Compliance with sanctions regimes has been a priority for debt markets. Amid rising geopolitical tensions, the stakes for lenders and borrowers are higher than ever -
Intensifying geopolitical tensions and the US...more
9/5/2024
/ Banking Sector ,
Biden Administration ,
Borrowers ,
Debt Market ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Controls ,
International Emergency Economic Powers Act (IEEPA) ,
Lenders ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Regulatory Authority ,
Sanctions
On June 21, 2024, the US Department of the Treasury issued a Notice of Proposed Rulemaking (“Proposed Rule”) to implement Executive Order 14105 (“EO”) establishing a new Outbound Investment Program ("OIP") to prohibit or...more
The concept of the shadow financial system rose to international prominence in the aftermath of the 9/11 terrorist attacks. In an interview with a Pakistani newspaper a month later, Osama bin Laden stated that Al Qaeda were...more
6/18/2024
/ Anti-Money Laundering ,
CFTC ,
Cross-Border Transactions ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Financial Institutions ,
Financial Services Industry ,
FinCEN ,
International Trade Commission (ITC) ,
Know Your Customers ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Recordkeeping Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
UK ,
Virtual Currency
On February 28, 2024, President Biden signed Executive Order 14117 on "Preventing Access to Americans' Bulk Sensitive Data and United States Government-Related Data by Countries of Concern" (the EO).1 The EO calls for the...more
On February 29, 2024, the US Department of Commerce Bureau of Industry and Security ("BIS") announced an advanced notice of proposed rulemaking ("ANPRM") that asks for public input on potential regulations to address the...more
With the 2023 annual report season upon us, it is time for companies to take stock of risk factors for 10-Ks and 20-Fs, and consider whether recent economic, political, technological, and regulatory developments have had (or...more
12/22/2023
/ Annual Reports ,
Artificial Intelligence ,
Climate Change ,
Cybersecurity ,
Disclosure Requirements ,
Geopolitical Risks ,
Internal Controls ,
Popular ,
Publicly-Traded Companies ,
Risk Factors ,
Securities and Exchange Commission (SEC)
The relatively open cross-border flow of goods, services, capital, people and data that characterized the past four decades of globalization is giving way to a new era of "clubs" and "fences." Clubs form when countries agree...more
The past two years have witnessed significant geopolitical fracturing and macroeconomic difficulties that continue to hamper certain dealmaking. Several sectors have posted transactional lows throughout 2023, and persistent...more
12/11/2023
/ Acquisitions ,
CFIUS ,
China ,
Cross-Border Transactions ,
Debt Financing ,
EU ,
Foreign Direct Investment ,
Foreign Subsidies ,
Global Dealmaking ,
Hong Kong ,
International Trade ,
Mergers ,
Regulatory Agenda ,
Taiwan ,
Trade Secrets ,
United States
On August 9, 2023, President Biden issued a long-awaited Executive Order ("the EO") establishing a new Outbound Investment Program ("OIP") to prohibit certain outbound US investments to China (including Hong Kong and Macau)...more
8/18/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Executive Orders ,
Foreign Investment ,
National Security ,
Notice Requirements ,
Outbound Transactions ,
Popular ,
Prohibited Transactions ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
Following in the footsteps of its predecessor administration, the Biden administration has continued to pursue forceful policies to restrict China's military and technological capabilities and to secure US primacy in advanced...more
12/12/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Competition ,
Data Security ,
Economic Sanctions ,
Export Controls ,
New Rules ,
Regulatory Standards ,
Russia ,
Securities and Exchange Commission (SEC) ,
Taiwan ,
Technology Sector ,
Ukraine ,
Uyghur Forced Labor Prevention Act (UFLPA)
On October 15, 2021, the US Department of the Treasury’s Office of Foreign Assets Control ("OFAC") issued a brochure to promote sanctions compliance in the virtual currency industry (the "Guidance")1 and updated two related...more
Navigating complexities under a new US administration -
Companies active in mainland China and the United States watched with anticipation to see whether the new US Biden administration would depart from aggressive policy...more
On 2 March 2021, the United States and European Union ("EU") imposed coordinated sanctions in response to the poisoning and imprisonment of Russian opposition politician Aleksey Navalny (and the related US determination that...more
On December 23, 2020, the US Department of Commerce's Bureau of Industry and Security ("BIS") issued a final rule creating a "Military End User List" ("MEU List") under the Export Administration Regulations ("EAR"). The final...more
1/8/2021
/ Bureau of Industry and Security (BIS) ,
China ,
Exceptions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
General Licenses ,
Licensing Rules ,
Military End Use ,
National Security ,
U.S. Commerce Department
On September 15, 2020, the US Treasury Department published a final rule modifying the mandatory Committee on Foreign Investment in the United States (CFIUS) filing requirements for certain foreign investments in US...more
On August 17, 2020, the US Commerce Department's Bureau of Industry and Security (BIS) issued two final rules that expand the scope of licensing requirements for transactions involving parties on the Entity List. Both rules...more
8/30/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign-Produced Direct Product Rule (DPR) ,
General Licenses ,
Huawei ,
Licensing Rules ,
New Rules ,
Popular ,
Savings Clause ,
Scope of Coverage ,
Shipping ,
Technology Sector
In late July, the Committee on Foreign Investment in the United States (CFIUS) released its Annual Report for 2019, providing insight into recent CFIUS trends. This included encouraging results on CFIUS outcomes for...more
8/14/2020
/ Annual Reports ,
CFIUS ,
China ,
Corporate Counsel ,
Cyber Threats ,
Enforcement Actions ,
Executive Orders ,
Filing Fees ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Interim Rule ,
Japan ,
Mitigation ,
National Security Review Proceedings ,
Principal Place of Business ,
Prohibited Transactions ,
Short-Form Registration ,
Supply Chain ,
TikTok ,
Trump Administration ,
WeChat
On April 28, 2020, the US Commerce Department's Bureau of Industry and Security (BIS) published two new final rules amending the Export Administration Regulations (EAR). One of the final rules removes license exception Civil...more
5/6/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Commerce Control List ,
Economic Sanctions ,
Electronic Export Information (EEI) ,
End-Users ,
Exceptions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Licensing Rules ,
Military End Use ,
Russia ,
U.S. Commerce Department ,
Venezuela
On January 6, 2020, the US Department of Commerce's Bureau of Industry and Security (BIS) issued the first "emerging technology" rule to control artificial intelligence-based software specially designed to automate the...more
2/10/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Classification ,
ECCNs ,
Emerging Technologies ,
Export Control Reform Act (ECRA) ,
Exports ,
FIRRMA ,
Imports ,
Interim Final Rules (IFR) ,
Public Comment ,
Software ,
Software Licenses ,
Technology Sector ,
U.S. Commerce Department
On January 10, 2020, the President signed a new Executive Order (EO), "Imposing Sanctions With Respect to Additional Sectors of Iran," targeting Iran's construction, mining, manufacturing, and textiles industries. On the same...more
1/15/2020
/ Aluminum Sales ,
Blocked Person ,
Construction Industry ,
Economic Sanctions ,
Executive Orders ,
Foreign Financial Institutions (FFI) ,
Iran ,
Iran Sanctions ,
Manufacturers ,
Metals ,
Mining ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Steel Industry ,
Textiles ,
Trump Administration
On November 27, 2019, the US Department of Commerce (Commerce) issued a notice of proposed rulemaking on the implementation of Executive Order 13873 (the EO), "Securing the Information and Communications Technology and...more
12/3/2019
/ Executive Orders ,
Foreign Adversaries ,
Information and Communication Technology (ICT) ,
Jurisdiction ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Prohibited Transactions ,
Public Comment ,
Secretary of Commerce ,
Technology Sector ,
Telecommunications ,
Trump Administration ,
U.S. Commerce Department
The benefits of paying close attention to details of US export controls and economic sanctions -
Over the past ten years, the United States has increased its focus on the Chinese technology industry as a national security...more
9/11/2019
/ Artificial Intelligence ,
Economic Sanctions ,
Emerging Technology Companies ,
Export Controls ,
Exports ,
Foreign Investment ,
National Security ,
Risk Management ,
Taiwan ,
Telecommunications ,
Trade Wars ,
US Trade Policies
On August 2, 2019, the United States announced the imposition of additional sanctions on the Russian Federation under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act)....more
8/8/2019
/ Banks ,
Biological-Weapons ,
Bonds ,
Bureau of Industry and Security (BIS) ,
Chemical Warfare ,
Chemical Weapons ,
Economic Sanctions ,
Export Controls ,
Exports ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Trump Administration
The US Commerce Department’s Bureau of Industry and Security (BIS) added Huawei Technologies Co., Ltd. (Huawei) and 68 non-US Huawei affiliates to the BIS Entity List, effective May 16, 2019, at 4:15 p.m. Eastern Daylight...more
5/28/2019
/ Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
General Licenses ,
Huawei ,
Network Security ,
Networks ,
Technology Sector ,
Telecommunications ,
U.S. Commerce Department
On May 15, 2019, President Trump issued an executive order (EO), "Executive Order on Securing the Information and Communications Technology and Services Supply Chain," prohibiting certain transactions involving...more
5/21/2019
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Cybersecurity ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Executive Orders ,
Export Controls ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Adversaries ,
Hackers ,
Indictments ,
Industrial Espionage ,
Information Technology ,
Intellectual Property Protection ,
National Security ,
Popular ,
Prohibited Transactions ,
Proposed Legislation ,
Supply Chain ,
Telecommunications ,
Trade Secrets ,
Transfer Restrictions ,
Trump Administration ,
U.S. Commerce Department