In this episode, Akin Gump international trade partner Steve Kho and public law and policy partner Clete Willems discuss the U.S.-China trade war, where it stands and where it may be going.
Among the topics covered:
• The...more
12/12/2019
/ China ,
Exports ,
Imports ,
National Security ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trade Wars ,
Trump Administration ,
US Trade Policies ,
WTO
Key Points
- USTR has proposed to impose additional duties of up to 100 percent ad valorem on $2.4 billion in imports of French products in response to France’s Digital Services Tax.
- The proposed duties would apply...more
12/5/2019
/ Digital Service Providers ,
Digital Services Tax ,
France ,
Importers ,
International Tax Issues ,
Public Comment ,
Public Hearing ,
Retaliatory Tariffs ,
Rulemaking Process ,
Section 301 ,
Tax Policy ,
USTR
At the World Trade Organization’s (WTO’s) 2019 Public Forum last week—where members of the public, academia and civil society discussed ideas on the theme of “Trading Forward: Adapting to a Changing World”—a group of 28...more
10/21/2019
/ Cross-Border Transactions ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Data-Sharing ,
E-Commerce ,
Information Security ,
Personal Data ,
Public Forum ,
Technology Sector ,
Trade Relations ,
WTO
• The USTR will consider a second list of products, totaling $4 billion in imports, to include in its proposed duties of up to 100 percent ad valorem on EU imports.
• The additional list covers 89 separate 8-digit HTSUS...more
7/5/2019
/ Comment Period ,
EU ,
Imports ,
Public Comment ,
Public Hearing ,
Section 301 ,
Tariffs ,
Trade Act of 1974 ,
Trade Relations ,
US Trade Policies ,
USTR
• On 2 November 2016, the Swiss Federal Council announced that it planned to reduce barriers to market entry for FinTech companies.
• The program of the Swiss Federal Council comprised three pillars consisting of (i) the...more
• On 17 January 2019, sufficient signatures were filed requesting a referendum on the Federal Act on Tax Reform and AHV Financing (TRAF).
• The public vote will be held on 19 May 2019.
• If TRAF is accepted by the...more
• The International Court of Arbitration (the “Court”) of the ICC has published a Note to Parties and Arbitral Tribunals on the conduct of the arbitration under the ICC Rules of Arbitration (the “Note” or the “2019 Note”)...more
2/22/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Commercial Arbitration ,
Data Protection ,
Disclosure Requirements ,
Duty to Disclose ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
Investor-State Arbitration ,
Transparency ,
Tribunals
• Following the 2008 crisis, Switzerland launched a legislative project to create uniform competitive conditions for financial intermediaries and improve client protection.
• Swiss Parliament adopted the FinIA on 15 June...more
2/13/2019
/ Anti-Money Laundering ,
Asset Management ,
Financial Institutions ,
Financial Instruments ,
Financial Markets ,
Financial Services Act ,
Financial Services Industry ,
FINMA ,
Foreign Investment ,
Intermediaries ,
Switzerland ,
Trustees
• Following the 2008 crisis, Switzerland launched a legislative project to create uniform competitive conditions for financial intermediaries and improve client protection.
• Swiss Parliament adopted the FinSA on 15 June...more
2/13/2019
/ Financial Institutions ,
Financial Instruments ,
Financial Markets ,
Financial Services Act ,
Financial Services Industry ,
FINMA ,
FINSA ,
Foreign Investment ,
Intermediaries ,
Key Information Document (KIDs) ,
MiFID II ,
Prospectus Regulation (PR3) ,
Switzerland
• The current reform of the ICSID Rules, launched in October 2016, is the most far-reaching amendment process in over 50 years.
• The reform aims at modernizing and simplifying the Rules, enhancing the balance between...more
12/10/2018
/ Arbitration ,
Arbitration Awards ,
Arbitrators ,
Bifurcation ,
Comment Period ,
Electronic Filing ,
ICSID ,
Investors ,
Member State ,
Proposed Rules ,
Public Comment ,
Third Party Funding ,
Transparency
• Since 2015, acquirers of Swiss non-listed bearer shares must report their name and address to the company within one month of the acquisition. The ultimate beneficial owner of an interest of 25 per cent or more has to be...more
11/8/2018
/ Acquisitions ,
Anti-Money Laundering ,
Bearer Shares ,
Beneficial Owner ,
Corporate Criminal Fines ,
Disclosure Requirements ,
FATF ,
Liquidation ,
Reporting Requirements ,
Shareholders ,
Swiss Banks ,
Switzerland
• Under Swiss law, Swiss employers must levy an employment withholding tax on the salary received by foreign nationals who do not hold a permanent residence permit.
• Only taxpayers whose salary exceeds a certain amount...more
10/30/2018
/ Bilateral Agreements ,
Cross-Border ,
Employment Tax ,
EU ,
Foreign Nationals ,
Income Taxes ,
New Rules ,
Non-Permanent Residents ,
Switzerland ,
Tax Deductions ,
Tax Liability ,
Tax Reform ,
Tax Returns ,
Wage and Hour ,
Withholding Tax
• Switzerland’s privileged taxation of companies is no longer in line with international standards.
• In 2017, the first attempt to abolish the internationally criticized regime was clearly rejected by Swiss voters.
• On 28...more
10/11/2018
/ Corporate Taxes ,
Domicile ,
Financial Institutions ,
Holding Companies ,
Income Taxes ,
International Tax Issues ,
New Legislation ,
Switzerland ,
Tax Legislation ,
Tax Rates ,
Tax Reform
On Sunday, September 30, President Trump reached an agreement with the governments of Canada and Mexico to revise and modernize the North American Free Trade Agreement (NAFTA). Publishing the text of the new agreement just...more
10/10/2018
/ Agricultural Sector ,
Aluminum Sales ,
Automotive Industry ,
Canada ,
Copyright Infringement ,
Cross-Border Transactions ,
Dairy Farmers ,
Dispute Resolution ,
Exchange Rates ,
Exports ,
Forced Labor ,
Foreign Relations ,
Free Trade Agreements ,
Imports ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Investor State Dispute Settlement (ISDS) ,
Mexico ,
NAFTA ,
Section 232 ,
Steel Industry ,
Sunset Provisions ,
Tariffs ,
TPA Agreement ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR
• The Swiss Federal Tax Administration published a new circular letter on lump-sum taxation.
• The circular sets out a minimum taxable income of CHF 400,000 even if the living expenses are lower.
• The stricter rules...more
• The administration’s drug pricing Blueprint combines proposals that are already under way with new initiatives that may or may not be adopted.
• Many of the more dramatic proposals would require federal rulemaking or...more
5/17/2018
/ Biosimilars ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Drug Pricing ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Health Care Providers ,
Legislative Agendas ,
Medicaid ,
Medicare ,
Medicare Part D ,
Out-of-Pocket Expenses ,
Patients ,
Pharmaceutical Industry ,
Prescription Drugs ,
Request For Information ,
Section 340B ,
Trade Agreements ,
Trump Administration ,
WTO
The Australian Domestic Gas Security Mechanism at a Glance -
On June 5, 2017, the Australian government released draft amendments to the existing Customs (Prohibited Exports) Regulations 1958 (the “Amended Regulations”)...more
On Tuesday, May 23, the Office of the U.S. Trade Representative issued a Federal Register notice asking for public comments on what the negotiating objectives should be for the North American Free Trade Agreement (NAFTA)...more
Yesterday morning, the Office of the United States Trade Representative (USTR) formally notified Congress that the administration intends to initiate renegotiations with Mexico and Canada on the North American Free Trade...more
Invoking statutory authority not used in almost two decades, President Trump on April 20, 2017, directed the U.S. Department of Commerce (DOC) to conduct an investigation into the effects of steel imports on U.S. national...more
4/26/2017
/ Anti-Dumping Duty ,
Countervailing Duties ,
GATT ,
Imports ,
National Security ,
Presidential Memorandum ,
Section 232 ,
Statutory Authority ,
Steel Industry ,
Trade Expansion Act of 1962 ,
Trade Policy ,
Trade Remedies ,
Trump Administration ,
U.S. Commerce Department ,
Unfair Trade Practices Act ,
WTO
The results of the U.S. presidential election are historic and unanticipated, and they will have significant economic, political, legal and social implications. As we prepare for the Trump presidency, many uncertainties...more
11/17/2016
/ Antitrust Provisions ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Energy Sector ,
Environmental Policies ,
Foreign Policy ,
Health Insurance ,
Immigration Enforcement ,
Tax Reform ,
Trade Policy ,
Trump Administration
In the aftermath of Brexit, the United Kingdom is faced with the challenge of negotiating a relationship with the European Union that balances Single Market access with national control over the movement of goods and workers....more
In the aftermath of Brexit, the United Kingdom is faced with the challenge of negotiating a relationship with the European Union that balances Single Market access with national control over the movement of goods and workers....more
In the aftermath of Brexit, the United Kingdom is faced with the challenge of negotiating a relationship with the EU that balances Single Market access with national control over the movement of goods and workers. This...more
In the aftermath of Brexit, the United Kingdom is faced with the challenge of negotiating a relationship with the European Union that balances Single Market access with national control over the movement of goods and workers....more