News & Analysis as of

Foreign Affiliates

Goodwin

OCC Rescinds Recovery Planning Standards and Guidelines

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Welcome to Goodwin’s Financial Services News Roundup. Our newsletter highlights important legal, regulatory, and business developments related to financial services and banking....more

Eversheds Sutherland (US) LLP

Treasury and IRS Issue Final Regulations on the Stock Repurchase Excise Tax: Key Changes for M&A and Foreign Affiliates

The IRS and Treasury have issued final regulations (TD 10037) that eliminate stock repurchase excise tax exposure for M&A transactions, take-privates, and leveraged buyouts – a major win for deal structuring. The rules also...more

DLA Piper

Canada’s 2025 Federal Budget: Key International Tax Measures

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Canada’s 2025 Federal Budget (“Budget 2025”) was light on international tax measures compared to recent years. The major development is the revamping of Canada’s transfer pricing rules following a public consultation process...more

Fenwick & West LLP

BIS Suspends the Affiliates Rule, Lifting Restrictions on Restricted Party Affiliates

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On November 10, 2025, the United States Department of Commerce, Bureau of Industry and Security (BIS) announced a one-year suspension of the “Affiliates Rule,” which imposed U.S. export control restrictions on entities 50...more

Skadden, Arps, Slate, Meagher & Flom LLP

BIS Suspends Affiliates Rule for One Year as Part of the US-China Trade Deal

On November 10, 2025, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule, announcing a one-year suspension (the Suspension) of its interim final rule, “Expansion of End-User Controls to...more

Benesch

NEW BIS 50% Screening Rule Now Delayed One Year: China Deal Changes for Trade Compliance

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Trade compliance professionals faced a new challenge when BIS launched the new Affiliates Rule that required screening of all parties with 50% interest. Now the new U.S. trade deal with China pauses this increase in export...more

Lowenstein Sandler LLP

One-Year Suspension of End-User Controls for Affiliates of Listed Entities

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On November 12, 2025, the Bureau of Industry and Security (BIS) at the Department of Commerce published a one-year suspension of the “Expansion of End-User Controls to Cover Affiliates of Certain Listed Entities” rule (the...more

Vinson & Elkins LLP

Growing Trade Compliance Hurdles: BIS Adopts the 50% Rule for Entity List and MEU List Entities (UPDATED)

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UPDATE - On November 10, 2025, the Department of Commerce’s Bureau of Industry and Security (“BIS”) issued its final rule staying the new Affiliates Rule, which will make any unlisted foreign entity owned, directly or...more

DLA Piper

US trade deal with China update: The BIS suspended the 50-percent ownership rule and the Government reduced tariffs on China

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On November 1, 2025, the White House issued a fact sheet titled “President Donald J. Trump Strikes Deal on Economic and Trade Relations with China.”...more

Goodwin

Not Guilty (Yet): The Export-Related Affiliates Rule Is Postponed by One Year

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The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) is suspending the new Affiliates Rule (read our October 3, 2025 alert to learn more about the rule) until November 9, 2026. ...more

Miller Canfield

White House Suspends BIS Affiliates Rule for One Year

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On November 1, 2025, the White House issued a Fact Sheet announcing a one-year suspension of the “Affiliates Rule” effective November 10, 2025. The Bureau of Industry and Security (“BIS”) will implement the one-year...more

Holland & Knight LLP

BIS Expands Impact of U.S. Export Controls with 50 Percent Rule

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The U.S. Department of Commerce Bureau of Industry and Security (BIS) published a much-anticipated interim final rule (IFR) on Sept. 30, 2025. The IFR makes foreign entities that are owned 50 percent or more, directly or...more

DLA Piper

Expansion of end-user controls to cover affiliates: BIS adopts 50 percent ownership rule for Entity List, Military End User List,...

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On September 30, 2025, the Bureau of Industry and Security (BIS) published an interim final rule (IFR) amending the Export Administration Regulations (EAR) to expand end-user controls and address diversion risks associated...more

Dorsey & Whitney LLP

Commerce Extends U.S. Export Control Restrictions to Affiliates of Parties on the Entity List

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On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (“BIS”) announced it was extending restrictions imposed by its Entity List and its Military End User (“MEU”) List to organizations...more

Venable LLP

BIS Adopts New "Affiliates Rule" Standard for Entity List and Other Restricted End User Lists

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In response to national security concerns regarding shipments of export-controlled items diverted to entities on the Entity List and other U.S. restricted parties lists, the U.S. Department of Commerce, Bureau of Industry and...more

The Volkov Law Group

OFAC Imposes $608,825 Penalty on Key Holding, LLC for Apparent Violations of Cuban Sanctions Regulations

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On July 2, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced that it had entered into a settlement agreement with Key Holding, LLC (“Key Holding”), a privately held logistics and...more

Holland & Knight LLP

DCSA Releases Updated Standard Form 328, Certificate Pertaining to Foreign Interests

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The Defense Counterintelligence and Security Agency (DCSA) published a press release on May 9, 2025, announcing an updated Standard Form 328 (SF-328), Certificate Pertaining to Foreign Interest. The updated form was approved...more

Akerman LLP

BE-10 Benchmark Survey of U.S. Direct Investment Abroad Due May 30

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The Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce is currently conducting its BE-10 Benchmark Survey of U.S. Direct Investment Abroad, which is due May 30, 2025. This survey stands as the most...more

Fenwick & West LLP

BE-10 Survey Filing Required for Certain U.S. Business Entities with Foreign Affiliates by May 30, 2025

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The U.S. Department of Commerce’s Bureau of Economic Analysis (BEA) administers a survey every five years to collect information from U.S. persons that hold, directly or indirectly, at least 10% of the voting interest in a...more

Fenwick & West LLP

Key Changes in the Final and Proposed Digital Content and Cloud Computing Regulations

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The U.S. Department of Treasury (Treasury) released final and proposed regulations under § 861 of the Code addressing the U.S. federal income tax classification of digital content and cloud computing transactions (the “Final...more

BakerHostetler

Understanding the Mandatory BE-10 Survey of US Investments Abroad

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BEA administers the mandatory BE-10 survey to obtain key statistics on U.S. investment abroad for U.S. agencies, policymakers, business leaders, researchers, and the general public. Generally, any U.S. person that had a...more

Wilson Sonsini Goodrich & Rosati

Commerce’s Bureau of Economic Analysis Issues Mandatory Five-Year Survey of U.S. Direct Investment Abroad

The U.S. Department of Commerce's Bureau of Economic Analysis (BEA) recently issued its mandatory five-year benchmark survey to obtain data on direct investment abroad by U.S persons and businesses. The survey, known as the...more

Venable LLP

OFAC Issues Sanctions Compliance Guidance and Scenarios for U.S. and International Maritime Industry

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On October 31, 2024, the U.S. Treasury Department's Office of Foreign Assets Control (OFAC) issued scenario-based guidance specific to the maritime shipping industry....more

Shumaker, Loop & Kendrick, LLP

Client Alert: Two Florida Statutes That May Be Applicable to Your Business When Executing or Renewing a Contract with a Government...

Government entities are subject to strict regulation and reporting requirements when contracting with vendors. Florida statutes often require affidavits from vendors as a condition precedent to contracting with government...more

Holland & Knight LLP

California OTA Ruling Favors Microsoft on Foreign Dividend Sales Factor Treatment

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The California Office of Tax Appeals (OTA) denied a request for rehearing of a July 2023 OTA opinion favorable to Microsoft Corp. that could have wide-ranging impacts for a water's edge filer in California, particularly one...more

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