News & Analysis as of

Exports

Patent Exhaustion: Supreme Court Expands Patent-Limiting Doctrine

The U.S. Supreme Court at the end of the past term handed down a decision, Impression Products, Inc. v. Lexmark International, Inc., that greatly expanded the doctrine of patent exhaustion. This equitable doctrine prevents a...more

With Mugabe's Departure, Should Foreign Investors Reconsider Zimbabwe?

by Jones Day on

The Situation: In November 2017, Robert Mugabe, the only leader Zimbabwe had known in 37 years, was ousted from power. The Development: Will this change in leadership usher in a new era of good governance and economic...more

Sanctions Updates: Cuba, North Korea, Russia, Sudan, Venezuela

by Michael Volkov on

Sanctions compliance is challenging because of the changing nature of sanctions regulations and individuals identified as Specially Designated Nationals. With each new administration, foreign policy priorities are usually...more

Revised U.S. Regulations Support Cuba's Private Sector, but Travel Restrictions Remain

by Jones Day on

The Situation: Regulations implementing tightened U.S. policy towards engagement with Cuba have rolled back a number of Obama-era initiatives and are effective immediately. The Result: Provisions that encourage Cuban...more

Red Notice Newsletter - November 2017

ANTICORRUPTION DEVELOPMENTS – SBM Offshore N.V. Agrees to Pay $238 Million to Resolve DOJ FCPA Enforcement Action - On November 29, 2017, SBM Offshore N.V. (SBM), a Netherlands based company specializing in the...more

In Directional Shift, US Implements New Restrictions on Cuba

On November 8, 2017, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce's Bureau of Industry and Security (BIS), and the U.S. Department of State announced...more

Does What Happens Outside the U.S. Stay Outside the U.S.?

As the economy continues to globalize, so too does the reach of antitrust law. Two recent cases illustrate the interaction between international trade and U.S. antitrust law: Biocad v. F. Hoffman-La-Roche Ltd. and In re...more

Deemed Exports and You

by Tucker Arensberg, P.C. on

You may be surprised to learn that you can commit an export control violation without shipping a single product overseas. This is due to the “deemed export” rule....more

Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 7

by Jones Day on

USDA Inspector General Recommends Reform of AMS Organic Program for Imports - The USDA Inspector General ("IG") reviewed the Agricultural Marketing Service's ("AMS") process used in determining whether exporting...more

Executive Regulation on Value Added Tax in the UAE

by Bracewell LLP on

The United Arab Emirates (“UAE”) Federal Tax Authority has recently published the draft Executive Regulations of Federal Decree Law No. 8 of 2017 on Value Added Tax (the “VAT Law”) which introduces a 5% VAT on the import and...more

Retrenchment on Cuban Sanctions; The Search for a Middle Ground

The Trump Administration has made good on its promise to cut back on the liberalized Cuban policy implemented by the Obama Administration with a new regime that introduces new travel restrictions as well as broad prohibitions...more

EU adopts sanctions against Venezuela

by White & Case LLP on

The EU has adopted a range of targeted sanctions against Venezuela, including an arms embargo and a ban on exports of equipment which could be used for internal repression and surveillance, as well as setting up a legal...more

Currents - Energy Industry Insights - November 2017 #2

Wheeling Resident David Zatezalo Confirmed to Lead MSHA - "In a strict party-line vote, the U.S. Senate confirmed Wheeling resident David Zatezalo to lead the federal Mine Safety and Health Administration. The vote to...more

Trade and Manufacturing Alert - November 2017

by King & Spalding on

KORUS Renegotiation Update - As we have reported previously, United States Trade Representative (USTR) Robert Lighthizer formally notified Korea in July that the U.S. requested a special Joint Committee meeting under the...more

Grain, Ethanol Industry Send Letter To U.S. Trade Representative On Brazil Ethanol Tariff

by Bergeson & Campbell, P.C. on

On November 14, 2017, the Governors' Biofuels Coalition announced that grain and ethanol industry stakeholders, including the U.S. Grains Council, the Renewable Fuels Association (RFA), and Growth Energy, sent a letter to...more

Trade & Manufacturing - News of Note - Novermeber 2017

by King & Spalding on

U.S. Census Seeks Comments On Routed Export Transactions – On October 6, 2017, the U.S. Census Bureau published a Federal Register notice inviting public comment on the regulations for routed export transactions. Routed...more

Cuba Sanctions Guidance: November 2017 Update

by Baker Donelson on

On November 9, 2017, changes to the United States' Cuba Sanctions program went into effect, as the Department of Treasury's Office of Foreign Assets Control (OFAC) and the Department of Commerce's Bureau of Industry and...more

U.S. Employs Rarely Used Tool to Probe China IP Practices

As President Trump visits China, U.S. is investigating a longstanding issue in bilateral relationship—technology transfer/intellectual property requirements—that has potential implications for trade. U.S. business and...more

Important amendments were introduced into the export-import regulations of Uzbekistan

by Dentons on

On 6 November 2017, the Resolution of the President of the Republic of Uzbekistan “On measures for further liberalization of foreign trade activity and support of business entities” entered into force (the Resolution)....more

A Primer on Canadian Sanctions Legislation

Canada, like other major jurisdictions, has introduced a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations. Given that Canada is in...more

BIS Clarifies Use of License Exceptions GOV and STA

On November 1, 2017, the Department of Commerce’s Bureau of Industry and Security (BIS) introduced clarifications to the Export Administrative Regulations (EAR) for the use of license exception “Governments, International...more

Red Notice Newsletter - October 2017

ANTICORRUPTION DEVELOPMENTS – Global Compliance Overhaul for SAP as DOJ and SEC Investigate Payments Allegedly Related to South African Government Contracts – On October 26, 2017, German software company SAP SE...more

Sudan Sanctions Revocation Formalized, But Compliance Challenges Remain

by Baker Donelson on

On October 12, 2017, the Treasury Department’s Office of Foreign Assets Control (OFAC) revoked certain parts of its economic sanctions regime with respect to Sudan and the Government of Sudan. OFAC issued a General License...more

U.S. State Department Issues Belated List and Guidance on Extraterritorial Sanctions Affecting Russian Defense and Intelligence...

• On October 27, 2017, the U.S. State Department issued guidance identifying 39 entities related to the defense and intelligence sectors of the Government of the Russian Federation and issued related guidance on criteria to...more

State-Owned Belarusian Oil, Petrochemical, and Refinery Companies Remain Open for U.S. Business

by Holland & Knight LLP on

On October 24, OFAC issued General License No. 2D renewing sanctions exemptions for nine Belarusian entities to make transactions otherwise prohibited by Executive Order 13405. Of note, the list of nine entities includes...more

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