August 21, 2023 By: Akana K. Ma On August 14, 2023, pursuant to a Presidential executive order issued several days earlier, the U.S. Department of the Treasury released an Advance Notice of Proposed Rulemaking (the Proposed Rulemaking) announcing a ban on investment by U.S. persons, including U.S.-registered business entities, in three advanced technology sectors in China – quantum computing, artificial intelligence, and semiconductors ...
The U.S. Treasury Department Office of Foreign Assets Control (“OFAC”) has amended its Cuban Assets Control Regulations to, in OFAC’s words, “further implement elements of the policy announced by the President on December 17, 2014 to engage and empower the Cuban people.” In practice, the amendments make important changes to the Cuban Assets Control Regulations, originally liberalized in January of this year ...
The Interior Board of Land Appeals (“IBLA”) has issued its long awaited decision on an appeal by an offshore service contractor challenging the authority of the Bureau of Safety and Environmental Enforcement (“BSEE”) to issue a citation directly to the service company for a violation of federal offshore regulations. As the first formal opinion issued by any appellate body on the issue, the IBLA decision has widespread implications for the offshore services industry ...
The United States has announced that it has signed with Cuba a new agreement covering air services between the two countries. The new agreement, which replaces a suspended accord dating back to the 1950s, authorizes up to 110 daily round trip scheduled flights between the two countries by airlines of each respective country. The agreement permits twenty (20) scheduled non-stop flights between the U.S ...
The Committee on Foreign Investment in the United States The Exon-Florio Amendment to the 1988 U.S. Defense Production Act established the Committee on Foreign Investment in the United States ("CFIUS"). CFIUS is composed of representatives of several U.S. Government agencies, including the Departments of Treasury, State, Defense, Homeland Security, Labor and Commerce ...
Both British Columbia ("BC") and Alberta have long-held political cultures that nourish a sense of alienation from the traditional Canadian power centres in eastern Canada, which has in turned fostered strongly iconoclastic public policies on a range of issues. Coupled with significant differences in geography and geology, these iconoclastic tendencies have resulted in electricity polices that have in recent years dramatically diverged ...
The Turks and Caicos Islands (TCI) has just enacted a revamped investor residency programme, entitling successful applicants to a permanent residence certificate (PRC). The Qualifying criteria are: Villas a. Investment of not less than $300,000 in actual construction of a new home, or in renovation of a distressed property as a home for the applicant and his or her dependants, on the islands of Grand Turk, Salt Cay, South Caicos, Middle Caicos or North Caicos; or b ...
Signing the transatlantic free-trade agreement could increase Europe’s energy security. The trick is how to compete with American companies that are already using cheaper energy and don’t have to comply with the same restrictions on CO2 emissions. The 10th round of negotiations of the Transatlantic Trade and Investment Partnership agreement, or TTIP as it is known, was held in Brussels in July 2015 ...
"What are the 'waters of the United States'? As it turns out, defining that statutory phrase—a central component of the Clean Water Act—is a contentious and difficult task." This observation, recently made by Justice Sonia Sotomayor, understates the difficulty in answering what should otherwise be an anodyne question: Does my project require a Clean Water Act permit? At this moment, answers to this question may be far from certain ...
On June 17, the Trump Administration announced a new policy on Cuba, partially reversing certain of the market-opening measures that had been adopted by the Obama Administration during its final two years ...
South Africans’ recent celebration of Freedom Day signalled 27 years of democracy. Through democracy, our Constitution further brought us rights and obligations to guide our rainbow nation, including freedom of expression and environmental rights to protect our environment, health and well-being while focusing on the sustainability of our environment. Although clothing serves a function and a need, for many, luxury clothing is the gold standard of self-expression and success ...
On 2 March, 25 of the 27 EU members committed to the new "Fiscal Compact" concept, signed the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union. The Treaty, which is technically an intergovernmental treaty and not an EU instrument (due to the UK and the Czech Republic not wishing to sign up to it), was introduced in December 2011 by Germany and France ...
The global focus on reducing greenhouse gases and promoting renewable energy cannot be ignored in today’s business environment. Whether your business deals directly in energy or not, EU green policy-making is likely to affect your costs: transport, shipping, heating, electricity - all are ultimately affected by EU legislation on energy and climate change. In March 2007, the Council of the European Union agreed a new Energy Policy ...
After a marathon weekend negotiating session in Atlanta, trade ministers from the United States and eleven other countries reached a final agreement on the terms and text of the Trans-Pacific Partnership (TPP). The TPP is a multi-faceted trade agreement among Pacific Rim nations that account for approximately 40 percent of world GDP ...
The Trans-Pacific Partnership Agreement is a free trade agreement between Australia, Brunei, Chile, Canada, the United States, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. After 7 years of negotiations, which began in February 2008, an agreement was reached on October 5, 2015, and the text was published in English on November 5, 2015 ...
We are very excited to be supporting the UN Global Compact Network UK’s ‘Transitioning to a Net Zero’ webinar series ...
An increased number of corporate transactions and mergers have been observed in the oil and gas sector on the Norwegian Continental Shelf (NCS) in recent years. Several oil majors and traditional utilities and downstream companies have reduced their presence and, to some extent, been replaced by smaller companies, including start-ups backed by private equity ...
Recent developments such as the invalidation of the EU-U.S. Privacy Shield framework under the Schrems 2.0 decision and Brexit will have a significant impact on how businesses transfer their data internationally. Recap: For more information see our previous webinars: on the Schrems 2.0 case: What is the Schrems 2.0 case about? on Brexit 2 ...
The nearly global response to the spread of the deadly Coronavirus has led to governmental authorities at all levels issuing “stay-at-home orders,” “orders to close non-essential businesses,” and bans on gatherings of 10 people or more. The resulting shut-down, as well as the impact of widespread remote-working practices and displacement of personnel, may disrupt or interrupt trading and hedging activity ...
“A patent, trademark, or design registrationcan only be declared void by Federal courts”. Under this statement, theSuperior Court of Justice of Brazil has reaffirmed unanimously that defendantscannot argue unenforceability of a trademark registration as a defense argumentin an infringement lawsuit ...
Figures published in May by the Department for Business and Trade (DBT) record a further decline in Trade Union membership in the UK. Comparable data is only available as far back as 1995, but shows a clear decline over that nearly 30-year period to a level where, as at 2022, the proportion of UK workers in a union has declined to 23.1% - the lowest figure recorded in that time period ...
This Newsletter describes the latest developments in Trade and Regulation in the South American region. There is an entire write up on the resolution of controversies within MERCOSUR. Bolivia & Peru have signed a General Agreement of Economic & Social Cooperation & Integration, the details of which are included in the newsletter ...
Pensions analysis: On 16 December 2022, the Pensions Regulator (TPR) published its consultation on the new defined benefit (DB) funding code of practice together with a response to its first consultation and a consultation on its proposed twin track regulatory approach to assessing valuations including its proposed Fast Track design. Suzanne Burrell, partner at Shoosmiths examines the consultation and its implications ...
The Obama Administration recently released the signed text of the Trans-Pacific Partnership (“TPP”), which represents an important advancement in trading relations among 12 Pacific countries: Australia Brunei Darussalam Canada Chile Japan Malaysia Mexico New Zealand Peru
