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Talk to the Experts: Multi-country M&A Is Getting More Complex: Evolving FDI Regimes Across the UK, France, Germany, Italy and the US

International M&A practitioners are used to dealing with CFIUS for any transaction involving assets in the US. The Europeans M&A practitioners are, however, catching up, and many multijurisdictional deals will now face clearance in a number of countries. The latest addition to the list, the UK National Security and Investment Bill, is broad in scope … Continue Reading

New Restrictions on Military-Intelligence End Use and End User

On January 15, 2021, the US Department of Commerce’s Bureau of Industry and Security (BIS) published an Interim Final Rule imposing new restrictions requiring licenses for certain transactions involving “military-intelligence end uses” or “military-intelligence end users” in China, Russia, Venezuela or a country listed in Country Group E:1 or E:2. It is important to note … Continue Reading

Transatlantic Trade Week in Rewind (Week of February 1, 2021)

In the week of February 1, 2021, here are key developments in transatlantic trade: The EU’s COVID-19 vaccine export control mechanism is unable to escape ongoing criticism and a proposal was raised that would invoke Article 16 of the Northern Ireland Protocol, increasing UK-EU tension Lawmakers in the US attempt to move the “American Rescue … Continue Reading

US Government Contractors Beware: Evolving Buy American Requirements Signal Complex Future Legal Landscape

** UPDATE: On February 5, 2020, the FAR Council “corrected” the effective date of the Final Rule from January 21, 2021, to January 19, 2021. This alert has been updated accordingly. ** Recent modifications to regulations and federal government acquisition policies portend big change for contractors across the US, and their suppliers around the world. … Continue Reading

This Week in Transatlantic Trade

This week in transatlantic trade: Countries on both sides of the Atlantic are accelerating their efforts to stave off the spread of the COVID-19 variants by speeding up vaccination and adding travel restrictions The EU intends to increase export transparency on COVID experimental vaccines produced within its boundaries; and the European Commission is going to … Continue Reading

China Bolsters Foreign Direct Investment (FDI) Review Framework, Identifies New Areas of Security Concern

The People’s Republic of China (PRC or China) established a foreign investment security review in 2011 that focused exclusively on the merger and acquisition of domestic companies by foreign investors in a notice issued by the State Council (the 2011 Notice)1. On December 19, 2020, the National Development and Reform Committee (NDRC) and the Ministry … Continue Reading

China MOFCOM Issues First Order of 2021 – Counteracting Unjustified Extra-Territorial Applications of Foreign Laws

On Saturday 9 January 2021, the PRC Ministry of Commerce (MOFCOM) issued MOFCOM Order No. 1 of 2021 on Rules on Counteracting Unjustified Extra-Territorial Applications of Foreign Legislation and Other Measures (the Rules). The Rules specify that they were formulated pursuant to the PRC National Security Law for the express purpose of “counteracting the impact … Continue Reading

Trump Flexes Executive Muscle to Address Chinese Military Threat

On November 12, 2020, the President signed an Executive Order (EO) on “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.”  The EO generally prohibits any transaction in publicly traded securities, or any securities that are derivative of, or are designed to provide investment exposure to such securities, of any Chinese military … Continue Reading

Potential EU Retaliatory Tariffs on the Horizon – Is Your Business Prepared?

On October 13, 2020 the World Trade Organization (WTO) issued its latest ruling in the long-standing Boeing-Airbus dispute, granting the EU the authority to impose compensatory tariffs totaling up to US$4 billion on US goods in response to allegedly illegal subsidies provided to Boeing.  Once again, US exporting companies find themselves in the crosshairs, as … Continue Reading

China Publishes Regulations on Unreliable Entity List

On September 19, 2020, the Ministry of Commerce of the People’s Republic of China (the MOFCOM) published the Regulations on Unreliable Entity List (Regulations), which became effective the same day. Following its first announcement on May 31, 2019, the unreliable entities list (UEL) has attracted the attention the Chinese and non-Chinese media alike. Numerous questions … Continue Reading

Huawei Update: August 2020

Notable Developments The United States House of Representatives and Senate have released text of their versions of the FY2021 National Defense Authorization Act (H.R. 6395 and S. 4049, respectively). The Huawei-related provisions are summarized below. House Huawei provisions: Sense of Congress affirming Section 889 of the FY19 NDAA, which concerns federal procurement of Huawei equipment, … Continue Reading

Does Digital Service Tax Matter To You? New Section 301 Investigation – Comment Period Now Open

On June 2, the Office of the US Trade Representative (USTR) announced that it would be initiating new Section 301 investigations examining digital services taxes (DSTs) adopted or under consideration by Austria, Brazil, the Czech Republic, the European Union, India, Indonesia, Italy, Spain, Turkey and the United Kingdom.  USTR is requesting comments to inform their … Continue Reading

President Trump Takes Stance on China, Hong Kong – Takeaways From the Presidential Announcement

On Friday, May 29, President Trump announced several actions related to China and Hong Kong. The President’s delivered remarks and what was left unsaid were equally instructive. While we are still waiting on details for some of these actions, below is an overview of the President’s announcement.… Continue Reading

CFIUS Clearance: Huatai Securities, AssetMark Financial Holdings and WBI OBS Financial

Status:  Clearance Acquirer:  Huatai Securities Co., Ltd. (China); AssetMark Financial Holdings, Inc., (US) Acquired:  WBI OBS Financial, LLC (US) Value:  US$18.4 million Industry:  Financial Services On September 30, 2019, AssetMark Financial Holdings, Inc. (NYSE: AMK), a “provider of extensive wealth management and technology solutions that power independent financial advisers and their clients,” (AssetMark Financial Holdings, Inc., … Continue Reading

New From BIS: Changes to EAR Direct Product Rule to Tighten Supply Chain for Certain Designated Entity List Organizations

A new Interim Final Rule (New Rule) issued by the US Department of Commerce’s Bureau of Industry and Security (BIS), which amended the Export Administration Regulations (EAR) (15 CFR Parts 730-774) by expanding the direct product rule as applied to certain organizations on the entity list took effect on May 15, 2020. The New Rule, … Continue Reading
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