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International Trade
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May 17, 2013
Trans Adriatic Gas Pipeline Gets Crucial EU Approval
The European Commission has formally approved the Trans Adriatic Pipeline’s application for a third-party access exemption, which will allow it to export gas from Azerbaijan to Europe for a period of 25 years, TAP announced Friday.
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May 17, 2013
ITC OKs Ericsson Bid For Docs From Samsung's Korean Firm
A U.S. International Trade Commission judge on Thursday asked a federal court to allow Ericsson Inc. to seek discovery from a Korean law firm that a prosecuted a Samsung Electronics Co. Ltd. 4G LTE patent that Ericsson is accused of infringing.
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May 17, 2013
DOE Approves 2nd LNG Foreign Export License In Texas
Texas-based Freeport LNG Extraction LP on Friday became the second U.S. liquefied natural gas producer to receive U.S. Department of Energy approval to export domestically produced natural gas to countries outside the nation's free trade agreements, the department said.
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May 17, 2013
Commerce Will Probe Chinese, Mexican Railroad Wires
The U.S. Department of Commerce will consider imposing anti-dumping duties on steel wire used in railroad construction that's imported from Mexico, China and Thailand, the department's International Trade Administration said Tuesday.
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May 17, 2013
US Olive Cos. Rip EU Subsidies Before Free Trade Talks
Ahead of this summer's talks for a transatlantic free trade agreement, California olive growers pressed U.S. trade negotiators Tuesday to maintain import duties on subsidized olives from the European Union.
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May 17, 2013
Importer's Suit Over Seized Aluminum Booted For 2nd Time
A Washington federal judge on Thursday dismissed a Puerto Rican importer's lawsuit challenging the seizure of five entries of aluminum extrusions that allegedly had a false designation of origin, the second time in almost eight months that the dispute has been tossed from a federal court.
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May 17, 2013
Wal-Mart Busts Its FCPA Budget By $30M In Q1
Wal-Mart Stores Inc. said Thursday it has spent $73 million in the first quarter of the fiscal year dealing with investigations and internal changes stemming from alleged violations of the Foreign Corrupt Practices Act, around $30 million more than the retailer expected.
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May 16, 2013
Wal-Mart Can't Keep Leaked Docs Out Of Mexico Bribery Suit
A Delaware Chancery judge ruled Thursday that Wal-Mart Stores Inc. can't stop shareholders from using documents leaked into the public domain to support their suit over alleged bribery by its Mexican affiliate, rejecting the chain's contention that the formerly private files were still privileged.
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May 16, 2013
Fast-Track Authority Key To FTA With EU, Lawmakers Hear
Republican lawmakers and a policy expert at a House committee hearing Thursday again pushed for the White House to seek the renewal of so-called fast-track authority, saying the legislation will be crucial to securing a planned free trade agreement with the European Union.
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May 16, 2013
Duties On Japan, UK Ball Bearings Duties Backed By Fed. Circ.
The Federal Circuit on Thursday said anti-dumping duties on ball bearing imports from Japan and the U.K. should be reinstated, ruling the International Trade Commission had substantial evidence to support the agency's determination that American producers would be injured if the protective trade measures were revoked.
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May 16, 2013
DOD Seeks To Extend Foreign Weapons Sales Program
The U.S. Department of Defense is seeking to add five years to a foreign weapon sales program, a request that joins a series of proposals sent to Congress one month after the agency released its projected $526.6 billion 2014 budget.
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May 16, 2013
Timber Import Law Too Strict, Business Groups Claim
Representatives from several timber-related business groups on Thursday urged lawmakers to rein in a 2008 amendment to a wildlife protection law subjecting plants and related products to stricter import controls, saying businesses were being unfairly burdened by the costs of compliance with the amendment.
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May 16, 2013
China Warns EU On Possible Solar, Telecom Trade Measures
The European Union's intention to impose duties on solar panels imported from China and possible trade remedies against China's telecommunications industry would harm relations between the two governments, a spokesman for China's Ministry of Commerce reportedly said Thursday.
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May 16, 2013
J&J's S. Korean Unit Faces Charges After Tylenol Recall
South Korea’s food and drug regulator on Thursday ordered a halt in production of five products manufactured by Johnson & Johnson unit Janssen Korea Ltd. and announced it will seek criminal charges following a recall sparked by the discovery of unusually high levels of the active ingredient in children’s Tylenol syrup.
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May 16, 2013
US Drops Appeal In Customs' Cable Exclusion Case
The U.S. on Wednesday dropped its Federal Circuit appeal of a ruling that Corning Gilbert Inc.'s coaxial cable connectors did not infringe a patent and were improperly barred entry into the country, a ruling that likely expands U.S. Customs and Border Protection's role in enforcing exclusion orders.
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May 15, 2013
Businessman Denies Blocking FCPA Probe Into Mining Co.
A French businessman linked to BSG Resources Ltd. pled not guilty Wednesday to charges that he obstructed a U.S. investigation into bribes the mining company allegedly paid to secure mining rights in Guinea.
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May 15, 2013
Wall Street To FCPA Enforcers: Bring It On
Foreign Corrupt Practices Act prosecutors have Wall Street in their crosshairs after suing two traders at New York broker-dealer Direct Access Partners LLC last week, but experts say the hyper-vigilant industry is ready for any clampdown.
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May 15, 2013
Obama's 1st Term Rulemaking Rate Soars By Bush's Mark
President Barack Obama has pushed through a significantly higher number of major rules over the last four years than former President George W. Bush did during his own first term, according to a report by the research arm of Congress.
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May 15, 2013
Argentina Files WTO Complaint Over EU Biodiesel Rules
Argentina filed a formal complaint against the European Union with the World Trade Organization on Wednesday, challenging European rules for the importation and marketing of biodiesel.
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May 15, 2013
Water Projects Spending Bill Sails Through Senate
The U.S. Senate approved a water resources law in an 83-14 vote Wednesday, sending the U.S. Army Corps of Engineers water projects spending bill to the U.S. House of Representatives for the first time since 2007 and clearing a Texas senator's amendment aimed at holding Mexico to water treaty obligations.
Expert Analysis
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Rise Of The Machines — Predictive Coding Goes Mainstream
The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
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Unprecedented FCPA Wake-Up Call For US Broker-Dealers
The extraordinary criminal bribery charges against two registered representatives of a U.S. broker-dealer and a high-level Venezuelan government official highlight that a broker-dealer’s anti-money laundering procedures, as well as oversight of their registered people, should have a Foreign Corrupt Practices Act component if the firm is doing international business, say attorneys with Duane Morris LLP.
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A Roadmap For Navigating The Revised USML And CCL
Following six steps will help exporters evaluate the export control classifications of their products under the revised U.S. Munitions List and Commerce Control List, say attorneys with Nixon Peabody LLP.
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K-V Case Tests Limits Of ITC Jurisdiction
As illustrated by the recent K-V Pharmaceutical Co. case, the U.S. International Trade Commission will likely closely review complaints that could usurp the power of another federal agency and potentially undermine that agency's application of its own rules, say Eric Fues and Mareesa Frederick of Finnegan Henderson Farabow Garrett & Dunner LLP.
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More DOJ Use Of Cooperating Witnesses In Corruption Cases
The emergence of a cooperating witness begins to complete the puzzle of the scheme to defraud and catapults the investigation to new heights. A recent arrest by the FBI in an ongoing Foreign Corrupt Practices Act investigation appears to follow this same modus operandi, says Douglas Small of Berkeley Research Group LLC.
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4 Takeaways From 2nd Highest FCPA Penalty
A New York federal court recently entered a final judgment against a former Siemens AG executive for his alleged role in a purported $100 million bribery scheme for Siemens to obtain a $1 billion contract from Argentina. Third-party sham contracts continue to be a prevalent theme in the alleged facts contained in corruption enforcement filings and resolutions, say attorneys with Fulbright & Jaworski LLP.
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10 Steps To Effective Anti-Corruption Compliance
In order to implement the Foreign Corrupt Practices Act resource guide's critical instructions for corporate boards, senior executives and compliance professionals for designing an “effective” anti-corruption compliance program, companies must tackle 10 essential tasks, says Michael Volkov of The Volkov Law Group LLC.
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Top 10 Things A 21st-Century Exporter Should Know
There are a myriad of things a U.S. company seeking to export will want to consider prior to entering the global marketplace, but because exporting has never been easier — and because I am a big David Letterman fan — let's look at the top 10 things to keep in mind, says Ray Jones of Snell & Wilmer LLP.
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In FCPA Compliance, Don't Forget About The Travel Act
The Foreign Corrupt Practices Act guide highlighted the Travel Act and its applicability to FCPA cases. But the Travel Act, which can apply to bribery of foreign officials as well as private individuals, is often misunderstood and underappreciated by companies attempting to maintain robust compliance programs, say HL Rogers and Ellen Crisham of Sidley Austin LLP.
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Get Ready For A 'Substituted Compliance' Regime
In a complete 180-degree reversal of its previous position, the U.S. Securities and Exchange Commission is on the verge of accepting an international financial regulatory regime of mutual recognition. "Substituted compliance" will help inform foreign market participants about which rules they must follow when their swap activities cross U.S. borders, says Bradley Dizik of Tiberian Regulatory Advisers LLC.