Congressional efforts to reform the Committee on Foreign Investment in the United States (CFIUS), a U.S. Government interagency committee that conducts national security reviews, continue apace. This week saw the introduction of bipartisan legislation in the U.S. Senate that would (i) give federal agriculture and food officials permanent representation on CFIUS and (ii) amend the statute to allow the Committee to consider agriculture and food-related criteria when reviewing transactions that could result in control of a U.S. business by a foreign person.
Lawmakers in both the U.S. House of Representatives and Senate are examining ways to restrict Chinese investment in the United States by reforming national security reviews conducted by the Committee on Foreign Investment in the United States (CFIUS), a U.S. Government interagency committee.
The future of the Border Adjustment Tax (BAT) proposal, a critical element of the House Republican tax reform plan, is in doubt after signs of Republican opposition in the Senate emerged last week. Senator David Perdue (R-GA) became the most prominent Republican to overtly criticize the BAT, expressed in a Dear Colleague letter to his
On January 19, 2017, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) issued several amendments to the Export Administration Regulations (“EAR”) to implement the India-U.S. Joint Statement of June 7, 2016, recognizing the U.S. and India as Major Defense Partners, and making certain technical changes regarding Hong Kong’s Import and Export (Strategic Commodities)
On December 2, 2016, President Obama blocked a Chinese-owned German company, Grand Chip Investment GmbH (“Grand Chip”), from acquiring the U.S. business of German company Aixtron SE (Aixtron), a semiconductor equipment manufacturer with a U.S. subsidiary headquartered in Sunnyvale, California.
The Internet of Things (“IoT”) connects markets and supply chains around the world. Industry, governments and consumers around the world are embracing IoT technologies to improve research and public policy, to accelerate service delivery and to monitor global development programs across healthcare, agriculture, natural resource management, climate, and energy sectors. Industry experts project that between
The incoming Trump administration’s approach to foreign direct investment (FDI) in the United States and to national security reviews conducted by the Committee on Foreign Investment in the United States (CFIUS) is difficult to predict. Mr. Trump has criticized certain foreign investments in the United States, but his trade-related critiques have focused largely on U.S. free trade agreements and the loss of U.S. manufacturing jobs to foreign countries.
This month Hogan Lovells partners Amy Roma and Ajay Kuntamukkala presented at the International Nuclear Law Association’s (INLA’s) Annual Congress in New Delhi, India. They presented on the Iranian Nuclear Deal and implications for U.S. businesses.
After the UK Brexit referendum of 23 June the implications on the political, economic and legal relations between the UK and the EU have been discussed from many angles. But what about one of the main pillars for the successful integration of the European Single Market: State aid law? Does the end of EU membership
The Department of Energy (DOE) recently published its revised Part 810 Guidance on compliance with the amended Part 810 Regulations on nuclear export controls (10 C.F.R. Part 810). The 2015 amendments to the Part 810 Regulations represented the first comprehensive updating of DOE nuclear export control policy since 1986.
Pursuant to the North Korea Sanctions and Policy Enhancement Act of 2016’s requirement that the Secretary of the Treasury determine whether North Korea is a jurisdiction of primary money laundering concern, on May 27, 2016, the U.S. Treasury’s Financial Crimes Enforcement Network (“FinCEN”) found that the Democratic People’s Republic of Korea (“DPRK” or “North Korea”)
On March 2, in the wake of recent nuclear and ballistic missile tests, the United Nations Security Council adopted a far-reaching sanctions resolution against the Democratic People’s Republic of North Korea. UN Security Council Resolution 2270 targets Pyongyang’s nuclear weapons and ballistic missile programs with a set of sanctions that the U.S. proclaimed the strongest imposed by the Security Council in two decades.
In 2014, the Committee on Foreign Investment in the United States, a U.S. Government interagency committee that conducts national security reviews of foreign investments, reviewed nearly 50% more transactions than it did in 2013, according to CFIUS’s recently published annual report to Congress. The dramatic increase likely reflects a combination of factors, including an increase in cross-border M&A activity, transactions involving sensitive industries or acquirers, and parties continuing to make filings with CFIUS across a broad range of industries.
The Commerce Department’s Bureau of Industry and Security (“BIS”) and the State Department’s Directorate of Defense Trade Controls (“DDTC”) published proposed rules in the Federal Register today (BIS rules here; DDTC rules here) amending the Export Administration Regulations (“EAR”) and Category XII of the International Traffic in Arms Regulations (“ITAR”) as part of the President’s
On February 15 the Council of the EU decided to extend the suspension of the EU Belarus sanctions concerning 170 persons, including President Lukashenko, and 3 entities that had already been delisted in October 2015. Since the current suspension expires on 29 February 2016, we expect the new Council Decision to be published in the
On December 28, 2015, the Government of India released the text for its revised model Bilateral Investment Treaty (BIT). In this release, the Government of India also announced that the Department of Economic Affairs will be leading all negotiations on BITs and investment chapters of trade agreements to ensure continuity between trade and investment issues.
Effective immediately, pursuant to section 101 of Division O of the Consolidated Appropriations Act, 2016, signed on December 18, 2015, a Department of Commerce license is no longer required to export crude oil. Crude oil is now classified as EAR99. Most exports of crude oil may now be made as NLR (no license required). Exporters should be aware that exports to embargoed or sanctioned countries or persons, including those listed in parts 744 and 746 of the EAR and persons subject to a denial of export privileges, continue to require authorization.
BIS will shortly be taking steps to amend the Export Administration Regulations to reflect this change. Companies holding current licenses for crude oil exports should be aware of section 750.7(i) of the EAR terminating license conditions upon the termination of the requirement for the export license.
President Barack Obama recently signed legislation that imposes multiple new requirements relating to the regulation of exports of civil nuclear technology. Under the new law, the U.S. Secretary of Energy must make a number of changes to the Department of Energy’s nuclear export control regulations and approval process contained in 10 C.F.R. Part 810. The new law has had an immediate impact on the transfer of U.S. civil nuclear technology to China and Russia. Until the DOE has resolved how it will comply with these new requirements, it is unlikely the DOE will issue any specific authorizations for transfers of U.S. civil nuclear technology to China and Russia.
The U.S. Nuclear Regulatory Commission recently issued a proposed civil penalty of $28,000 to a watch seller for apparent violations of requirements related to importing and distributing watches containing radioactive material. The watches contain a small amount of tritium encapsulated in glass vials, which enables the markers on the watch face and hands to glow and be seen in low light.
G2 LNG, LLC (G2) has awarded a contract for Federal Energy Regulatory Commission (FERC) Front End Engineering Design (FEED) engineering and FERC report pre-filing services to KBR Inc. for G2’s liquefied natural gas (LNG) export terminal on the Calcasieu Ship Channel in Louisiana.
On 23 November 2015, President Obama issued an executive order imposing targeted sanctions against certain persons or entities contributing to the insecurity and violence in Burundi.
On Tuesday, the House of Representatives voted 313-118 to reauthorize the Export-Import Bank of the United States (Ex-Im Bank or Bank), which expired June 30.
On October 4, 2015, trade ministers from 12 Pacific Rim countries announced the conclusion of the Trans-Pacific Partnership agreement (TPP). TPP, a foreign policy legacy item for the president, represents nearly 40% of the world’s GDP. The agreement now requires congressional approval, using the “fast-track” process in the trade promotion authority bill (TPA) signed by President Obama in June.
On 8 July 2015, the European Parliament voted favorably on a non-binding resolution that approves of the negotiation of the Transatlantic Trade and Investment Partnership (TTIP), an international trade and investment agreement between the United States and the European Union. Importantly, however, the resolution also supports the removal of investor-state arbitration from the TTIP. The European Parliament