Government contracts frequently include restrictions on the country of origin of the products that the government is purchasing, but not all of these “Buy American” requirements are created equal. Understanding how these overlapping statutes interact can stretch your sanity, says David Gallacher of Sheppard Mullin Richter & Hampton LLP.
The U.S. has added three airlines from Europe and Asia, as well as two individual airline executives and 13 aircraft, to the list of Specially Designated Nationals due to the airlines’ support for Iran Air and Mahan Air of Tehran. This brings attention to the additional avenues through which the U.S. can assert jurisdiction over foreign airlines and aviation industry companies, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.
Companies that can demonstrate a truly proactive approach to anti-corruption compliance — both before a problem arises and after an allegation is received — can help themselves obtain the much-desired “declination" from the U.S. government. While a declination can never be guaranteed, companies should take steps now to maximize their options, say attorneys with Paul Hastings LLP.
Recent U.S. Securities and Exchange Commission rules require resource extraction issuers to disclose annually certain information on payments they make to the U.S. government and foreign governments for the purpose of the commercial development of oil, natural gas or minerals. But while these rules were accompanied by extensive adopting releases, ambiguities remain, resulting in a substantial number of compliance questions, say attorneys with Mayer Brown LLP.
You are sitting at your desk when your client calls to tell you that his or her customer breached an agreement. As you do your intake, you ask where the customer resides. You learn that the potential defendant has recently moved to “Country X.” Suddenly, what first appeared to be a simple breach of contract case has become a venture into the exotic world of international service of process and jurisdiction, say attorneys with Nossaman LLP.
While a definitional change may seem like a small matter, the U.S. Bureau of Industry and Security has focused heavily on the new definition of “specially designed” in the Export Administration Regulations. This may have far-reaching implications for exporters who must classify items not specifically listed on the Commerce Control List, say attorneys with Nixon Peabody LLP.
Businesses and individuals investing directly or indirectly in Myanmar will need to monitor the flow of their capital to identify when reports to the U.S. State Department are required, ensure that they have access to the information required as part of the annual reports, and be aware of what information may be made public, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.
In 2010, when the Obama administration announced a new policy of engagement in the western Pacific, known as the “Pivot,” it was clear that China’s quest for secure supply lines for resources, in particular energy, was a key factor. Energy is likewise the driver in another less noticed but quite important pivot that is now fully underway: a shift in Russian energy policy toward China, says Shane DeBeer of Dechert LLP.
Recent decisions from the Federal Circuit suggest that the rules for establishing a domestic industry at the U.S. International Trade Commission have not really changed yet, but that strong undercurrents on both sides of the issue continue to push for such changes in opposite directions, says Brian Ledahl of Irell & Manella LLP.
There is a growing concern that arbitration is losing its hallmark characteristics of flexibility and efficiency as proceedings become longer and more expensive. Recent developments show that arbitral institutions are aware of these concerns, and are trying to make innovative changes at all stages of an arbitration, say Alexander Yanos and Viren Mascarenhas of Freshfields Bruckhaus Deringer.