News & Analysis as of

State-Owned Enterprises

U.S. Government Takes Steps Toward Implementation of Sanctions on Russia

by Jones Day on

The United States has taken significant steps toward fully implementing the sanctions imposed on Russia pursuant to the Countering America’s Adversaries Through Sanctions Act of 2017, which codifies and strengthens certain...more

China's State Secret Laws: What To Do When Trade Secrets Collide with State Secrets

by Kobre & Kim on

Multinational companies doing business in China should treat the sensitive information received from their Chinese partners with special care, particularly if the information originates from a state-owned enterprise (SOE)....more

National security reviews 2017: A global perspective — United Kingdom

by White & Case LLP on

National security interventions have, with one exception, involved defense considerations - Unlike many other jurisdictions, acquisitions in potentially sensitive industries do not, as a matter of course, require parties...more

National security reviews 2017: A global perspective — European Union

by White & Case LLP on

European investment screening "light" — first steps towards European investment controls - Due to the significant increase of foreign direct investment into European technology assets over the past 18 months, particularly...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

Vietnam Directs Divestment of State-Owned Enterprises

by Jones Day on

The Situation: Vietnam, like other developing countries, is challenged by the prominence of state-owned enterprises throughout its economy. The Development: The Vietnamese government has directed that state ownership in a...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

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

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Cybersecurity

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