Jones Day Talks: Italy Embraces Foreign investment but Maintains Oversight
In 2021, the EU adopted an updated version of the EU Dual-Use Regulation, which establishes common standards for the control of dual-use item exports by EU member states. Among its new provisions, Regulation (EU) 2021/821...more
On September 11, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) published a proposed rule that would require U.S. persons to report certain activities related to the development or acquisition of...more
The US Government just placed Australia and the United Kingdom (UK) in nearly the same position as Canada for dual-use exports under the Export Administration Regulations (EAR) and is poised to go even further with a proposed...more
On April 19, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published an interim final rule (“IFR”) that officially codifies certain changes to the Export Administration Regulations (“EAR”)...more
Continuing the work from the Joint Communication on a European Economic Security Strategy published in June 2023, the European Commission unveiled a comprehensive package with five proposed initiatives to strengthen the EU's...more
The European Commission presented the European Economic Security Package ("EESP"), a toolkit to ramp-up European action in investment, trade and research in the face of rising geopolitical tensions, geo-economic fragmentation...more
On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...more
On March 30, 2023, the United States Department of State announced the adoption—in conjunction with a host of international partners—of a specific Code of Conduct related to human rights considerations in the context of...more
Based on consistent comments by the US Congress, think tanks, and the US-China Economic and Security Review Commission, several members of Congress proposed legislation to shift jurisdiction for export controls from Commerce...more
Since July 2022, Switzerland has expanded existing sanctions and implemented new measures in response to ongoing Ukrainian conflict. Currently, packages six and seven of the EU measures have been implemented to a large...more
The sanctions were first announced in parliament on 28 February 2022, and the specifics were released on 5 March 2022....more
The European Union’s 25 February wave of sanctions build on, and significantly expand, its existing sanctions on Russia, imposing wide-ranging restrictions on the Russian economy—including in respect of Russia’s access to...more
Between March and November 2021 HMRC issued compound penalties in respect of unlicensed exports of dual use goods, military goods and related activity controlled by the Export Control Order 2008 with settlements totalling...more
On December 15, 2021, Congress passed the National Defense Authorization Act (NDAA or Act) for Fiscal Year (FY) 2022, which President Biden is expected to sign into law soon. As usual, the NDAA contains numerous provisions...more
After journey of over four years, the EU adopted Regulation (EU) 2021/821, recasting the Dual-Use Regulation. The new rules will enter into force on 9 September 2021 and will entail stricter catch-all controls on non-listed...more
The European Union and the United Kingdom have each significantly expanded the scope of their sanctions against Belarus in response to the forced Ryanair aircraft landing in May. The new measures adopted target a significant...more
The European Union (EU) has created a new regulation for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. ...more
Key Points - On 11 June 2021 the European Union (the “EU”) published Regulation (EU) 2021/821 (the “Recast Regulation”) in its Official Journal, which marked the final step with respect to modernizing its existing dual use...more
Since it first went into force in 2009, the European Union’s regulation on the export control of dual-use items has undergone several updates to account for emerging technological and other challenges, including cybersecurity...more
On May 10, 2021, the EU adopted its new, revised version of Regulation (EC) No 428/2009 (the “Regulation”). It is widely acknowledged to be the first major reform to the structure of the EU’s export control regime since...more
On 22 March 2021, the UK Government published new official guidance on exporting military or dual-use technology.The guidance provides that controlled software and technology is generally subject to an export licence...more
The Situation: The French government issued on December 31, 2019, new rules substantially revising the French Foreign Direct Investments ("FDI") regulation. These new provisions mostly implement the recent PACTE law and the...more
Further to the Decree of 29 November 2018, which expanded the list of strategic sectors, and to the so-called « PACTE » law of 22 May 2019, which strengthened the enforcement powers of French authorities with respect to the...more
National security interventions have largely been confined to defense-related transactions - Since mid-2018, there have been a number of important changes (actual and proposed) to legislation permitting intervention by...more
Two years after the release of the first draft of the Chinese Export Control Law (the Law) in 2017 (the 2017 Draft), on 28 December 2019, a revised draft was published on the website of the National People's Congress for...more