After various delays, on 19 February 2024 the EU Commission issued its FAQ guidance on Article 3q of Council Regulation (EU) No. 833/2014 (as amended). The FAQ document provides some key clarifications sought by the market. However, some uncertainties remain
Continue Reading EU Clarifies Article 3q for Tanker S&P Market

On 14 December 2023, the two EU co-legislators, the Council of the EU and the European Parliament, provisionally reached an agreement on the Corporate Sustainability Due Diligence Directive (CS3D). In essence, the Directive sets out an obligation for companies to comply with human rights and environmental due diligence and provides for an enforcement mechanism with

The recent English Court of Appeal judgment on Mints & others v PJSC National Bank Trust & PJSC Bank Otkritie Financial Corporation [2023] EWCA Civ 1132 (“Mints”) on 6 October 2023 discussed several fundamental issues pertaining to concepts under the Sanctions and Anti-Money Laundering Act 2018 (“SAMLA”) and the secondary sanctions regulations thereunder, in particular the Russia (Sanctions) (EU Exit) Regulations 2019 (the “Regulations”).
Continue Reading UK Sanctions – What is “Control”?

The Court of International Trade continues to focus in on issues relating to Chinese-origin goods and on March 17 upheld the Section 301 tariffs on Chinese-origin goods identified on List 3 and List 4A. This decision comes despite the plaintiffs in In re Section 301 Cases arguing that the U.S. Trade Representative (USTR) violated the

A Tri-Seal Compliance Note (“Note”) has been released by the Department of Commerce, Department of Treasury, and Department of Justice to assist businesses in identifying warning signs and implementing appropriate compliance measures to ensure cooperation with Russian-related sanctions and export controls. One of the most common sanction evasion tactics highlighted in the Note is the

The EU is adopting mandatory supply chain due diligence schemes to regulate the placing of goods in the EU market. Currently, the Conflict Minerals, Timber, FLEGT, and Kimberley Process Certification schemes are in force. The Carbon Border Adjustment Mechanism, Deforestation-free, Forced Labor, and Batteries schemes are at various stages of adoption. The Due Diligence Directive

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) continues their campaign to increase corporate accountability and transparency measures and incentivize companies to invest in compliance programs by announcing four significant policy changes to the Export Administration Regulations (EAR). As our U.S. trade team outlines in their latest alert, these new policies, which

Assistant Secretary for Export Enforcement, Matthew S. Axelrod, has previewed some of the ways the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) will change its approach to enforcing export control and antiboycott laws. BIS’s proposed changes in policy seek to further increase transparency, strengthen compliance, and incentivize deterrence.

BIS’s approach echoes similar