of corporate documents in relation to security clearances with International Trade attorney Libby Bloxom....more
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), U.S. Department of Commerce's Bureau of Industry and Security (BIS) and U.S. Department of Justice (DOJ) on March 6, 2024, issued a Tri-Seal...more
3/15/2024
/ Bureau of Industry and Security (BIS) ,
Compliance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Extraterritoriality Rules ,
FinCEN ,
Joint Policy Statements ,
Office of Foreign Assets Control (OFAC) ,
Self-Disclosure Requirements
Differences in law as well as cultural differences can prolong international aircraft transactions. Assembling a good team of legal and technical professionals, as well as an aircraft broker familiar with international...more
9/29/2023
/ Aircraft ,
Aviation Industry ,
Contract Terms ,
Cross-Border Transactions ,
Due Diligence ,
Exports ,
Federal Aviation Administration (FAA) ,
Imports ,
Know Your Customers ,
Letters of Intent ,
Purchase Agreement ,
Regulatory Requirements
The Corporate Transparency Act (CTA), enacted by Congress as part of the Anti-Money Laundering Act of 2020, for the first time under federal law, requires the establishment of a centralized, national beneficial ownership...more
9/6/2023
/ Aircraft ,
Anti-Money Laundering ,
Aviation Industry ,
Beneficial Owner ,
Corporate Crimes ,
Corporate Transparency Act ,
Corruption ,
Financial Crimes ,
FinCEN ,
Money Laundering ,
Reporting Requirements ,
Shell Corporations ,
Special Purpose Vehicles ,
Tax Fraud ,
Terrorism Funding
The U.S. Department of Justice (DOJ), Department of Commerce's Bureau of Industry and Security (BIS) and Department of the Treasury's Office of Foreign Assets Control (OFAC) on July 26, 2023, issued a Tri-Seal Compliance Note...more
8/2/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Authority ,
Export Controls ,
Exports ,
Iran ,
Joint Policy Statements ,
Joint Statements ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanction Violations ,
Self-Reporting
Update: This Holland & Knight alert has been updated on Sept. 25, 2022, with additional information. In plain English, anytime an aircraft departs the United States, this is an "export" and will fall in one of two "buckets":...more
9/27/2022
/ Aircraft ,
Aircraft Sales ,
Aviation Industry ,
Customs and Border Protection ,
Electronic Filing ,
Export Controls ,
Exports ,
Federal Aviation Administration (FAA) ,
Filing Requirements ,
Foreign Entities ,
Registration Requirement
The SEC continues to focus a portion of its enforcement attention on registrants' obligations with regard to anti-money laundering (AML) compliance and transaction monitoring. In this post, we provide a refresher on the...more
7/6/2022
/ Anti-Money Laundering ,
Broker-Dealer ,
BSA/AML ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Financial Institutions ,
FinCEN ,
Risk Alert ,
Securities Exchange Act ,
Suspicious Activities ,
Suspicious Activity Reports (SARs)
The U.S., European Union (EU), United Kingdom (U.K.) and many other countries have imposed similar but not necessarily identical sanctions on Russia. In corporate jet transactions, the sanctions laws of several jurisdictions...more
5/10/2022
/ Aircraft ,
Beneficial Owner ,
Due Diligence ,
Economic Sanctions ,
EU ,
Export Controls ,
Federal Aviation Administration (FAA) ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
Russia ,
SDN List ,
U.S. Commerce Department ,
UK ,
Ukraine
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
HIGHLIGHTS:
..SEC Releases Proposal to Enhance Disclosures for SPACs and De-SPAC...more
5/3/2022
/ Biden Administration ,
China ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Intellectual Property Protection ,
Mandatory Arbitration Clauses ,
Metaverse ,
Popular ,
Securities and Exchange Commission (SEC) ,
Sexual Harassment ,
Special Purpose Acquisition Companies (SPACs)
The Infrastructure Investment and Jobs Act (IIJA), which included the Build America, Buy America Act (the Act), was signed into law on Nov. 15, 2021, and created a deadline of May 14, 2022, for federal agencies to ensure...more
4/25/2022
/ Biden Administration ,
Build America Investment Initiative ,
Buy America ,
Federal Contractors ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
New Guidance ,
New Legislation ,
Public Procurement Policies ,
Public Projects ,
Waivers
The U.S. Department of Defense, General Services Administration and NASA, on March 7, 2022, published a final rule revising the Buy American Act (BAA) requirements applicable to federal procurements. The final rule is the...more
For more than two decades, the United Kingdom's (U.K.) foreign direct investment regime remained fairly untouched. Then, in mid-2021, amidst pressure from its allies, particularly the United States, the U.K. overhauled and...more
1/19/2022
/ Acquisitions ,
BEIS ,
CFIUS ,
Critical Infrastructure Sectors ,
Enterprise Act 2002 ,
Filing Requirements ,
FIRRMA ,
Foreign Direct Investment ,
Foreign Investment ,
Intellectual Property Protection ,
National Security ,
UK ,
Voting Rights
The Financial Industry Regulatory Authority (FINRA) issued a regulatory notice on Oct. 8, 2021, encouraging its broker-dealer members to review and prepare to incorporate into their own compliance programs the national...more
10/18/2021
/ AML/CFT ,
Bank Secrecy Act ,
Broker-Dealer ,
Compliance ,
Enforcement Actions ,
Examination Priorities ,
Financial Industry Regulatory Authority (FINRA) ,
New Guidance ,
Non-Bank Lenders ,
Nonbank Firms ,
Regulatory Oversight
Please note: This Holland & Knight alert has been updated on Sept. 13, 2021, with additional information.
In plain English, anytime an aircraft departs the United States, this is an "export" and will fall in one of two...more
9/14/2021
/ Aircraft ,
Aircraft Sales ,
Aviation Industry ,
Bureau of Industry and Security (BIS) ,
Customs and Border Protection ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exporters ,
Exports ,
Federal Aviation Administration (FAA) ,
Filing Requirements ,
ITAR
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
HIGHLIGHTS:
- Non-Fungible Tokens and Intellectual Property Law: Key Considerations...more
9/2/2021
/ Commercial Leases ,
Controlled Foreign Corporations ,
Cryptocurrency ,
Cybersecurity ,
Digital Assets ,
Disclosure Requirements ,
Enforcement Actions ,
Foreign Investment ,
General Services Administration (GSA) ,
Intellectual Property Protection ,
Irrevocable Trusts ,
National Security ,
Non-Fungible Tokens (NFTs) ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Tax Planning
The General Services Administration (GSA) amended the General Services Administration Acquisition Regulations (GSAR) via an interim rule (Rule) – effective June 30, 2021 – to incorporate disclosure obligations of foreign...more
8/2/2021
/ CFIUS ,
Commercial Leases ,
Department of Defense (DOD) ,
Disclosure Requirements ,
Foreign Ownership ,
General Services Administration (GSA) ,
GSAR ,
Interim Rule ,
Lease Financing ,
National Security ,
NDAA ,
Public Comment ,
Real Estate Transactions
There are two common types of aircraft exports: 1) permanent exports – where the aircraft is physically exported (i.e., flown) from the U.S. as part of a sale, lease or transfer of possession and control to a foreign person,...more
2/23/2021
/ Aircraft ,
Aircraft Sales ,
Aviation Industry ,
Bureau of Industry and Security (BIS) ,
Customs and Border Protection ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exporters ,
Exports ,
Filing Requirements ,
ITAR
• President Donald Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) into law on Aug. 13, 2018. Among other things, the NDAA contains the Foreign Investment Risk Review...more
8/17/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Jurisdiction ,
Land Developers ,
National Security ,
NDAA ,
Personal Data ,
Real Estate Transactions ,
Trade Policy ,
Trump Administration
It has been 14 years since the 9/11 Commission Report was issued, in which many recommendations were made to improve security in the U.S. The Transportation Security Administration (TSA) has still not yet implemented three of...more
2/1/2018
/ Employee Training ,
Federal Railroad Administration ,
Final Rules ,
National Security ,
Popular ,
Proposed Rules ,
Public Transportation ,
Railroads ,
Security Risk Assessments ,
Surface Transportation ,
Transportation Security Administration ,
Vetting
As the United States prepares to harness the innovation of autonomous technology in transportation, the U.S. Department of Transportation (DOT) is asking the public to identify regulatory barriers that can be removed to allow...more
1/23/2018
/ Automated Transportation ,
Department of Transportation (DOT) ,
Driverless Cars ,
Federal Highway Administration ,
Federal Transit Administration ,
Infrastructure ,
Innovation ,
Motor Vehicles ,
National Highway Safety Administration ,
Public Comment ,
Public Safety ,
Secretary of Transportation ,
Surface Transportation ,
Technology Sector