Anti-Corruption

France Implements Sweeping Anti-Corruption ReformFrance Introduces Sweeping Anti-Corruption Reform

Anti-Dumping

Two Years On: Implementation of the New Methodology in Anti-Dumping CasesFirst Country Report on New EU Anti-dumping Rules ReleasedEU’s New Anti-dumping Methodology Enters Into Force

Arbitration

The New Supplemental Arrangement Concerning Enforcement of Arbitral Awards Between Mainland China and Hong KongIn Annulment Proceedings over ICC Award, Paris Court Rules on Nature of US, EU and UN Sanctions

Belarus

EU On Alert Towards Russian FDIOFAC Revokes Key General License Under Belarus Sanctions Program

Belgium

FDI Screening Mechanism Now Active in Belgium

Brexit

UK Competition Law After Brexit – Plus Ça Change…Brexit: No Change Until end-2020; Uncertainty ThereafterThe EU and UK Agree on Arrangements for Brexit Transition Period and Future Relationship Framework

CFIUS

Commerce Imposes Export Controls on Quantum Computing and Other Advanced Technologies, Expands Scope of CFIUS Mandatory Filing RequirementCFIUS Releases 2023 Annual Report: Key TakeawaysTreasury Issues Proposed Rule to Expand CFIUS Jurisdiction Over Real Estate Transactions Near Military Installations

China

The European Commission targets Chinese battery electric vehicles with provisional duties to counteract subsidiesPresident Biden Issues Order Requiring Chinese Owner to Divest Cryptocurrency Mining Facility Near U.S. Military BaseU.S. Circuit Court Finds that Florida Law Prohibiting Foreign Ownership of U.S. Land Likely Preempted by CFIUS Statute

China Trade

The European Commission targets Chinese battery electric vehicles with provisional duties to counteract subsidiesChina Passes “Anti-Foreign Sanctions Law”Biden Administration Overhauls Chinese Securities Investment Restrictions

COVID-19

Italy Further Broadens Its FDI RegimeChanges to the German Foreign Direct Investment Control Regime Take Shape Amid the COVID-19 CrisisCOVID-19: CFIUS Considerations for Distressed M&A and Lending Transactions

Cross-border M&A

UK National Security Regime: Enforcement Practice and Updated GuidanceU.S. Treasury Adopts Final Corporate Beneficial Ownership Reporting RuleGlobal Merger Control and Foreign Direct Investment Considerations Associated with Cross-Border Transactions

Cuba

US Tightens Controls on US-Origin Components in Goods Exported to CubaCuba Sanctions Tighten: OFAC Limits Cuba Travel

Disputes

Russia-Ukraine Disputes Taskforce: Risk of Criminal LiabilityRussia-Ukraine Disputes TaskforceFirst Country Report on New EU Anti-dumping Rules Released

Dual Use

BIS Tightens National Security Export ControlsEU Publishes Non-Binding Guidance on Internal Compliance Programmes for Dual-Use Trade Controls

Enforcement

Treasury Takes Next Step on Implementation of Outbound Investment Regime, Clarifies Certain Aspects of Prior ProposalTreasury Issues Proposed Rule to Expand CFIUS Jurisdiction Over Real Estate Transactions Near Military InstallationsUK Government Publishes Updated Guidance on the Application of the National Security and Investment Act

Europe

The European Commission targets Chinese battery electric vehicles with provisional duties to counteract subsidiesMixed-Interventionist Approach to Cross-Jurisdictional Issues arising from SanctionsCleary Gottlieb FDI Newsletter: November – December 2023

Europe Trade

Cleary Gottlieb FDI Newsletter: November – December 2023UK Government Considers Changes to National Security and Investment RegimeCleary Gottlieb FDI Newsletter: May–July 2023

European Union

EU Takes Time to Ready Outbound Investment Control ToolkitFurther EU Sanctions Against Russia: Council Adopts 12th PackageDutch FDI Review: State Of Affairs

Export Control

Commerce Imposes Export Controls on Quantum Computing and Other Advanced Technologies, Expands Scope of CFIUS Mandatory Filing RequirementBenelux FDI: Luxembourg FDI Screening Regime Enters Into ForceDOJ, Commerce, and Treasury Issue Advisory on Voluntary Self-Disclosure Policies

FDI

Cleary Gottlieb FDI Newsletter: April – June 2024Cleary Gottlieb FDI Newsletter: January – March 2024Overall number of German FDI screenings slightly dropped in 2023, but review follows the trends of prior years

FinTech

President Biden Issues Order Requiring Chinese Owner to Divest Cryptocurrency Mining Facility Near U.S. Military BaseOFAC and FinCEN Announce Joint Enforcement Action Against U.S.-Based Digital Asset ExchangeU.S. Federal Judge Finds Probable Cause for Conspiracy to Violate U.S. Sanctions and to Defraud the United States in First Published Opinion Discussing U.S. Sanctions Violations Involving Use of Cryptocurrency

Foreign Investment

CFIUS Releases 2023 Annual Report: Key TakeawaysCleary Gottlieb FDI Newsletter: April – June 2024UK Government Publishes Updated Guidance on the Application of the National Security and Investment Act

Foreign Subsidies Regulation

The European Commission targets Chinese battery electric vehicles with provisional duties to counteract subsidiesNotification Obligations under the EU Foreign Subsidies Regulation Take EffectCommission Consults on Notification Requirements and Process for EU Foreign Subsidies Regulation

France

French Government Issues Guidelines on FDI RegulationGlobal FDI Review Landscape Continues to EvolveFrance Foreign Investment Control – New Rules Temporarily Applicable to non-EU/EEA Investments Enter Into Force Today

FTAs

European Commission’s Call for Proposals on Regulatory Cooperation under CETAAdoption of European Commission Mandate – Brexit Negotiations Can Now StartECJ Issues Opinion on Singapore FTA: Answers to Guide Brexit Trade Negotiators

Germany

Overall number of German FDI screenings slightly dropped in 2023, but review follows the trends of prior yearsThe evaluation of the German FDI Regime – Cornerstones of potential revisions revealedGerman FDI Reviews of Chinese Investments in 2022 Confirm the Current Trend – Strict Scrutiny and Political Dimension in Decision Making

Hong Kong

The New Supplemental Arrangement Concerning Enforcement of Arbitral Awards Between Mainland China and Hong KongState Department Releases Hong Kong Autonomy Act Persons Report, Starts the Clock for Foreign Financial Institutions ReportExecutive Order Eliminates Differential Treatment for Hong Kong

Illegality

OFAC Ramps up Targeting of Ransomware-linked Actors and FinCEN Updates Ransomware AdvisoryOFAC and FinCEN Issue Advisories on Cyber Ransom PaymentsRansomware and Sanctions Compliance: Considerations for Responses to Attacks

International Trade

Treasury Issues Proposed Rule to Expand CFIUS Jurisdiction Over Real Estate Transactions Near Military InstallationsOFAC Allows Venezuelan Oil and Gas Authorization to Expire and Extends Prohibitions to Execution on PdVSA 2020 Bond CollateralImpact of Recent U.S. Secondary Sanctions Authority Targeting Foreign Financial Institutions Supporting Russia’s Military-Industrial Base

Iran

Economic Sanctions: Developments and ConsiderationsIran Secondary Sanctions Expanded to Cover Construction, Mining, Manufacturing, and Textiles SectorsThe Impact of Sanctions on Arbitration: A Recent Case Study Involving the EU Sanctions Regime

Italy

Italian FDI, When the Government May Rewrite Corporate GovernanceItaly Further Broadens Its FDI RegimeItaly Extends Its COVID-19 Emergency FDI Review Regime Through 2022

Japan

Opening Up European and Japanese Markets: What the EU-Japan Trade Deal Means for Businesses

Litigation

European Commission Publishes New Guidance on Scope of Sanctions ProhibitionsU.S. Supreme Court Holds FSIA Does Not Immunize Foreign Sovereigns From Criminal ProsecutionRussia-Ukraine Disputes Taskforce: Risk of Criminal Liability

Mexico

United States and Mexico to Bolster Cooperation in Foreign Direct Investment Screening

North Korea

Compromise U.S. Defense Bill Provides for New Secondary Sanctions Against Russia, Syria, and North KoreaSanctions Outlook: Congress to Consider Sanctions Provisions in FY2020 Defense BillUnited States Imposes Secondary Sanctions on Dealings with North Korea

Russia

New Russian Decree Imposes Restrictions on Transfer of IP RightsPotential Seizure of U.S. Assets in RussiaUS And UK Tighten Restrictions on Trade and Use of Russian Metals

Sanctions

Sanctions, Certainty and Pragmatism – the Contemporary Context for Analysing Force Majeure clausesNew Russian Decree Imposes Restrictions on Transfer of IP RightsPotential Seizure of U.S. Assets in Russia

Syria

New Syria-Related Sanctions Regulations Issued; Secondary Sanctions Authority Targeting Syria to Take Effect Soon

Trade Defense

European Commission Launches Public Online Consultation on Possible Methodology Changes in Trade Defense Investigations Regarding China

Trade Negotiations

OFAC Eases Venezuela Sanctions; Lifts Secondary Market Trading Ban on U.S. PersonsEU Trade Quarterly SummaryEU Trade Quarterly Summary

U.S.

Commerce Imposes Export Controls on Quantum Computing and Other Advanced Technologies, Expands Scope of CFIUS Mandatory Filing RequirementCFIUS Releases 2023 Annual Report: Key TakeawaysTreasury Takes Next Step on Implementation of Outbound Investment Regime, Clarifies Certain Aspects of Prior Proposal

U.S. Trade

Commerce Imposes Export Controls on Quantum Computing and Other Advanced Technologies, Expands Scope of CFIUS Mandatory Filing RequirementCFIUS Releases 2023 Annual Report: Key TakeawaysTreasury Takes Next Step on Implementation of Outbound Investment Regime, Clarifies Certain Aspects of Prior Proposal

Ukraine

Russian Countermeasures: The Governmental Commission Imposes Additional Conditions on Exits by Investors From Unfriendly Jurisdictions11th Package of EU Economic Sanctions Against RussiaUK Russian Sanctions Expanded Following G7 Summit

Uncategorized

UK National Security Regime: Annual Report 2024 and Observations on Recent PracticeOutbound Investment Screening Regime—EU May Follow In U.S. Footsteps

United Kingdom

Sanctions, Certainty and Pragmatism – the Contemporary Context for Analysing Force Majeure clausesUK Government Publishes Updated Guidance on the Application of the National Security and Investment ActUS And UK Tighten Restrictions on Trade and Use of Russian Metals

Venezuela

OFAC Allows Venezuelan Oil and Gas Authorization to Expire and Extends Prohibitions to Execution on PdVSA 2020 Bond CollateralEconomic Sanctions: Developments and Lessons for Boards in 2024OFAC Eases Venezuela Sanctions; Lifts Secondary Market Trading Ban on U.S. Persons

WTO

EU Trade Quarterly SummaryEU Trade Quarterly SummaryEU Trade Quarterly Summary