International Trade

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Department of the Treasury Releases Final Regulations Governing the Committee on Foreign Investment in the United States (“CFIUS”)

On November 14, 2008, the U.S. Department of the Treasury, on behalf of the Committee on Foreign Investment in the United States, issued final regulations governing CFIUS.  This follows Treasury's issuance of proposed regulations on April 21, 2008.  The period for public comment ended on June 9, 2008.

Client Alert | November 18, 2008

Iranian “U-Turn” Transfers Now Prohibited

On November 6, 2008, the U.S. Department of Treasury announced that, effective November 10, 2008, the Iranian Transactions Regulations would be amended to revoke authorization for so-called "U-turn" transfers.  As a result, U.S.

Client Alert | November 12, 2008

U.S. Customs Proposes Substantial Change in Its Country of Origin Rules

On Friday, July 25, 2008, the Bureau of Customs and Border Protection (CBP) in the Department of Homeland Security proposed significant changes in the rules that it applies to determine the country of origin for a variety of purposes, including the country of origin marking rules that generally require that all imported articles (or their containers) be marked with their country of origin.

Client Alert | July 30, 2008

Department of State Amends International Traffic in Arms Regulations (“ITAR”) Registration Requirements and Proposes Higher Usage-Based Registration Fees

The United States Department of State, Directorate of Defense Trade Controls (“DDTC”) recently amended Section 122.3 of the International Traffic in Arms Regulations (“ITAR”) (22 C.F.R.

Client Alert | July 29, 2008

Department of Defense Issues Interim Rule Amending DFARS to Add Export Compliance Provisions

The United States Department of Defense ("DoD") has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement ("DFARS") Parts 204, 235, and 252 to address contractor requirements to comply with export control laws and regulations when performing DoD contracts.

Client Alert | July 25, 2008

2008 Mid-Year FCPA Update

The frenetic pace of Foreign Corrupt Practices Act ("FCPA") enforcement set in 2007 has carried through the first half of 2008.  Mid-year prosecutions are up – substantially so – from last year's record-setting totals.  And corporate disclosures and media reports of ongoing investigations evidence that this trend of continually increasing enforcement is here to stay for the near future.  This client update provides an overview of the FCPA and other foreign bribery enforcement activities during the first half of 2008, a discussion of the trends we see from that activity, and practical guidance to help companies avoid or limit liability under these laws.  A collection of Gibson Dunn's publications on the FCPA, including prior enforcement updates and more in-

Client Alert | July 7, 2008

ITAR Update: Technical Data Found on the Internet May Not Be Considered in the Public Domain

The Directorate of Defense Trade Controls ("DDTC") recently issued guidance to an exporter of defense articles that military photos downloaded from the Internet are not automatically in the public domain as defined by ITAR 120.11.

Client Alert | May 9, 2008

Department of the Treasury Releases Proposed Regulations Governing the Committee on Foreign Investment in the United States (“CFIUS”)

On April 21, 2008, the Department of the Treasury released a set of proposed regulations governing mergers, acquisitions and takeovers by foreign persons.

Client Alert | May 7, 2008

State Department Publishes Proposed Rule Clarifying EAR Control of Certain Aircraft Parts and Components

The U.S. Department of State Directorate of Defense Trade Controls has published a proposed rule amending the International Traffic in Arms Regulations (“ITAR”).

Client Alert | May 2, 2008

Amendment to Foreign Sovereign Immunities Act Makes It Easier for Victims to Recover Damages from State Sponsors of Terrorism

Victims of state-sponsored terrorism will more readily be able to recover damages from terrorist states as a result of a provision of the National Defense Authorization Act for Fiscal Year 2008, which was signed into law today.

Client Alert | January 28, 2008

2007 Year-End FCPA Update

2007 -- A "Landmark Year" in FCPA Enforcement "2007 is by any measure a landmark year in the fight against foreign bribery." When Mark F. Mendelsohn, Deputy Chief of the Fraud Section in the Department of Justice's Criminal Division ("DOJ") and the government's top criminal Foreign Corrupt Practices Act ("FCPA") enforcer, opened the 2007 ACI FCPA Conference with this bold statement, not a single eyebrow rose across the ballroom filled with members of the ever-growing FCPA Bar.

Client Alert | January 4, 2008

FCPA Investigations: Working Through A Media Crisis

Washington, D.C. Partner Joseph Warin and Associate Andrew Boutros are the authors of "FCPA Investigations:  Working Through A Media Crisis" [PDF] published in the December 2007 issue of White Collar Crime.

Client Alert | December 1, 2007

SEC Seeks Comments on Disclosures of Business Activities in Cuba, Iran, North Korea, Sudan and Syria

The Securities and Exchange Commission (the “Commission”) recently issued a Concept Release on Mechanisms to Access Disclosures Relating to Business Activities in or with Countries Designated as State Sponsors of Terrorism (the “Concept Release”), available at http://www.sec.gov/rules/concept/2007/33-8860.pdf.The Concept Release seeks public comment by January 22, 2008 regarding various aspects of the Commission’s Congressional mandate to monitor issuers’ disclosures regarding their business activities in or with countries designated as State Sponsors of Terrorism (i.e., Cuba, Iran, North Korea, Sudan and Syria) and its proposed methods to facilitate access to such disclosures. Pursuant to a Congressional mandate, the Commission’s Office of Gl

Client Alert | November 27, 2007

View from here: Countering corruption

Partners F. Joseph Warin and Robert C. Blume and Associate J. Taylor McConkie are the authors of "View from here: Countering corruption" published in the October 25, 2007 issue of Legal Week.

Client Alert | October 25, 2007

UK House of Lords Proclaims Fresh Start to the Interpretation of English Law-Governed Arbitration Agreements

The House of Lords, England's highest court, has placed English law firmly on the side of liberal, pro-arbitration construction of arbitration provisions, ending years of technical debate distinguishing English law from that of many commercial centers around the world.

Client Alert | October 19, 2007

New Legislation Increases Penalties under the International Emergency Economic Powers Act

The President signed legislation into law today that will dramatically increase the maximum civil penalties under the International Emergency Economic Powers Act ("IEEPA") from $50,000 to $250,000 per violation, or twice the amount of the transaction, whichever is greater.

Client Alert | October 16, 2007

The FCPA Enforcement Explosion Continues: Nine New Enforcement Actions in 2007 and Approximately 100 Active Investigations

The Foreign Corrupt Practices Act (“FCPA”) is 30 years old this year, and the anniversary is being “celebrated” with an explosion of enforcement activity by both the Securities and Exchange Commission (“SEC”) and the Department of Justice (“DOJ”).

Client Alert | July 26, 2007

New Legislation on Foreign Takeovers in Wake of Dubai Ports Controversy

Today the President signed legislation increasing the federal government's scrutiny of mergers and corporate takeovers of U.S. businesses by foreign companies.

Client Alert | July 26, 2007

U.S. Department of Commerce Announces New Export Control Regulations for Exports to the People’s Republic of China

On June 19th, 2007, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published a final rule (the “China Rule”), effective immediately, that implements significant changes to its dual-use export control regulations for exports to the People’s Republic of China (“PRC”).

Client Alert | July 2, 2007

U.S. Treasury Department Imposes New Sanctions Against Sudan

On May 29, 2007, in response to the continuing conflict in Sudan, the United States imposed new sanctions against Sudan. The U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), which maintains and enforces U.S.

Client Alert | June 5, 2007

Chiquita Brands International, Inc. Pleads Guilty to Doing Business with a Terrorist Organization

On March 19, 2007, Chiquita Brands International, Inc. pleaded guilty to one count of doing business with a terrorist organization. James Thompson, senior vice president and general counsel for Chiquita, entered the plea on behalf of the company in the U.S.

Client Alert | March 23, 2007

U.S. Treasury Department Formally Severs Ties Between U.S. Financial Institutions and Banco Delta Asia

On March 14, 2007, Stuart Levey, the Undersecretary for Terrorism and Financial Intelligence at the U.S. Treasury Department, announced the issuance of a final rule under Section 311 of the USA PATRIOT Act that, in 30 days, will bar U.S.

Client Alert | March 15, 2007

U.S. Attorney Charges Two in Cuba Religious Travel License Fraud Scheme

The U.S. Attorney for the Southern District of Florida has charged defendants Victor Vazquez and David Margolis with conspiring to violate U.S. sanctions laws restricting travel to Cuba.

Client Alert | March 5, 2007

2006 Year-End FCPA Update

This client update provides an overview of Foreign Corrupt Practices Act ("FCPA") enforcement activities in 2006, a discussion of the trends we see from that activity, and practical guidance to help companies avoid or limit FCPA liability.FCPA OverviewThe FCPA’s anti-bribery provisions make it illegal to make payments of money or anything of value to any foreign government official or foreign political party in order to obtain or retain business or secure any improper advantage.  The anti-bribery provisions apply to "issuers," "domestic concerns," and "any person" that violates the FCPA while in the territory of the United States.  The term "issuer" covers any business entity that is registered under 15 U.S.C.

Client Alert | February 7, 2007

Amendments Clarifying the Global Terrorism Sanctions Regulations

On January 25, 2007, the Treasury Department’s Office of Foreign Assets Control (“OFAC”) made certain amendments to Part 594 of Title 31 of the Code of Federal Regulations, the Global Terrorism Sanctions Regulations (“GTSR”).

Client Alert | February 2, 2007

Japan chapter of the PLC Cross-Border Competition Handbook 2006-2007

Brussels Associate Vassili Moussis is a contributor to the Japan chapter [PDF] of the PLC Cross-Border Competition Handbook 2006-2007, Volume 2: Leniency.

Client Alert | December 1, 2006

Alcatel/Lucent Merger to Proceed Following President Bush’s Acceptance of CFIUS’s Recommendation for Approval

On November 17, 2006, President George W. Bush accepted the recommendation of the Committee on Foreign Investment in the United States (CFIUS) and permitted the $11.8 billion acquisition of U.S.-based Lucent Technologies by the French telecommunications company, Alcatel.

Client Alert | November 28, 2006

L-3 Communications Corp. Agrees to Pay $1.5 million in Fines for Its Subsidiary’s Past Violations of the ITAR Reporting Requirements

L-3 Communications Corporation (L-3), a Delaware company engaged in the business of manufacturing and exporting defense articles and providing defense services, has agreed to pay in fines and remedial compliance measures a civil penalty in the amount of $1.5 million in complete settlement of civil charges for its subsidiary's past, pre-acquisition violations of certain reporting requirements under the International Traffic in Arms Regulations (ITAR).

Client Alert | November 10, 2006

President Signs Iran Freedom Support Act

On September 30, 2006, the President signed into law the Iran Freedom Support Act ("IFSA"). The law authorizes the President to impose penalties against non-U.S.

Client Alert | October 30, 2006

United Nations Convention Steps Up International Efforts to Combat Corruption

On September 15, 2006, the United States Senate provided its advice and consent to the ratification of the United Nations Convention Against Corruption (“the Convention”).

Client Alert | October 23, 2006

Christopher A. Padilla Confirmed as Assistant Secretary of Commerce for Export Administration

On September 29, 2006, the U.S. Senate confirmed Christopher A. Padilla as Assistant Secretary of Commerce for Export Administration. In this capacity, he will be the second highest ranking official in the Commerce Department's Bureau of Industry and Security.

Client Alert | October 17, 2006

Norwegian Oil Company Pays $21 Million to Settle FCPA Charges Stemming from Bribes to Iranian Official

Statoil ASA, an international oil company headquartered in Norway and majority-owned by the Government of Norway, has agreed to pay a total of $21 million to settle criminal and administrative charges for violating the anti-bribery and books-and-records provisions of the U.S.

Client Alert | October 16, 2006

New U.S. Anti-Terrorism Guidelines for Charities and Nonprofit Organizations

The U.S. Department of the Treasury has issued updated anti-terrorism guidelines for U.S.-based charities and nonprofit organizations. The U.S. Department of the Treasury Anti-Terrorist Financing Guidelines: Voluntary Best Practices for U.S.-based Charities, released September 29, is intended to help charities assess and develop their internal controls and protective measures to avoid involvement in terrorist support networks.

Client Alert | October 12, 2006

Beware of OFAC

Partner Judith Lee and Of Counsel James Slear are authors of "Beware of OFAC" [PDF] published in September 2006 in the International Financial Law Review.Copyright 2006 by the International Financial Law Review.

Client Alert | September 15, 2006

Special problems concerning the Foreign Corrupt Practices Act in the People’s Republic of China

Partner Judith Lee and Of Counsel James Slear are authors of "Special problems concerning the Foreign Corrupt Practices Act in the People's Republic of China" [PDF] published in September 2006 in the IBA Legal Practice Division's Litigation Committee Newsletter.

Client Alert | September 13, 2006

Japanese leniency process evolves

Brussels Associate Vassili Moussis is the author of "Japanese leniency process evolves" [PDF] in the August 30, 2006 edition of Global Competition Review.--------------------------------------------------------------------------------Reprinted with permission.   www.GlobalCompetitionReview.com

Client Alert | September 11, 2006

2006 Bank Secrecy Act/Anti-Money Laundering Examination Manual Clarifies Elements of Effective OFAC Compliance Program for ACH Transactions

On July 28, 2006, the Federal Financial Institutions Examination Council (FFIEC) released the 2006 Bank Secrecy Act/Anti-Money Laundering Manual ("BSA/AML Manual").

Client Alert | September 11, 2006

United States Denies Large Iranian Bank All Access to U.S. Financial System

The United States Treasury Department announced today that Bank Saderat Iran will be denied even indirect access to the U.S. financial system, because of its efforts "to transfer money to terrorist organizations, including Hizballah, Hamas, the Popular Front for the Liberation of Palestine-General Command and Palestinian Islamic Jihad." Bank Saderat is one of the largest Iranian banks, with approximately 3,400 branch offices worldwide. Under the current rules, U.S.

Client Alert | September 8, 2006

OFAC Issues Interpretations on Iran and the Palestinian Authority

The Office of Foreign Assets Control ("OFAC") has taken two recent actions related to transactions with countries and entities in the Middle East. On July 20, 2006, OFAC issued a Statement of Licensing Policy that establishes a favorable licensing regime through which U.S.

Client Alert | September 7, 2006

Doing Business in China – Unique Corruption Compliance Concerns and Strategies

Partner Judith Lee and Of Counsel James Slear are authors of "Doing Business in China - Unique Corruption Compliance Concerns and Strategies" [PDF] published in August 2006 by the Washington Legal Foundation in their Contemporary Legal Note Series, No.

Client Alert | August 30, 2006

United States Revokes ITAR Licenses and Accelerates Venezuelan Arms Embargo

Effective August 17, 2006, the United States revoked all licenses and approvals authorizing the export of or other transfers of defense articles or services to Venezuela and will no longer authorize the export of such articles or services to Venezuela.

Client Alert | August 21, 2006

Department of Defense Proposed Rule Highlights Need for Effective Export Compliance Program

The Department of Defense (DoD) on August 14, 2006, published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for preventing the unauthorized disclosure of export-controlled information and technology under DoD contracts.

Client Alert | August 14, 2006

Alien Tort Claims Act Update: Ninth Circuit Reinstates Rio Tinto Lawsuit in the United States

On Monday, August 7, 2006, the Ninth Circuit reinstated a lawsuit brought by residents of Bougainville, Papua New Guinea (“PNG”) against London-based Rio Tinto PLC (“Rio Tinto”) under the Alien Tort Claims Act, 28 U.S.C.

Client Alert | August 10, 2006

Adam Szubin to Head the Office of Foreign Assets Control

The Office of Foreign Assets Control (OFAC) is under new leadership. On August 1, 2006, the U.S. Treasury Secretary Henry M. Paulson named Adam Szubin as the new Director of the Office of Foreign Assets Control OFAC.

Client Alert | August 3, 2006

The United States Extends Sanctions against Burma

On August 1, 2006, President Bush signed a bill renewing the Burmese Freedom and Democracy Act of 2003 (BFDA). This bill renews sanctions against Burma under the BFDA for an additional year and amends the BFDA to allow annual renewal of this law for up to six more years. The BFDA imposes a general import ban on products from Burma and bars investment in Burma.

Client Alert | August 2, 2006

United States Proposes Major Changes in Export Controls for China

The U.S. Department of Commerce recently proposed changes in export rules for the People’s Republic of China (the “PRC”). The proposed changes will purportedly loosen controls on many exports intended for civil end-use while tightening restrictions on exports that may contribute to the PRC’s military capabilities.

Client Alert | July 19, 2006

United States Announces Venezuela Arms Embargo, Additional Export Restrictions Possible

On May 15, 2006, the United States Department of State announced an arms embargo against Venezuela, identifying that country as not fully cooperating with U.S.

Client Alert | June 8, 2006

Normalized United States-Libya Relations Expected to Ease Export Restrictions

In a May 15, 2006 announcement, the Bush Administration signaled Libya's removal from the list of countries not supporting U.S. antiterrorism efforts and the reopening of diplomatic relations with Libya.

Client Alert | June 8, 2006

OFAC Adopts New Regulations Concerning Business Transactions with the Palestinian Authority

Effective May 10, 2006, OFAC amended its Global Terrorism Sanctions Regulations, Terrorism Sanctions Regulations and Foreign Terrorist Organizations Sanctions Regulations to add general licenses (referred to below as "the May 10 amendments") authorizing certain transactions with the Palestinian Authority (PA).

Client Alert | May 17, 2006

The Tail That Wags the Dog: Parts Originally Designed for Military Applications Can Control Licensing Requirements for Contemporary End Products

In a case that demonstrates the risks associated with the cross-utilization of even minor components in military and commercial applications, a major aerospace company recently agreed to pay $15 million to settle allegations that it violated the Arms Export Control Act ("AECA"), as implemented by the International Traffic in Arms Regulations ("ITAR").

Client Alert | April 17, 2006

Recent OFAC Activity of Interest to Companies Participating in International Exports

The Office of Foreign Assets Control ("OFAC") has recently taken four actions of potential interest to companies participating in international exports:First, OFAC recently codified the Syrian sanctions regulations that had been imposed by a 2004 Executive Order.Second, President Bush has just issued an Executive Order imposing sanctions against the Cote d'Ivoire.Third, the Federal Register has published OFAC's new Economic Sanctions Enforcement Procedures for Banking Institutions.Fourth, the U.S.

Client Alert | March 17, 2006

Illinois Law Restricts Business Connections to Sudan – Many Companies Will Be Asked for Certification

On January 27, the Act to End Atrocities and Terrorism in the Sudan, Public Act 094-0079 ("the Act"), will become effective in Illinois. This legislation amends the Illinois Deposit of State Moneys Act to prohibit the investment of state funds in Sudanese entities and in domestic companies who do business with Sudan.

Client Alert | January 26, 2006

Leniency for Japan

Brussels Associate Vassili Moussis is co-author of "Leniency for Japan" [PDF] in the December 2005/January 2006 edition of Global Competition Review. Reprinted with permission.

Article | January 17, 2006

U.S. Export Control Compliance Requirements for Government Contractors

November 2005Partners Joseph West and Judith Lee and associate Jason Monahan are authors of "U.S. Export Control Compliance Requirements for Government Contractors" [PDF] published in the November 2005 issue of Briefing Papers, a Thomson/West publication.Reprinted with permission, Briefing Papers, © 2005 Thomson/West.

Client Alert | November 30, 2005