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Decarbonizing the Global Shipping Industry: Is Hydrogen Fuel the Answer?

Decarbonization is coming to the global shipping industry. Accounting for nearly one- quarter of all carbon emissions from the world’s transportation sector and one billion tons of carbon dioxide annually, shipping stands at a critical juncture in its efforts to reduce carbon emissions and mitigate its environmental impact. Among the emerging alternatives to traditional fossil … Continue Reading

White House Issues Executive Order to Strengthen Cybersecurity at US Ports

On February 21, 2024, the White House issued an executive order implementing various measures to bolster the security of US ports by expanding the US Coast Guard’s authority to regulate maritime cybersecurity, requiring the reporting of cyber incidents and investing in the US port critical infrastructure. With the increasing use of connected systems in the … Continue Reading

European Commission Investigates Chinese State-backed Company’s Participation in a European Tender Using New Powers Under the Foreign Subsidies Regulation

The European Commission has launched its first ever formal investigation into a potentially market-distorting foreign subsidy, exercising its powers under the 2023 Foreign Subsidies Regulation (FSR). The investigation concerns the participation of a Chinese state-owned train manufacturer in a public tender organized by the Bulgarian Ministry of Transport and Communications. The outcome of this case … Continue Reading

Unveiling the New EU Foreign Investment Regime

To address growing geopolitical tensions and technological shifts, the European Commission presented, on 24 January 2024, five new initiatives for strengthening the EU’s economic security. Part of the package is a proposal for a new regulation on the screening of foreign investments, whose aim is to update Regulation 2019/452 (FDI Regulation), which is currently in … Continue Reading

Forced Labor Legal Developments in Europe: EU Council and Parliament Negotiate Final Text for Proposed Regulation

While many have focused in recent months on the US enforcement of the forced labor import ban (19 U.S.C. 1307) and the Uyghur Forced Labor Prevention Act (UFLPA) (Public Law No. 117-78), the EU is working on its own set of regulations prohibiting products made with forced labor from entering the EU market. A proposal … Continue Reading

No More ‘Safe Harbor’ – European Commission to End the Antitrust Exemption for Liner Shipping

The European Commission has decided to end a rule exempting liner shipping services from certain EU antitrust rules, by letting the Consortia Block Exemption Regulation (CBER) expire on April 25, 2024. The decision came after the European Commission concluded that the CBER “is no longer fit for purpose.”… Continue Reading

EU Agrees to 10th Package of Sanctions Against Russia

On 25 February 2023, the EU Council adopted the tenth package of restrictive measures in response to Russia’s ongoing aggression against Ukraine. The new regulations include tighter restrictions on the export of dual-use goods, as well as measures against entities that support the conflict or deliver drones used by Russia. According to a statement by … Continue Reading

Italian Government Updates Golden Powers Rules on National Security and Investment Controls

The Italian Golden Powers Rules have intricate and unique features and broad-reaching effects, which set them apart from other foreign investment control regimes in the EU. For example, a notification requirement may apply to EU as well as national buyers in certain instances and may apply to Italian companies operating in sectors deemed of strategic … Continue Reading

Made in Italy – International Opportunities and Challenges

There is a rising tide of positivism around the Made in Italy tag. Assisted by the appointment of the Draghi government, the prospect (at least, from the perspective of many foreign investors) of a period of political stability, anticipation of a rise of consumer spending pent-up during the global lockdown, the economic boost to the … Continue Reading

UPDATE: The Latest on EU Export Controls of Dual Use Goods – Regulation Published

The new EU regulation on export control of dual use goods has been published in the EU official journal. It means that the upgraded controls over exports of dual use items will enter into force on September 9, 2021. Continue reading below our previous analysis of the details of this new regulation and all changes … Continue Reading

March EU Sanctions Updates

On 3 March, the Council of the EU decided to prolong sanctions against individuals responsible for the misappropriation of Ukrainian state fund. On 12 March, the Council of the EU decided to extend sanctions against those involved in compromising Ukraine’s territorial integrity. On 12 March, the Council of the EU decided to revoke the sanctions … Continue Reading

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

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

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

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

EU Seeks Public Comments on Policies for Anti-money Laundering and Counter Financing Terrorism

On May 5, 2020, the European Commission published (i) the Communication of the Action Plan (AP) for a comprehensive EU policy on the prevention of money laundering and financing terrorism (AML/CFT); (ii) the Delegated Regulation updating the countries identified as high risk countries for AML/CFT; and (iii) the methodology for the identification of high risk … Continue Reading
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