I. Biden Administration Import and Investment Ban Related to Russian Energy -
On March 8, 2022, the Biden administration announced its widely anticipated ban on the import of Russian oil and other energy-related...more
3/14/2022
/ Belarus ,
Biden Administration ,
Economic Sanctions ,
Energy Sector ,
EU ,
Export Controls ,
Financial Institutions ,
FinCEN ,
General Licenses ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
UK ,
Ukraine
Key Takeaways:
• U.S. imposes additional sanctions on Russian elites, along with their family members, companies, and personal vehicles
• Actions targeting the defense sector and Russian government-affiliated media...more
3/8/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Executive Orders ,
Export Controls ,
Financial Transactions ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
SWIFT ,
Ukraine
On February 28, 2022, the U.S. government announced new sanctions on the Central Bank of Russia, National Wealth Fund, Ministry of Finance, and Russian Direct Investment Fund, dramatically increasing the economic impact of...more
3/2/2022
/ Biden Administration ,
Economic Sanctions ,
Enforcement Priorities ,
Executive Orders ,
Export Controls ,
Financial Transactions ,
Foreign Currency ,
Foreign Trade Regulations ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
As we had reported in our earlier client alert and 2022 Year in Preview, Russia’s invasion of Ukraine has resulted in a new wave of sanctions and export controls on Russia, including sanctions on key sectors of the Russian...more
2/28/2022
/ Australia ,
Canada ,
China ,
Economic Sanctions ,
EU ,
Export Controls ,
Exports ,
Financial Institutions ,
Financial Services Industry ,
Japan ,
Licensing Rules ,
New Zealand ,
Russia ,
SDN List ,
Sovereign Debt ,
UK ,
Ukraine ,
Vladimir Putin
This is the fifth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in State AG enforcement. Up next: SEC Enforcement in 2022: A Look Ahead. ...more
2/25/2022
/ Afghanistan ,
Belarus ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Burma ,
Cambodia ,
CFIUS ,
China ,
Cuba ,
Economic Sanctions ,
Enforcement ,
Ethiopia ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Human Rights ,
International Criminal Court ,
Iran Sanctions ,
ITAR ,
Joint Comprehensive Plan of Action (JCPOA) ,
Myanmar ,
Nicaragua ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
SDN List ,
Securities and Exchange Commission (SEC) ,
Sudan ,
U.S. Treasury ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Venezuela ,
Virtual Currency ,
Withhold Release Orders (WROs)
For months, the Biden administration and the governments of U.S. allies around the world have raised concerns about Russian actions in the region. In the same breath, those governments have warned of massive, coordinated...more
2/18/2022
/ Aerospace ,
Banking Sector ,
Banks ,
Belarus Sanctions ,
Biden Administration ,
China ,
Economic Sanctions ,
Energy Sector ,
EU ,
Export Controls ,
Foreign Direct Product Rule ,
Investment Controls ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
SWIFT ,
UK ,
Ukraine
This is the second post in this year’s series examining important trends and new development in white collar law and investigations. Our previous post discussed health care enforcement. Up next: trends in tax...more
2/17/2022
/ Anti-Corruption ,
Biden Administration ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Governments ,
Internal Controls ,
Money Laundering ,
OECD ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
The U.S Department of the Treasury’s Office of Foreign Assets Control (OFAC) has published guidance to aid members of the virtual currency industry (ranging from tech companies to brokers to users) in complying with OFAC...more
In response to a request from the ranking member of the House Foreign Affairs Committee, the Department of Commerce’s Bureau of Industry and Security (BIS) provided export license statistics related to Chinese firms Huawei...more
New CBP Withhold Release Order Again Targets Forced Labor in the Seafood Industry August 10, 2021 On August 4, 2021, U.S. Customs and Border Protection (“CBP”) released a Withhold Release Order (“WRO”) on tuna and other...more
As predicted in our recent article in Power Magazine related to international trade risks facing the clean energy industry, the Biden administration took action against several Chinese companies involved in the solar power...more
Sales of your software are robust around the globe. You have a network of third-party resellers, distributors or implementation partners that are driving international growth. Your customers praise your efficient maintenance...more
5/20/2021
/ Bureau of Industry and Security (BIS) ,
Civil Monetary Penalty ,
Department of Justice (DOJ) ,
Export Controls ,
Germany ,
Investigations ,
Iran ,
Iran Sanctions ,
Non-Prosecution Agreements ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
SAP SE ,
Settlement ,
Software ,
Voluntary Disclosure
This is the third in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed sanctions and export control trends....more
3/19/2021
/ Anti-Corruption ,
Asia ,
Biden Administration ,
CFTC ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
Latin America ,
NDAA ,
Securities and Exchange Commission (SEC) ,
UK ,
White Collar Crimes
This is the second in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed SEC enforcement. Up next,...more
3/17/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
China ,
Enforcement ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
Fraud ,
Imports ,
Iran ,
Popular ,
Russia ,
Sanctions ,
Trump Administration ,
Venezuela
Hong Kong Updates and Alerts -
New Restrictions on Exports to Hong Kong – License Exceptions for Hong Kong Suspended -
On June 29, 2020, the State Department announced that the U.S. will end the export of U.S.-origin...more
8/7/2020
/ 5G Network ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
CFIUS ,
China ,
Cross-Border ,
Cuba ,
Department of Justice (DOJ) ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Exports ,
FCPA Resource Guide ,
Final Rules ,
Hong Kong ,
Hong Kong Autonomy Act (HKAA) ,
Huawei ,
International Chamber of Commerce (ICC) ,
Iran Sanctions ,
Military End Use ,
New Rules ,
Nicaragua ,
Russia ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
State-Owned Enterprises ,
Syria ,
Trump Administration ,
Venezuela
On July 3, 2020, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released the Second Edition of their Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Resource Guide”). As...more
7/7/2020
/ Aiding and Abetting ,
Bribery ,
Criminal Conspiracy ,
Department of Justice (DOJ) ,
Disgorgement ,
FCPA Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
Mens Rea ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations
Proposed Rules on CFIUS Mandatory Declarations Released: No More NAICS Codes!
On May 21, 2020, the Department of the Treasury released a proposed rule that would modify the requirements for Committee on Foreign Investment...more
6/11/2020
/ Bulk Electric System ,
CFIUS ,
China ,
Cross-Border Transactions ,
Energy Sector ,
Export Controls ,
Foreign Investment ,
Huawei ,
Human Rights Act ,
Iran Sanctions ,
Metals ,
Money Laundering ,
NAICS ,
Nicaragua ,
North Korea ,
Proposed Rules ,
Sanctions ,
Zimbabwe
Foley Hoag LLP has formed a firm-wide, multi-disciplinary task force dedicated to client matters related to the novel coronavirus (COVID-19). In the rapidly changing global health environment, Foley Hoag will provide clients...more
5/12/2020
/ Compliance ,
Cross-Border ,
Cross-Border Transactions ,
Executive Orders ,
FCC ,
Office of Foreign Assets Control (OFAC) ,
Securities and Exchange Commission (SEC) ,
Team Telecom ,
Telecommunications ,
Transitional Arrangements ,
Trump Administration
Foley Hoag LLP has formed a firm-wide, multi-disciplinary task force dedicated to client matters related to the novel coronavirus (COVID-19). In the rapidly changing global health environment, Foley Hoag will provide clients...more
Huawei Charged in Racketeering Conspiracy and Conspiracy to Steal Trade Secrets; Temporary General License Extended –
On February 13, 2020, Huawei Technologies Co. Ltd. (Huawei) and two of its U.S. subsidiaries were...more
3/17/2020
/ Airbus ,
Bureau of Industry and Security (BIS) ,
Compliance ,
Criminal Conspiracy ,
Criminal Prosecution ,
Cross-Border ,
Cross-Border Transactions ,
Economic Sanctions ,
General Licenses ,
Huawei ,
Iran ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
Transitional Arrangements ,
U.S. Treasury ,
UK ,
UK Brexit ,
Venezuela
District Court Finds Insufficient Evidence That He Acted As Agent of U.S. Subsidiary -
Background -
On February 26, 2020, a federal judge in Connecticut granted in part the motion for acquittal of a former senior executive...more
3/3/2020
/ Acquittals ,
Agents ,
Alstom ,
Bribery ,
Corporate Counsel ,
Corporate Officers ,
Criminal Convictions ,
Criminal Prosecution ,
Evidence ,
Federal Rules of Criminal Procedure ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Indonesia ,
Jury Verdicts ,
Subsidiaries
New CFIUS Regulations Released: Final Rules Impact Foreign Investment in Technology, Infrastructure, and Data (TID) Businesses and Real Estate -
On January 13, 2020, the Department of the Treasury issued final regulations...more
2/6/2020
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Investment ,
Office of Foreign Assets Control (OFAC) ,
Technology Sector
This is the sixth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed enforcement by the Massachusetts Attorney General’s Office in...more
1/24/2020
/ Bureau of Industry and Security (BIS) ,
Chief Compliance Officers ,
China ,
Compliance ,
Corporate Counsel ,
Cuba ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Hong Kong ,
Huawei ,
Human Rights ,
Information Technology ,
Iran Sanctions ,
Magnitsky Act ,
National Security ,
New Guidance ,
New Regulations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Software ,
Syria ,
Technology Sector ,
Turkey ,
U.S. Treasury ,
US Department of State ,
Venezuela ,
Voluntary Disclosure ,
White Collar Crimes
Editors’ Note: This is the third in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed healthcare fraud in 2020. Up next: a look at...more
1/13/2020
/ Bribery ,
Compliance ,
Corporate Counsel ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Government Officials ,
Internal Controls ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
DOJ Issues Revised Export Control and Sanctions Enforcement Policy for Business Organizations Providing Clear Guidance on the Benefits of Self-Disclosing Violations -
On December 13, 2019, the Department of Justice (DOJ)...more