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International Trade
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June 19, 2013
Senate Confirms Froman As Next US Trade Rep.
The U.S. Senate voted overwhelmingly Wednesday to confirm White House economic adviser Mike Froman as the U.S. trade representative, filling the top spot at the nation's trade office as the administration tries to make good on its ambitious trade agenda.
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June 19, 2013
White House Asks ITC To Probe EU Trade Barriers
Ahead of scheduled talks on a proposed transatlantic free trade agreement, the White House has asked the U.S. International Trade Commission to explore whether regulatory hurdles overseas are limiting small and medium-sized businesses from trading with the European Union.
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June 19, 2013
UK High Court Nixes Sanctions On Iranian Bank
The U.K.'s highest court on Wednesday overturned the country's sanctions on an Iranian bank that was allegedly linked to Iran's pursuit of nuclear weapons, ruling it was unfair for the government to single out the company for punishment.
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June 19, 2013
Obama, Merkel Promote Free Trade Deal Ahead Of Talks
With difficult talks for a transatlantic free trade agreement set to begin next month, President Barack Obama and German Chancellor Angela Merkel reiterated Wednesday that such a deal would be a boon to both the U.S. and the European Union if completed.
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June 18, 2013
Skip Financial Reform In EU Trade Talks, House Dem. Says
Rep. Maxine Waters, D-Calif., told President Barack Obama on Tuesday that next month's free trade agreement negotiations between the U.S. and the European Union shouldn't tackle financial reform issues because the discussion could harm financial reforms that Congress has passed.
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June 18, 2013
Army Corps Won't Perform Sweeping Coal Export Review
The U.S. Army Corps of Engineers on Tuesday rebuffed pleas from environmentalists and lawmakers to perform an overarching environmental review of three proposed coal export terminals in the Pacific Northwest and said it would limit its review of greenhouse gas emissions to the facilities themselves.
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June 17, 2013
US-EU Trade Talks To Begin Next Month, Obama Says
President Barack Obama, British Prime Minister David Cameron and other European Union leaders said Monday negotiations would begin next month on a free trade agreement that could bring $107 billion into the U.S. economy.
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June 17, 2013
ITC Seeks Savings In Revised Anti-Dumping Probe Rules
The U.S. International Trade Commission will look to cut costs and increase the efficiency of its anti-dumping and countervailing duty investigations with amendments to its procedural rules, it said in a notice to be published Tuesday in the Federal Register.
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June 14, 2013
Sens. Urge Kerry To Press India On IP Enforcement
Sens. Max Baucus and Orrin Hatch on Friday urged U.S. Secretary of State John Kerry to prod India's political leaders to overhaul the country's patent and copyright regime at an upcoming meeting, saying India's intellectual property laws lack adequate enforcement measures and treat U.S. businesses unfairly.
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June 13, 2013
More LNG Export Decisions Imminent, DOE Chief Moniz Says
Recently minted U.S. Energy Secretary Ernest Moniz on Thursday sought to allay concerns that his agency will drag its feet on deciding whether to greenlight applications to export liquefied natural gas, telling a House panel he would issue more application decisions by year's end.
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June 13, 2013
Senate Bill Would Mandate BPA Warnings On Food Packaging
Sen. Dianne Feinstein, D-Calif., introduced legislation this week that would force manufacturers to include a warning label on any food packaging that contains bisphenol A and compel the government to conduct a safety assessment of BPA-containing food containers.
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June 13, 2013
Canada Looks To Make Energy Cos. Reveal Foreign Payments
Canada on Wednesday said it would require its country's oil, gas and mining companies to disclose payments made to foreign governments, following similar steps taken by the U.S. and European Union, though the U.S. rule is currently being challenged in court by the petroleum industry.
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June 13, 2013
Warren Pushes Obama For Transparency In TPP Talks
Sen. Elizabeth Warren, D-Mass., on Thursday pushed for greater transparency from the Obama administration in the ongoing talks for the Trans-Pacific Partnership, demanding public disclosure of proposed text for the pact.
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June 12, 2013
Dems Blast Plan To Give Obama Fast-Track Trade Powers
Three dozen House Democrats on Friday announced their opposition to granting so-called fast-track authority to the Obama administration as it negotiates a planned Asia-Pacific free trade pact, saying they want to maintain oversight of any eventual deal.
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June 12, 2013
Senators Push Shelanski To Curb Oversight Costs And Delays
U.S. senators across the aisle criticized the Obama administration on Wednesday for stalling on required cost-benefit reviews of proposed agency rules while implementation costs skyrocket, urging regulatory czar nominee Howard A. Shelanski to focus his attention on quickly finalizing key rules if confirmed to the post.
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June 11, 2013
Senate Panel Approves Froman's Nomination As USTR
The Senate Finance Committee on Tuesday unanimously approved the nomination of White House adviser Mike Froman, a former senior fellow with the Council on Foreign Relations and an ex-managing partner of Citigroup Inc., for U.S. trade representative.
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June 11, 2013
FDA, Food Safety Groups Float Competing Timelines For Rules
After failing to reach a compromise in a California lawsuit, the U.S. Food and Drug Administration and two consumer groups submitted separate proposals Monday for the rollout of overdue food safety regulations, with the agency indicating it may need until 2017 or later to finalize all of the rules.
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June 10, 2013
EU Panel Didn't OK Dow Chemical, Monsanto GMO Maize
A European Union panel failed Monday to decide whether to approve certain varieties of genetically modified maize developed by agricultural engineering giants Dow Chemical Co. and Monsanto Co., as Monsanto already faces increased scrutiny from the bloc after an unapproved strain of its genetically modified wheat was discovered in Oregon.
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June 10, 2013
Mandate To Destroy Knockoff Products Heads For EU Vote
The European Parliament will vote Tuesday on new rules that mandate the destruction of illegal and dangerous products entering or being shipped across the European Union in order to help customs authorities enforce intellectual property rights.
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June 10, 2013
FCPA Powerhouse: WilmerHale
With decades of experience tackling Foreign Corrupt Practices Act cases and a deep bench of attorneys who each handle both counseling and investigation, WilmerHale has become a go-to firm for foreign bribery matters.
Expert Analysis
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15 Tips For Navigating The 'Buy American' Maze
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.
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New Sanctions Highlight Risk Area For Aviation Industry
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.
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How To Get A Pass When A Corruption Problem Occurs
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.
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Digging Into SEC Mineral Disclosure Policies
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.
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Catch Me If You Can: How To Serve Foreign Defendants
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.
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How New 'Specially Designed' Definition Impacts Exporters
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.
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5 FAQs About Burma Investment Reporting Requirements
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.
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The Other Pivot: Russian Energy Policy Toward China
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.
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Deep Divides On Domestic Industry At The Federal Circuit
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.
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Emerging Trends In International Arbitration
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.