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|Fourth Circuit Holds That Defendant Can Be Guilty of Criminal Violation of Armed Export Control Act Even Without Specific Knowledge That the Exported Item Is a Regulated “Defense Article”|
John Staige Davis, Thomas B. McVey; Williams Mullen;
February 4, 2014, previously published on January 30, 2014To obtain a felony conviction under the Arms Export Control Act for “willfully” exporting “defense articles” without a license, must the government prove that the defendant knew the items in question were specifically subject to federal regulation?
|Trade Facilitation: A Critical Element for Africa’s Place in the Global Value Chain|
Evelyn M. Suarez; Williams Mullen;
February 3, 2014, previously published on January 28, 2014The case for regional integration in Africa has been made, by Donald Kaberuka, President of the African Development Bank, as well as by other well-known African authorities. So the question that now arises is how can regional integration be accomplished? Large amounts of money - both public and...
|US Supreme Court Further Limits Jurisdictional Reach of the US Courts Over Foreign Torts|
Lea Haber Kuck, Timothy G. Nelson; Skadden, Arps, Slate, Meagher & Flom LLP;
February 3, 2014, previously published on January 16, 2014The U.S. Supreme Court began 2014 by issuing a decision limiting the ability of plaintiffs to assert tort claims against foreign corporations in the U.S. courts based on events occurring outside the United States. In Daimler AG v. Bauman, the Court held that federal due process prevents a court...
|Markets in Financial Instruments Directive (MiFID) II Update|
Bingham McCutchen LLP;
February 3, 2014, previously published on January 22, 2014After two years of discussion and negotiation, it was announced on 14 January 2014 that the European Commission, European Parliament and the Council of the European Union have reached informal political agreement on “MiFID II”, the package of reforms and amendments to the Markets in...
|US Implements the P5+1 Joint Plan of Action with Iran|
Dentons Canada LLP;
January 31, 2014, previously published on January 23, 2014On Monday, January 20, the US Department of the Treasury ("Treasury") released much-anticipated guidance on its implementation of the Joint Plan of Action ("JPA") agreed to by the US, UK, France, China, Russia, and Germany (collectively the "P5 + 1") and Iran on...
|OFAC Publishes Key Guidance Related to the Lifting of Certain Sanctions on Iran|
Duane Morris LLP;
January 31, 2014, previously published on January 22, 2014The United States will continue to take enforcement action against those who seek to evade or circumvent sanctions.
|Supreme Court Grants Certiorari to Argentina in Discovery Case|
Bruce A. Wolfson; Bingham McCutchen LLP;
January 15, 2014, previously published on January 13, 2014As widely anticipated, on Friday, January 10, the Supreme Court agreed to hear Argentina’s Foreign Sovereign Immunities Act (FSIA) challenge to a discovery order entered by the Southern District and affirmed by the Second Circuit.
|What Canadian Companies Can Learn from Alcoa’s US$384 Million Anti-Corruption Fine|
Brandon Barnes, Graham Erion, Jeffrey Horswill, Jeffrey D. Horswill, John Munnis; Davis LLP;
January 14, 2014, previously published on January 14, 2014The U.S. Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) sent a stern warning to companies engaged in international trade last week with a settlement, disgorgement of profits and fines worth a combined US$384 million against Alcoa Inc....
|Canada Ratifies World Bank’s Treaty on Investment Disputes|
Barry Leon, John Siwiec; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
January 6, 2014, previously published on December 30, 2013On December 1, 2013, Canada became the 150th country to join the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (“ICSID Convention”). Canada’s ratification of the Convention will reduce the risks to Canadian companies investing...
|Debate Concerning Renewal of African Growth and Opportunity Act Has Begun|
Singleton B. McAllister, Evelyn M. Suarez; Williams Mullen;
December 18, 2013, previously published on December 17, 2013Signed into law by President Clinton on May 18, 2000 and subsequently expanded, the African Growth and Opportunity Act (AGOA) is a unilateral system of trade preferences that allows thousands of types of goods produced in Sub-Saharan Africa to be imported duty-free to the United States.