Welcome to the summer 2017 edition of Mainbrace. To say we live in interesting times would be a serious understatement. We read headlines on a daily basis that challenge traditionally accepted notions of how governments operate, creating uncertainty as to how they will do so in the future. When you couple that uncertainty with the stiff headwinds faced by the maritime industry in recent years—vessel overcapacity in certain sectors, tight margins, cutbacks in the offshore-service sector, and the promulgation of new and expensive ballast water and air emissions regulatory regimes—the pressure to operate in a fiscally sound, fundamentally safe, and legally responsible manner has never been greater.
As ethical and legal compliance issues dominate the news, we thought it would be a good time to consider a variety of statutory and regulatory compliance matters that affect the maritime industry in the United States. Members of our white collar defense and investigations practice group have contributed a primer on the Foreign Corrupt Practices Act, which may inform your perception of national political developments. George T. Boggs and Stefanos M. Roulakis of our international trade group have provided an article addressing U.S. anti-boycott provisions, which include reporting requirements that may surprise you. Our internationally recognized partner who focuses on Jones Act issues, Jonathan K. Waldron, in conjunction with Matthew J. Thomas and Patricia M. O’Neill, explain the latest developments involving the Executive Branch’s recent proposal to roll back 40 years of Jones Act coastwise-trade rulings.
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