Status: Clearance Acquirer: First Cobalt Corp. (Canada) Acquired: US Cobalt Inc. (U.S.) Value: $115 million Industry Tags: Mining; Precious Metals… Continue Reading
On May 22, shortly before the US Memorial Day holiday weekend, the US House and Senate committees with jurisdictions over foreign investments in the US unanimously passed their respective legislations that would greatly expand the authority bestowed on the Committee on Foreign Investment in the United States (CFIUS). The bipartisan, bicameral effort introduced the Foreign … Continue Reading
On May 8, President Trump announced that the US is withdrawing from the Joint Comprehensive Plan of Action (JCPOA) entered among the P5+1 countries (the US, China, France, Germany, Russia and the UK), the European Union and Iran in July 2015. In our publication, we provide an overview of upcoming changes to US sanctions policy … Continue Reading
On 1 March, the Office of Foreign Assets Control (OFAC) announced the amendment and reissuance in its entirety of the North Korea Sanctions Regulations, 31 C.F.R. part 510. These regulations were updated to reflect and incorporate the North Korea-related executive orders issued in recent years and additional changes to North Korea-related laws, specifically the North Korea Sanctions and Policy Enhancement … Continue Reading
Effective 15 April 2018 until 23 March 2025, the US Department of Commerce Bureau of Industry and Security (BIS) imposed a denial order of export privileges against Zhongxing Telecommunications Equipment Corporation of Shenzhen, China (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. of Hi-New Shenzhen, China (ZTE Kangxun) (collectively, ZTE). Additionally, both entities were added to the BIS Denied Persons List, … Continue Reading
Section 337 of the US trade laws gives the US International Trade Commission (USITC) authority to prevent “unfair practices in import trade.” In addition to the statute’s provisions that allow the USITC to exclude imported goods that infringe US intellectual property (IP) rights, it also provides for the USITC’s ability to remedy other “unfair methods … Continue Reading
On 19 March, the President issued Executive Order (EO) 13827, Taking Additional Steps to Address the Situation in Venezuela. This EO prohibits US persons from engaging in all transactions related to, provision of financing for and other dealings in any digital currency, digital coin or digital token that was issued by, for or on behalf of the government of Venezuela … Continue Reading
Status: Withdrawn; Abandoned Acquirer: Unic Capital Management Co., Ltd. (China); China Integrated Circuit Industry Investment Fund Co. (China) Acquired: Xcerra, Inc. (US) Value: Approx. US$580 million Industry: Semiconductor… Continue Reading
The Foreign Investment Risk Review Modernization Act of 2017 (S. 2098/H.R. 4311, FIRRMA for short) was introduced in Congress to reform the national security review of foreign acquisitions of US businesses by the Committee on Foreign Investment in the United States (CFIUS or the Committee). However, FIRRMA extends well beyond this purpose of reviewing acquisitions … Continue Reading
On 6 December 2017, OFAC announced a settlement agreement for US$1,220,400 with DENTSPLY SIRONA INC. (DSI), a US company incorporated in Delaware, the successor in interest to DENTSPLY International Inc. (DII), in connection with 37 violations of the Iranian Transactions and Sanctions Regulations between November 2009 and July 2012. According to the OFAC press release, … Continue Reading
On 29 January 2018, OFAC announced that it released five reports to Congressional Committees pursuant to the Countering America’s Adversaries Through Sanctions Act of 2017 (CAATSA). The reports include (1) Section 241: Report on Senior Foreign Political Figures and Oligarchs in the Russian Federation; (2) Section 104(e): Report on Contributions to Iran’s Ballistic Missile Program; … Continue Reading
On 24 January 2018, OFAC designated nine entities, 16 individuals and six vessels “in response to North Korea’s ongoing development of weapons of mass destruction (WMD) and continued violations of United Nations Security Council Resolutions”. The designations “target agents of the Kim regime financing or otherwise supporting North Korea’s WMD programs and other illicit businesses”.… Continue Reading
On 4 January 2018, OFAC designated five Iran-based entities “subordinate to a key element of Iran’s ballistic missile program”. OFAC designated these entities pursuant to EO 13382 for being owned or controlled by Iran’s Shahid Bakeri Industrial Group (SBIG). The SBIG is listed in the Annex to EO 13382 and is currently sanctioned by the … Continue Reading
On 5 January 2018, OFAC designated four current or former Venezuelan government offcials pursuant to EO 13692 for their alleged role in undermining electoral processes, media censorship, or corruption in government-administered food programs in Venezuela. Included among the individuals designated was Rodolfo Clemente Marco Torres, who is an External Director on the Board of Directors … Continue Reading
OFAC announced new regulations implementing certain provisions of the Sergei Magnitsky Rule of Law Accountability Act of 2012 (Magnitsky Act) on 20 December 2017. The regulations became effective upon publication in the Federal Register on December 21. OFAC also announced the addition of five designations to the SDN List pursuant to the Magnitsky Act.… Continue Reading
On 20 December 2017, President Trump issued EO 13818, authorising the imposition of financial sanctions against designated persons determined to be directly or indirectly engaged in certain human rights abuses or corrupt acts around the world. OFAC subsequently released new Frequently Asked Questions and published updated designations.… Continue Reading
Effective 28 December 2017, US Treasury’s Office of Foreign Assets Control (OFAC) amended the Iraq Stabilization and Insurgency Sanctions Regulations, 31 CFR part 576, to implement Executive Order (EO) 13668 (“Ending Immunities Granted to the Development Fund for Iraq and Certain Other Iraqi Property and Interests in Property Pursuant to Executive Order 13303, as amended”). … Continue Reading
BIS published a final rule, effective 20 December 2017, which amended the Export Administration Regulations (EAR) by adding two Russian companies to the Entity List under the destination of Russia on the basis of § 744.11 of the EAR. The added entities are the Joint Stock Company Experimental Design Bureau Novator and the Joint Stock … Continue Reading
In a statement issued 12 January 2018, President Trump announced that his administration was extending the waivers of certain secondary sanctions against Iran originally adopted on implementation of the Joint Comprehensive Plan of Action agreement (JCPOA) on Iran’s nuclear program. Trump stated that the move not to reinstate sanctions against Iran is to allow for … Continue Reading
Pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the US Commerce Department announced its annual inflationary adjustments to the maximum civil monetary penalties under its jurisdiction. These include, among others, civil monetary penalties issued under the Export Administration … Continue Reading
