On December 13, 2019, the U.S. Department of Justice announced changes to its policy governing the treatment of voluntary self-disclosures (or “VSDs”) in criminal sanctions and export control investigations.
Client Alert | December 13, 2019
The European Union has become more active in addressing EU common foreign and security policy (“CFSP”) objectives with the help of what it calls “restrictive measures,” i.e., EU Financial and Economic sanctions.
Client Alert | December 5, 2019
On November 21, 2019, amid mounting tensions between China and Hong Kong, the U.S. Congress passed the Hong Kong Human Rights and Democracy Act of 2019 and sent it to the President for his signature.
Client Alert | November 26, 2019
Washington, D.C. partner Adam Smith and of counsel Stephanie Connor and Munich associate Richard Roeder are the authors of U.S., EU, and UN Sanctions: Navigating the Divide for International Business, published by Bloomberg Law in 2019.
Publications | November 15, 2019
Global Investigations Review named Washington, D.C. partner Adam Smith among its 25 Most Respected Sanctions Lawyers in Washington, D.C., which features individuals who are most trusted with sanctions cases and “are working on the most significant cases.” The list was published November 1, 2019.
Firm News | November 4, 2019
On October 14, 2019, the Trump administration authorized new sanctions against the Government of Turkey in response to that country’s recent military incursion into northern Syria, an action the U.S. government condemned as “endangering innocent civilians, and destabilizing the region, including undermining the campaign to defeat ISIS.”
Client Alert | October 18, 2019
Washington, D.C. partner Judith Alison Lee and associate R.L. Pratt are the authors of "Trump Administration Using a Variety of Measures to Target Chinese Tech Companies," [PDF] published in Financier Worldwide in October 2019.
Publications | October 9, 2019
On September 17, 2019, the U.S. Department of the Treasury issued proposed regulations to implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which expanded the scope of inbound foreign investment subject to review by the Committee on Foreign Investment in the United States (CFIUS).
Client Alert | September 20, 2019
The Best Lawyers in America® 2020 has recognized 158 Gibson Dunn attorneys in 54 practice areas. Additionally, 48 lawyers were recognized in Best Lawyers International in Belgium, Brazil, France, Germany, Singapore, United Arab Emirates and United Kingdom.
Firm News | August 15, 2019
On August 5, 2019, the Trump administration imposed new sanctions on the Government of Venezuela by freezing the property and assets of the regime of Venezuelan President Nicolás Maduro as well as those who provide it with “material support.”
Client Alert | August 7, 2019
On May 17, 2019, the EU established a sanctions framework for targeted restrictive measures to deter and respond to cyber-attacks that constitute an external threat to the EU or its Member States
Client Alert | June 19, 2019
On Wednesday, May 15, 2019, the Trump Administration took two separate, but related moves toward securing the information and communications technology and services (ICT) infrastructure of the United States.
Client Alert | May 20, 2019
On May 16, 2019, the French Constitutional Court (Conseil constitutionnel) cleared most of the provisions of the ambitious so-called “Pacte” Statute on the development and transformation of businesses.
| May 17, 2019
May 8, 2019, was the one-year anniversary of the U.S. decision to withdraw from the 2015 Iran nuclear deal, formally known as the Joint Comprehensive Plan of Action (“JCPOA”), and it was eventful.
Client Alert | May 10, 2019
On May 2, 2019, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) released extensive new guidance regarding what constitutes an effective sanctions compliance program. The document is significant in that it represents the most detailed statement to date of OFAC’s views on the best practices that companies should follow to ensure compliance with U.S. sanctions laws and regulations.
Client Alert | May 6, 2019
Frustrated by Cuba’s continued support of the Maduro regime in Venezuela, the Trump administration announced on April 17, 2019 that it will permit U.S. individuals and companies to initiate litigation against foreign individuals and companies that have past or present business in Cuba involving property that the Cuban government confiscated in 1959.
Client Alert | May 1, 2019
The Committee on Foreign Investment in the United States (CFIUS) kicked into high gear in spring 2019 with a number of notable cases and developments.
Client Alert | April 24, 2019
The regulation of the European Parliament and of the Council establishing a framework for screening of foreign direct investments (“FDI”) into the European Union (“EU”) was adopted on March 5, 2019.
Client Alert | March 5, 2019
2018 was another extraordinary year in sanctions development and enforcement. Gibson Dunn provides a recap of the continuing evolution of sanctions in 2018 and preparation for what may come next.
Client Alert | February 11, 2019
On January 28, 2019, amid mounting tensions between Washington and Caracas, the Trump Administration imposed the most stringent sanctions to date on Venezuela by designating the state-owned oil company Petroleos de Venezuela, S.A.
Client Alert | January 31, 2019
Looking back at the past year's cacophony of voices in a world trying to negotiate a new balance of powers, it appeared that Germany was disturbingly silent, on both the global and European stage.
Client Alert | January 11, 2019
The U.S. Government is now approaching the second week of a partial shutdown. The agencies responsible for administering U.S. sanctions, export controls, and other trade-related functions are among those affected, and have substantially reduced their operations.
Client Alert | January 4, 2019
On Monday, the Trump administration took the first step toward imposing new controls on the export of cutting-edge technologies. Pursuant to the Export Control Reform Act of 2018 ("ECRA"), the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") published a request for the public's assistance in identifying "emerging technologies" essential for U.S. national security that should be subject to new export restrictions.
Client Alert | November 21, 2018
Negotiators for the European Union and the United Kingdom have agreed a draft withdrawal agreement that sets out how and when the UK will leave the EU (commonly known as "Brexit"). A separate, non-binding draft declaration sets out the aspirations for the future trading relationship.
Publications | November 19, 2018
Six months ago, President Donald Trump announced his decision to abandon the 2015 Iran nuclear deal—the Joint Comprehensive Plan of Action (the "JCPOA")—and re-impose U.S. nuclear-related sanctions on the Iranian regime. The second and final wind-down period for those sanctions expired on November 5, 2018, triggering the "snap back" of remaining U.S. secondary sanctions on Iran's oil, energy, and financial sectors, among other measures.
Client Alert | November 9, 2018
U.S. News – Best Lawyers® awarded Gibson Dunn Tier 1 rankings in 132 practice area categories in its 2019 “Best Law Firms” [PDF] survey. Overall, the firm earned 169 rankings in nine metropolitan areas and nationally.
Firm News | November 1, 2018
On August 13, 2018, President Trump signed legislation that will significantly expand the scope of inbound foreign real estate investments subject to review by the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”).
Webcasts | October 18, 2018
Over the last several months, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) has expressed a clear interest in protecting the U.S. financial system from illicit activities in the digital currency space and has posited that transactions involving digital currencies be treated similarly to transactions involving traditional fiat currency.
Client Alert | October 5, 2018
In a recent client alert we foreshadowed the Trump administration taking an aggressive stance on its sanctions policy in the lead-up to the U.S. midterm elections in November.
Client Alert | September 25, 2018
Navigating Uncertainty and Volatility for Your Portfolio Companies As the daily headlines attest, trade tariffs – both those recently implemented and those currently pending or contemplated – continue to create a dynamic and challenging business environment, including for portfolio companies of private equity sponsors.
Client Alert | August 21, 2018
On August 13, 2018, President Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“FY 2019 NDAA”), an omnibus bill to authorize defense spending that includes—among other measures—legislation that will significantly expand the scope of inbound foreign investments subject to review by the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”).
Client Alert | August 14, 2018
On August 6, 2018, President Donald Trump issued a new executive order authorizing the re-imposition of certain Iran-related sanctions.
Client Alert | August 9, 2018
To Disclose or Not to Disclose: Analyzing the Consequences of Voluntary Self-Disclosure for Financial Institutions One of the most frequently discussed white collar issues of late has been the benefits of voluntarily self-disclosing to the U.S.
Client Alert | July 12, 2018
The steady clip of Foreign Corrupt Practices Act ("FCPA") prosecutions set in 2017 has continued apace into the first half of 2018, largely quieting any questions of enforcement of this important statute under the current Administration.
Client Alert | July 9, 2018
On June 27, 2018, the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") announced it was taking further steps to implement the U.S.
Client Alert | July 2, 2018
On June 14, 2018, Acting Associate Attorney General Jesse Panuccio gave remarks highlighting recent enforcement activity and policy initiatives by the Department of Justice ("DOJ").
Client Alert | June 20, 2018
On May 11, 2018, the federal bank regulators and the Financial Crimes Enforcement Network ("FinCEN") published two new chapters of the Federal Financial Institution Examination Council Bank Secrecy Act/Anti-Money Laundering Examination Manual ("BSA/AML Manual") to reflect changes made by FinCEN to the CDD regulation.
Client Alert | June 14, 2018
On May 21, 2018, in response to the reelection of Venezuelan President Nicolás Maduro, President Donald J. Trump imposed additional sanctions against the Government of Venezuela.
Client Alert | May 31, 2018
After six months of wrangling over the fate of a proposal to modernize the process by which the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") reviews foreign investment in the United States, the U.S.
Client Alert | May 30, 2018
A look at the European reaction to President Donald Trump's decision to re-impose certain sanctions on Iran after exiting the Iran nuclear deal, or Joint Comprehensive Plan of Action.
Client Alert | May 21, 2018
On May 8, 2018, President Donald Trump announced his decision to abandon the 2015 Iran nuclear deal—the Joint Comprehensive Plan of Action (the "JCPOA")—and re-impose U.S.
Client Alert | May 9, 2018
Gibson Dunn partners provide an overview of significant trends and key issues in Bank Secrecy Act (BSA)/Anti-Money Laundering (AML) and sanctions enforcement and compliance.
Webcasts | May 3, 2018
On April 3, 2018, FinCEN issued its long-awaited Frequently Asked Questions Regarding Customer Due Diligence Requirements for Financial Institutions, FIN-2018-G001.
Client Alert | April 23, 2018
On April 6, 2018, the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") significantly enhanced the impact of sanctions against Russia by blacklisting almost 40 Russian oligarchs, officials, and their affiliated companies pursuant to Obama-era sanctions, as modified by the Countering America's Adversaries Through Sanctions Act ("CAATSA") of 2017.
Client Alert | April 12, 2018
Effective this morning, the United States implemented the increased tariffs on steel and aluminum imports that President Trump announced on March 8, 2018 in Presidential Proclamations implementing findings issued by the Commerce Department under Section 232 of the Trade Expansion Act of 1962, which allows the President to order a national security – focused investigation on the impacts of specified imports and, based upon the findings of the investigation, to impose tariffs without Congressional approval.
Client Alert | March 23, 2018
This 90-minute complimentary webinar will provide a deep dive into the U.S. economic and trade sanctions against Venezuela, including a review of the most recent developments and a forecast of what may be in store for 2018.
Publications | March 13, 2018
A year ago this week, we assessed that the newly-minted Trump administration could follow through on the President's campaign promises and alter several sanctions programs administered by the U.S.
Client Alert | February 5, 2018
During the Obama Administration, a number of legal and regulatory developments placed a new premium on the importance of ensuring that supply chains did not include items produced with forced labor or otherwise involve human trafficking.
Client Alert | November 30, 2017
Over the past few weeks the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") and the U.S. State Department have issued their first round of guidance documents concerning how the Trump Administration will implement the "Countering America's Adversaries Through Sanctions Act" (H.R.
Client Alert | November 21, 2017
On November 8, 2017, the Treasury Department's Office of Foreign Assets Control ("OFAC"), the Commerce Department's Bureau of Industry and Security ("BIS"), and the State Department released amendments to the Cuban Assets Control Regulations ("CACR") and Export Administration regulations ("EAR"), effective November 9, 2017, implementing President Trump's June 16, 2017 National Security Presidential Memorandum ("NSPM"), "Strengthening the Policy of the United States Towards Cuba." Additionally, while certain transactions with Cuban parties by U.S.
Client Alert | November 16, 2017