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HTMLWhat Trade Facilitation Is and Why It Matters
Evelyn M. Suarez; Williams Mullen;
Legal Alert/Article
June 13, 2014, previously published on June 9, 2014
It was big news, at least in international trade circles. The World Trade Organization (“WTO”) finalized a Trade Facilitation Agreement (the “Agreement”) at the 9th Ministerial Conference in Bali, Indonesia, on December 7, 2013. The Agreement was the first WTO trade...

 

HTMLMiFID 2 ESMA Issues First Consultation Papers
Dentons Canada LLP;
Legal Alert/Article
June 9, 2014, previously published on May 28, 2014
The European Securities and Markets Authority (ESMA) has issued its first consultation papers on implementing the "MiFID 2" package. Although the adopted legislation has not yet been published in the EU Official Journal, ESMA has so much to do it needs to start the process now.

 

HTMLAn Update on Refund Claims for EU Withholding Tax Overpayments
Dentons Canada LLP;
Legal Alert/Article
June 9, 2014, previously published on May 23, 2014
In a recently reported Emerging Markets Series of DFA Investment Trust Company case (C -190/12) the European Court of Justice confirmed that investment funds based outside EU should benefit from the free movement of capital rule regarding investments in Europe (see our previous alert, Opportunity...

 

HTMLPublic Financing Programs: The French Chronicles
Stephen D. Kramer; Phillips Nizer LLP;
Legal Alert/Article
June 5, 2014, previously published on May 19, 2014
I recently read an article by a French export consultant taking the position that smaller French companies seeking to introduce their products to foreign markets should never finance their efforts with their own money, as there are so many public funds available in France to cover the costs. The...

 

HTMLThe Eleventh Circuit Defines "Instrumentality" of a Foreign Government under the Foreign Corrupt Practices Act
Joanna P. Breslow Boyd, William H. Devaney; Venable LLP;
Legal Alert/Article
May 27, 2014, previously published on May 2014
On May 16, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld the convictions of Joel Esquenazi and Carlos Rodriguez, former executives for Terra Communications, convicted of paying bribes to officials of Haiti Teleco, Haiti's state-owned telecommunications company. Esquenazi and...

 

HTMLEleventh Circuit Is First US Appeals Court to Define “Instrumentality” of a Foreign Government Under the Foreign Corrupt Practices Act
Vincent J. Connelly, J. Gregory Deis, Kelly B. Kramer, William Michael, Laurence Urgenson; Mayer Brown LLP;
Legal Alert/Article
May 23, 2014, previously published on May 19, 2014
The US Court of Appeals for the Eleventh Circuit has provided useful guidance on the meaning of the term “instrumentality” as used in the Foreign Corrupt Practices Act (“FCPA”). In a landmark decision released on May 16, the court established the criteria for when companies...

 

HTMLCSRC Issued New Drafts of Administrative Measures on Acquisition of Unlisted Public Companies for Public Comments
Xu Xiao; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
May 23, 2014, previously published on May 14, 2014
China Securities Regulatory Commission (the “CSRC”) issued a notice on May 9, 2014 to seek public comments for the Administrative Measures on the Acquisition of Unlisted Public Companies (Draft for Comment) (hereinafter referred to as the “Acquisition Measures“).

 

HTMLMOFCOM Issues Tentative Provisions on Standards Applicable to Simple Cases of Concentration of Business Operations In China
Dawn (Dan) Zhang, Feiya Zhong; Greenberg Traurig, LLP;
Legal Alert/Article
May 23, 2014, previously published on May 20, 2014
Under the People’s Republic of China (PRC) Anti-Monopoly laws, concentrations of business operations through mergers or acquisitions that exceed certain standards (summarized below) must comply with the filing procedures of the Anti-Monopoly Bureau of the Ministry of Commerce or MOFCOM (the...

 

HTMLUkraine Update: Additional US and EU Sanctions Imposed
Dentons Canada LLP;
Legal Alert/Article
May 22, 2014, previously published on May 7, 2014
As the events in Ukraine and Russia continue to unfold, the reaction by the US and the EU, including imposing sanctions, will impact individuals, businesses, and entire sectors.

 

HTMLAre Foreign Sovereigns More Protected under U.S. Law than U.S. Citizens?
Michael E. Elsner; Motley Rice;
Legal Alert/Article
May 7, 2014, previously published on April 28, 2014
A troubling pattern is emerging in which the U.S. government stands for the rights of foreign sovereigns in opposition to its own citizens. The latest example is Republic of Argentina v. NML Capital Ltd. which was argued before the Supreme Court on Monday, April 21. Argentina defaulted on bonds...

 


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