On May 6, 2024, the U.S. Department of the Treasury (Treasury) and Internal Revenue Service (IRS) published final regulations (Final Regulations) regarding clean vehicle tax credits under Internal Revenue Code sections 25E...more
5/22/2024
/ Climate Change ,
Controlled Foreign Corporations ,
Department of Energy (DOE) ,
Electric Vehicles ,
Final Rules ,
Foreign Entities ,
Foreign Governments ,
Foreign Official ,
Green Cars ,
Infrastructure Investment and Jobs Act (IIJA) ,
Internal Revenue Code (IRC) ,
Interpretive Rule ,
IRS ,
License Agreements ,
Safe Harbors ,
Tax Credits ,
U.S. Treasury ,
Zero-Emission Vehicles
On December 4, 2023, the U.S. Department of the Treasury and Internal Revenue Service (IRS) published long-awaited proposed regulations (Notice of Proposed Rulemaking) regarding the Foreign Entity of Concern (FEOC) exclusions...more
12/27/2023
/ Automotive Industry ,
Clean Car Standards ,
Department of Energy (DOE) ,
Electric Vehicles ,
Foreign Entities ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
IRS ,
Motor Vehicles ,
Supply Chain ,
Tax Credits ,
U.S. Treasury
The Public Company Accounting Oversight Board (PCAOB) announced on August 26, 2022, that it has signed a Statement of Protocol (SOP) Agreement with the China Securities Regulatory Commission (CSRC) and China’s Ministry of...more
9/9/2022
/ Accounting ,
Accounting Standards ,
Auditors ,
China ,
China Securities Regulatory Commission (CSRC) ,
Government Investigations ,
Hong Kong ,
Inspections ,
Internal Audit Functions ,
PCAOB ,
Public Accounting Oversight Board ,
Publicly-Traded Companies
On March 23, 2022, the Office of the United States Trade Representative ("USTR") announced its determination ("Determination") to reinstate 352 of the 549 eligible previously granted, extended, and later expired Section 301...more
On November 4, 2021, the U.S. Securities and Exchange Commission (SEC) approved the Public Company Accounting Oversight Board's (PCAOB) Rule 6100, Board Determinations Under the Holding Foreign Companies Accountable Act (Rule...more
12/7/2021
/ Auditors ,
Audits ,
Broker-Dealer ,
Corporate Issuers ,
Disclosure Requirements ,
Final Rules ,
Foreign Corporations ,
Holding Companies ,
Investment Adviser ,
New Rules ,
PCAOB ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Trading Policies
President Biden has signed an Executive Order effective August 2, 2021, affirming and expanding U.S. policy restricting the purchase and sale of publicly traded securities of listed Chinese companies with a nexus to China's...more
7/15/2021
/ Biden Administration ,
China ,
Defense Sector ,
Economic Sanctions ,
Executive Orders ,
Foreign Investment Fund ,
Foreign Policy ,
Human Rights ,
Investors ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
Securities Transactions ,
Surveillance
The interim final amendments (IFR) adopted by the U.S. Securities and Exchange Commission (SEC) to Forms 10-K, 20-F, 40-F and N-CSR to implement the submission and disclosure requirements of the Holding Foreign Companies...more
This alert addresses recent developments relating to former President Trump's executive orders on Chinese Military Companies that affect both investors in covered securities and exporters.
OFAC's Frequent Asked Questions -...more
The Holding Foreign Companies Accountable Act (Act), which was signed into law by President Trump on December 18, 2020, amends the Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley) and requires the Securities and Exchange...more
12/30/2020
/ Amended Legislation ,
Audits ,
China ,
Corporate Governance ,
Foreign Corporations ,
Government Entities ,
New Legislation ,
PCAOB ,
Publicly-Traded Companies ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
On December 23, 2020, the U.S. Department of Commerce Bureau of Industry and Security (BIS) issued the anticipated list of designated military end users (MEU List) under Section §744.21 (MEU Rule) of the Export Administration...more
12/29/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Department of Defense (DOD) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Military End Use ,
National Security ,
NDAA ,
Russia ,
U.S. Commerce Department
On November 12, 2020, President Trump issued an executive order (the "Order") prohibiting United States persons from investing in publicly traded securities of any person designated by the Secretary of Defense or the...more
11/18/2020
/ China ,
Defense Sector ,
Department of Defense (DOD) ,
Divestment ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
NDAA ,
Publicly-Traded Companies ,
Trump Administration ,
US Trade Policies
The BE-10 Benchmark Survey of U.S. Direct Investment Abroad (BE-10 Benchmark Survey) is a mandatory survey conducted once every five years by the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce to obtain...more
The Office of the United States Trade Representative ("USTR") has published a notice in the Federal Register announcing the formal procedures for requests to exclude particular products pertaining to List 3 Chinese-origin...more
The U.S. Trade Representative ("USTR") has announced an increase from 10% to 25% in the Section 301 tariff rate on approximately $200 billion USD worth of "List 3" Chinese imports. The List 3 tariff increase, published in a...more