News & Analysis as of

State-Owned Enterprises

When Is a Private Company Considered a Public Body and Subject to the EU Procurement Rules?

by Bryan Cave on

The case itself is a judgement of 5 October 2017, following a request for a preliminary ruling from a regional court in Lithuania to the ECJ. The question submitted was essentially should a private company established by the...more

TPP-11 Moving Forward

by Jones Day on

Steven Okun, Governor and Chair of the TPP Task Force of the American Chamber of Commerce in Singapore ("AmCham") and Senior Advisor to McLarty Associates, discusses with Jones Day partner Darren Murphy the progress of the...more

Oil & Gas Sector in Mexico: Comisión Nacional de Hidrocarburos Announces Petróleos Mexicanos Invitation to Bid for Ayín-Batsil...

by Shearman & Sterling LLP on

On September 18, 2017, the Mexican government, through the Comisión Nacional de Hidrocarburos (National Hydrocarbons Commission or “CNH”), commenced an international tender process to grant the right to enter into a license...more

European Commission Proposes Framework to Screen Certain Foreign Direct Investments

by Latham & Watkins LLP on

Proposal coordinates existing national screening mechanisms, grants the Commission powers to review investments of “Union interest.” European Parliament and Member States’ approval still required. Key Points: On 13...more

Chinese Buyers Act Quickly – Parallel UK & EU Foreign Takeover Control Systems Proposed

by Bryan Cave on

On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European...more

Africa Focus: Sub-Saharan African power projects - Credit support and enhancement

by White & Case LLP on

Counterparty credit risk continues to remain a key, often threshold concern for private sector sponsors and lenders to the majority of power projects in sub-Saharan Africa. Structuring power projects in an effort to overcome...more

President Prohibits Chinese Investment in U.S. Semiconductor Company Following Recommendation from CFIUS

by Bryan Cave on

On September 13, 2017, President Trump issued an Executive Order citing unresolved national security concerns in prohibiting the $1.3 billion acquisition of a publicly traded semiconductor manufacturer by a group of investors...more

Implications of the 2016 US Presidential Election for Trade Policy

by White & Case LLP on

The election of Donald J. Trump as the 45th President of the United States will have important implications for US trade policy. Assessing these implications in the immediate aftermath of the presidential election is,...more

US Imposes Sanctions Targeting Debt, Equity, and Securities of the Venezuelan Government and PdVSA

by White & Case LLP on

On August 24, 2017, President Trump signed Executive Order 13808 entitled "Imposing Additional Sanctions with Respect to the Situation in Venezuela." EO 13808, which became effective on August 25, 2017, prohibits certain...more

New Sanctions Target the Government of Venezuela's Access to US Capital Markets

On August 25, 2017, the U.S. government dramatically increased sanctions on the government of Venezuela. Unlike the Venezuela-related sanctions already in effect, which are list-based and to date have targeted only specific...more

Financing California’s Cannabis Businesses: Public Banking Model as a State-Level Solution

by Wilson Elser on

The California Cannabis Banking Working Group (CBWG) is meeting this week to discuss the prospect of implementing a public banking model in California to facilitate access to financial services for marijuana-related...more

New Law Imposes Expansive New Sanctions on Russia, Iran and North Korea While Limiting the President’s Ability to Ease Russia...

On August 2, 2017, President Trump signed into law the Countering America’s Adversaries Through Sanctions Act of 2017 (Pub. Law. No. 115-44, H.R. 3364) (the “Act”), which significantly expands economic sanctions against...more

President Trump Signs New Sanctions Legislation into Law

by Jones Day on

On August 2, 2017, President Trump signed the "Countering America's Adversaries Through Sanctions Act" ("Act") into law. The Act, which codifies and strengthens sanctions against Russia and expands sanctions against Iran and...more

Client alert: New law may significantly impact international trade

by Thompson Coburn LLP on

The President signed into law the Countering America’s Adversaries Through Sanctions Act (“CAATSA”) on August 2, 2017, which could have a significant impact on international trade. CAATSA targets three countries with new...more

New Law Marks Significant Increase in US Sanctions on Russia, Stays the Course on Iran, North Korea

On August 2, 2017, President Donald Trump signed into law the Countering America’s Adversaries Through Sanctions Act (the Act), which significantly expands U.S. sanctions against Russia while enacting modest new sanctions on...more

“Self-Governance,” Not “Regulation”: California Supreme Court Rules No Federal Preemption of CEQA under ICCTA for State-Owned Rail...

by Downey Brand LLP on

On July 27, the California Supreme Court released its long-awaited decision in Friends of the Eel River v. North Coast Railroad Authority (S222472), resolving a split among the State’s courts of appeal—but arguably...more

Ukraine: Draft Changes to PPA for Renewables

by Dentons on

Please be informed that on 25 July 2017 National Commission on State Regulation of Energy and Utilities in Ukraine (the “Regulator”) has adopted the draft changes to the template (prymirnyy) PPA between producers of...more

Ukraine: on track to becoming an attractive investment destination

by DLA Piper on

Situated between the European, Russian and Asian markets, Ukraine, with its highly qualified workforce and a number of inexpensive assets on offer, is an interesting prospect for investors, particularly those who are looking...more

What to Expect From NAFTA Renegotiations

On July 17, 2017, the office of the U.S. Trade Representative (USTR) released a report on U.S. goals to modify the current North American Free Trade Agreement (NAFTA). The report provides insight into the issues that will be...more

Selling to China: Four Key Questions All Private Equity Deal Teams Should Ask on an Exit

by Latham & Watkins LLP on

Chinese acquirers are playing an increasingly important role as buyers of private equity sponsored companies — nearly 200 portfolio companies were sold to Chinese entities in 2016. However, in our view, measures taken by the...more

China's State Secret Laws: Five Unique Risks for Working With SOEs

by Kobre & Kim on

Despite opening its borders, the Chinese state still controls certain industries through majority or sole ownership. To participate in these industries, multinational companies must often set up equity or contractual joint...more

Defense sector reform

by DLA Piper on

How is the defense sector represented in Ukraine? What are the major problems and challenges facing the Ukrainian defense industry? Find the answers to these questions in the following article by Anastasiya Bolkhovitinova...more

No Immunity for Chinese SOEs in the Hong Kong Courts

The Court of First Instance has confirmed that Mainland entities controlled by the PRC Central People’s Government benefit from “crown” immunity from suit and execution, whilst simultaneously ruling that state owned...more

Ninth Circuit Affirms First Federal Criminal Jury Conviction for Economic Espionage

by Dechert LLP on

The U.S. Court of Appeals for the Ninth Circuit on May 5, 2017 upheld the 2014 convictions of a California businessman, Walter Liew (“Liew”), and his company USA Performance Technology, Inc. (“USAPTI”), for various violations...more

MEMR Regulation 10 of 2017 of Indonesia: Blurring the Lines

by Shearman & Sterling LLP on

Indonesia’s state-owned power company, PT PLN (Persero) (PLN) has a long track record of successfully financed independent power projects (IPPs) and a very well established form of power purchase agreement (PPA). It has to...more

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