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State-Owned Enterprises

Holland & Knight LLP

México publica reformas y actualizaciones en la normativa energética

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México publicó reformas y actualizaciones a diversas leyes y regulaciones energéticas, como se describe a continuación. Simplificación fiscal al régimen fiscal de PEMEX. Ahora PEMEX sólo está obligada a pagar el Derecho...more

Latham & Watkins LLP

Cram-across: Sino-Ocean Restructuring Plan Makes Waves

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The evolution of the English RP continues to push the jurisdictional envelope. The English court’s sanction of the Sino-Ocean restructuring plan (RP) marks an interesting development in the evolution of the English RP....more

The Volkov Law Group

Episode 350 -- Deep Dive into McKinsey FCPA Case

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What went wrong when McKinsey paid bribes to secure consulting contracts with South Africa's state-owned enterprises? In this episode, Michael Volkov dives into the December 2024 DOJ settlement with McKinsey & Company,...more

Morrison & Foerster LLP

Second Circuit Clarifies the Scope of Common Law Sovereign Immunity in Criminal Actions

On October 22, 2024, the Second Circuit Court of Appeals affirmed the Southern District of New York’s decision denying the motion of Turkiye Halk Bankasi A.S. (“Halkbank”), a commercial bank that is majority owned by the...more

Jones Day

Second Circuit Denies Common-Law Sovereign Immunity for Foreign State-Owned Entities

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The court held that the Executive Branch's decision to criminally prosecute a foreign state-owned entity for commercial activity is entitled to deference and thus strips the entity's immunity under common law....more

Wiley Rein LLP

Commerce Confirms that Vietnam Remains a Non-Market Economy

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On August 2, 2024, the U.S. Department of Commerce (the Department) determined that the Socialist Republic of Vietnam (Vietnam) continues to function as a non-market economy (NME) and will continue to be treated as such for...more

Davies Ward Phillips & Vineberg LLP

Canada Signals High Bar for Investment Canada Act Approvals for Acquisitions of Critical Minerals Businesses

Canada’s Minister of Innovation, Science and Industry (Minister) recently issued a Ministerial Statement on Net Benefit Reviews of Canadian Critical Minerals Companies. Transactions involving important Canadian mining...more

WilmerHale

New Chinese Regulation on Fair Competition Review

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On June 6, 2024, Premier Li Qiang signed a State Council decree introducing the Regulation on Fair Competition Reviews (the Regulation) effective August 1.  According to the Regulation, administrative agencies and...more

Stikeman Elliott LLP

New Public Register Proposed for Advocates of Foreign State-Owned and Controlled Enterprises (UPDATE)

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Update: Bill C-70, the Countering Foreign Interference Act, has been passed by Parliament and received Royal Assent on June 20, 2024.  The only amendment made to the Foreign Influence Transparency and Accountability Act, as...more

WilmerHale

Court Judgment Regarding Scope of the Ownership and Control Test Under the UK Sanctions Regime

WilmerHale on

On Friday, 6 October 2023 the Court of Appeal handed down judgment in the case of Mints v PJSC National Bank Trust & Anr [2023] EWCA Civ 1132. This judgment is significant and is a key, albeit non-binding, indicator of the UK...more

Dorsey & Whitney LLP

Fundamental Research & National Security: Recent Developments & New Issues

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According to the National Center for Science and Engineering Statistics (“NCSES”), a key driver in the scientific and technological accomplishments of U.S. research universities is the volume of federal support for research...more

WilmerHale

EU Foreign Subsidies Regime: Publication of Final Implementing Regulation

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The EU’s Foreign Subsidies Regulation (FSR) was adopted in late 2022. Its stated aim is to combat the effects of competitive distortions caused by foreign subsidies in the EU internal market and thereby level the playing...more

Venable LLP

FCC Proposes Rules for Ongoing Review of International Section 214 Authorizations

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The Federal Communications Commission (FCC) plans to exercise more regulatory oversight over entities that have the authority to provide communications between the United States and foreign countries....more

BakerHostetler

I Won’t Get Fooled Again: Measures Universities Should Take to Combat North Korea’s Use of Spearphishing Campaigns to Access Their...

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On June 1, the FBI, the U.S. Department of State and the National Security Agency, together with the Republic of Korea’s (ROK) National Intelligence Service, National Police Agency and Ministry of Foreign Affairs, issued a...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … Anti-Corruption

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The international trade and regulatory environment never has been more difficult for multinational corporations to navigate. For companies that operate, source from, or sell goods, software, or services across borders, legal...more

American Conference Institute (ACI)

[Event] 13th West Coast Forum on FCPA Enforcement and Compliance - June 14th - 15th, San Francisco, CA

Hosted by American Conference Institute, the 13th West Coast Forum on FCPA Enforcement and Compliance returns for another exciting year, providing the opportunity to connect with decision-makers from your industry, gather...more

White & Case LLP

Overview of the EU’s 10th sanctions package in relation to Russia

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On 25 February 2023, the EU adopted its tenth sanctions package against Russia. More industrial, high-tech and aviation goods are now banned for export to Russia, while Russian bitumen and related materials, synthetic rubber...more

HaystackID

[Webcast Transcript] The Digital Great Wall: Data Protection in Today’s China

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Editor’s Note: On January 18, 2023, HaystackID shared an educational webcast on China’s emerging statutes and regulations governing the processing, disclosure, and transfer of data. As Chinese entities increasingly become...more

Cozen O'Connor

Canada Gets Tough on Chinese Investors

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Last year saw a fundamental shift in Canada’s trade policy. As the year dawned, Canada still permitted, perhaps even welcomed, investments by Chinese companies. By the end of 2022, however, the government had adopted what...more

Foley Hoag LLP

Comity or Condemnation: Supreme Court to Decide Whether State-Owned Bank is Immune from Criminal Prosecution Under the Foreign...

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The Supreme Court of the United States is set to determine whether the United States can prosecute a commercial bank, which is majority-owned by the Republic of Turkey, for allegedly violating U.S. law. In 2019, U.S. federal...more

White & Case LLP

Impending USD LIBOR Discontinuation: Key Considerations for Latin America Loan Market

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This article sets out certain key considerations specific to the Latin American loans market that may arise in transitioning legacy USD LIBOR loans to SOFR and supplements our earlier article published on December 6, 2022 on...more

Davies Ward Phillips & Vineberg LLP

Canada Moves to Strengthen National Security Review of Foreign Investments

The Canadian government has proposed legislation to update and reinforce its national security review process under the Investment Canada Act (ICA). The proposed changes contained in Bill C-34, National Security Review of...more

Davies Ward Phillips & Vineberg LLP

Canada Clamps Down on Foreign SOE Investments in Critical Minerals

The Canadian government announced a new policy on October 28, 2022 (the Policy) under the Investment Canada Act (ICA) governing investments by state-owned enterprises (SOEs) in Canada’s critical minerals sector....more

Stikeman Elliott LLP

Canadian Government Releases New Policy Regarding Foreign Investments from State-Owned Enterprises in Critical Minerals Under the...

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On October 28, 2022, the Government of Canada released a policy providing additional clarity about how the Investment Canada Act (ICA) will be applied to investments in Canadian entities and assets in critical minerals...more

Latham & Watkins LLP

Sanctions Update: EU and US Impose New Sanctions and Export Controls Relating to Russia

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The EU has issued its eighth “package” of sanctions measures on Russia. Meanwhile, US agencies have issued guidance on “secondary” sanctions enforcement, designated additional SDNs, and restricted further exports to Russia —...more

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