Header graphic for print
Focus on Regulation

Tag Archives: trade

Border Adjustability Tax in Peril?

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

Data Without Borders: Hogan Lovells Winnik Forum Addresses International Considerations for the Growth and Development of a Connected World

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

Trans-Pacific Partnership Faces Difficult Legislative Terrain

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.

U.S. Government Steps Up Cybersecurity Efforts With New Rules for Export Controls, Economic Sanctions

With cybersecurity dominating the headlines, the U.S. government has taken several recent steps to target the national security threat posed by cybercriminals and hackers with new regulations aimed at curbing malicious actors online.

Cuba Sanctions Update: Removal of Cuba from Terrorism List Will Result in Modest Easing of Trade Sanctions

As part of the historic shift in U.S. policy toward Cuba announced on 17 December 2014, President Obama instructed the Secretary of State to launch a review of Cuba’s designation as a state sponsor of terrorism (SSOT), and to prepare a report within six months regarding Cuba’s support for international terrorism.

State Department Issues Advisory Opinion on Cloud Computing

In a recent advisory opinion related to an exemption under the International Traffic In Arms Regulations (ITAR), the State Department confirmed that a company could use a data security method called “tokenization” to protect export-controlled technical data stored in the cloud on servers located outside the United States, provided the company satisfied the conditions of

The Eleventh Circuit Provides Long Sought-After Clarification of the Foreign Corrupt Practices Act

On May 16, 2014 the U.S. Court of Appeals for the Eleventh Circuit issued an opinion in United States v. Joel Esquenazi, et al, affirming the government’s broad interpretation of what constitutes a “government instrumentality” under the Foreign Corrupt Practices Act (FCPA). For several years, the Department of Justice (DOJ) and the Securities and Exchange

Murkowski paper on LNG & crude exports jump-starts debate

Sen. Lisa Murkowski (R-AK), Ranking Republican on the Senate Energy and Natural Resources Committee, last week released another of her “Energy 20/20” white papers entitled, “A Signal to the World: Renovating the Architecture of U.S. Energy Exports.” The paper reviews current federal energy export policies on everything from crude oil to nuclear power and comes at

LNG Exports: A Big Benefit for the US and Global Economy

On Dec. 5, the Department of Energy released a long-awaited study on natural gas exports.  The bottom line was not surprising: exports of natural gas (importantly including LNG) would be a net benefit to the US economy, and the net positive benefit will increase as exports increase.  Basic economic theory supports this conclusion.  So does