Brexit: Trade and Regulation Outlook
The UK vote to Brexit has material economic, financial, commercial, political, legal and social implications. Once the UK government has formally notified the European Council of its citizens’ decision...
View ArticleThe Future of UK-EU Trade: An Overview
In the aftermath of Brexit, the United Kingdom is faced with the challenge of negotiating a relationship with the European Union that balances Single Market access with national control over the...
View ArticleThe Future of U.K.-EU Trade: The Norway Model
In the aftermath of Brexit, the United Kingdom is faced with the challenge of negotiating a relationship with the EU that balances Single Market access with national control over the movement of goods...
View ArticleThe Future of UK-EU Trade: The Swiss Model
In the aftermath of Brexit, the United Kingdom is faced with the challenge of negotiating a relationship with the European Union that balances Single Market access with national control over the...
View ArticleThe Future of U.K.-EU Trade: The Bilateral Trade Agreement Model
In the aftermath of Brexit, the United Kingdom is faced with the challenge of negotiating a relationship with the European Union that balances Single Market access with national control over the...
View Article2016 Postelection Regulatory Report
The results of the U.S. presidential election are historic and unanticipated, and they will have significant economic, political, legal and social implications. As we prepare for the Trump presidency,...
View ArticleTrump Administration Launches Probe of Steel Imports Under Trade Expansion Act
Invoking statutory authority not used in almost two decades, President Trump on April 20, 2017, directed the U.S. Department of Commerce (DOC) to conduct an investigation into the effects of steel...
View ArticleAmbassador Lighthizer Notifies Congress of the Administration’s Intent to...
Yesterday morning, the Office of the United States Trade Representative (USTR) formally notified Congress that the administration intends to initiate renegotiations with Mexico and Canada on the North...
View ArticlePublic Comment Period on NAFTA Negotiating Objectives
On Tuesday, May 23, the Office of the U.S. Trade Representative issued a Federal Register notice asking for public comments on what the negotiating objectives should be for the North American Free...
View ArticleEverything You Need to Know About the Australian Domestic Gas Security...
The Australian Domestic Gas Security Mechanism at a Glance - On June 5, 2017, the Australian government released draft amendments to the existing Customs (Prohibited Exports) Regulations 1958 (the...
View ArticleTrump Administration Drug Pricing Blueprint: Overview and Analysis
• The administration’s drug pricing Blueprint combines proposals that are already under way with new initiatives that may or may not be adopted. • Many of the more dramatic proposals would require...
View ArticleNew Circular Letter on Lump-Sum Taxation in Switzerland
• The Swiss Federal Tax Administration published a new circular letter on lump-sum taxation. • The circular sets out a minimum taxable income of CHF 400,000 even if the living expenses are lower. • The...
View ArticleU.S.-Mexico-Canada Agreement Announced
On Sunday, September 30, President Trump reached an agreement with the governments of Canada and Mexico to revise and modernize the North American Free Trade Agreement (NAFTA). Publishing the text of...
View ArticleSwiss Tax Law Changes: Federal Act on Tax Reform and AHV Financing (TRAF)
• Switzerland’s privileged taxation of companies is no longer in line with international standards. • In 2017, the first attempt to abolish the internationally criticized regime was clearly rejected by...
View ArticleSwiss Tax Law Changes: New Withholding Tax Rules
• Under Swiss law, Swiss employers must levy an employment withholding tax on the salary received by foreign nationals who do not hold a permanent residence permit. • Only taxpayers whose salary...
View ArticleSwiss Corporate Law Changes: End of Bearer Shares?
• Since 2015, acquirers of Swiss non-listed bearer shares must report their name and address to the company within one month of the acquisition. The ultimate beneficial owner of an interest of 25 per...
View ArticleICSID Rules Reform: Public Comments Are Due Before the End of December
• The current reform of the ICSID Rules, launched in October 2016, is the most far-reaching amendment process in over 50 years. • The reform aims at modernizing and simplifying the Rules, enhancing the...
View ArticleSwitzerland: New Laws on Financial Services
• Following the 2008 crisis, Switzerland launched a legislative project to create uniform competitive conditions for financial intermediaries and improve client protection. • Swiss Parliament adopted...
View ArticleSwitzerland: New Laws on Financial Institutions
• Following the 2008 crisis, Switzerland launched a legislative project to create uniform competitive conditions for financial intermediaries and improve client protection. • Swiss Parliament adopted...
View ArticleICC issues Practice Note on Three Hot-Topics in International Arbitration: an...
• The International Court of Arbitration (the “Court”) of the ICC has published a Note to Parties and Arbitral Tribunals on the conduct of the arbitration under the ICC Rules of Arbitration (the “Note”...
View ArticleUpdate: Swiss tax law changes: Federal Act on Tax Reform and AHV Financing
• On 17 January 2019, sufficient signatures were filed requesting a referendum on the Federal Act on Tax Reform and AHV Financing (TRAF). • The public vote will be held on 19 May 2019. • If TRAF is...
View ArticleSwitzerland: New FinTech Regulation
• On 2 November 2016, the Swiss Federal Council announced that it planned to reduce barriers to market entry for FinTech companies. • The program of the Swiss Federal Council comprised three pillars...
View ArticleUSTR Considering Additional $4 Billion in European Products for Special Duties
• The USTR will consider a second list of products, totaling $4 billion in imports, to include in its proposed duties of up to 100 percent ad valorem on EU imports. • The additional list covers 89...
View ArticleTech Groups Pitch Priorities for WTO E-Commerce Trade Talks
At the World Trade Organization’s (WTO’s) 2019 Public Forum last week—where members of the public, academia and civil society discussed ideas on the theme of “Trading Forward: Adapting to a Changing...
View ArticleUSTR Proposes Additional Duties on $2.4 Billion in French Imports
Key Points - USTR has proposed to impose additional duties of up to 100 percent ad valorem on $2.4 billion in imports of French products in response to France’s Digital Services Tax. - The proposed...
View Article[Podcast] US-China Trade War – What Business Needs to Know
In this episode, Akin Gump international trade partner Steve Kho and public law and policy partner Clete Willems discuss the U.S.-China trade war, where it stands and where it may be going. Among the...
View ArticleMedTech Update 2020: Legal and Regulatory Issues to Watch For in the Medical...
Medical device and diagnostics companies and laboratories should anticipate significant legal, regulatory and market changes in 2020 that will have a lasting impact on the industry. From revisions to...
View ArticleNvidia/Mellanox: China’s Close Scrutiny of Semiconductor Deals Continues
- On April 16, 2020, the Chinese competition authority finally announced its conditional approval of Nvidia’s $6.9 billion acquisition of Mellanox. - The Chinese SAMR approved the acquisition after a...
View ArticleBrazil Initiates Process to Join the WTO Government Procurement Agreement
- On May 18, 2020, the government of Brazil submitted its application for accession to the WTO GPA, which will further open the Brazilian government procurement market to foreign producers and foreign...
View ArticleNew China National Security Law
The National People’s Congress in China has today adopted a resolution paving the way for a new national security law to apply to Hong Kong. The law is expected to focus on the prevention and...
View ArticleThe USMCA’s Facility-Specific Rapid Response Labor Mechanism: Are You Ready...
- The Facility-Specific Rapid Response Labor Mechanism (RRLM) in the United States-Mexico-Canada Agreement (USMCA) establishes an entirely new streamlined approach to labor dispute settlement in free...
View ArticleThe Unfolding Shape of the New National Security Law for Hong Kong
Following the decision taken by China’s National People’s Congress to adopt a new national security law (the “Security Law”) for the Hong Kong Special Administrative Region (“Hong Kong”) on May 28, the...
View ArticleThe New National Security Law for Hong Kong Takes Effect
On June 30, the Standing Committee of the National People’s Congress (the “Standing Committee”) in the People’s Republic of China (“China”) unanimously passed The Law of the People’s Republic of China...
View ArticleExecutive Order on Essential Medicines: A Timeline and Overview of Key...
On August 6, President Trump issued an Executive Order (EO) titled “Ensuring Essential Medicines, Medical Countermeasures and Critical Inputs Are Made in the United States.” The far-reaching EO seeks...
View ArticleCommerce Introduces General Approved Exclusions (GAEs) and Other Changes to...
Key Points - On December 14, 2020, Commerce promulgated a fourth interim final rule to revise certain aspects of the Section 232 steel and aluminum exclusions process. - One notable change is the...
View ArticleCourt of International Trade Issues Preliminary Injunction in Unprecedented...
Yesterday, in the unprecedented “In re Section 301 Cases” litigation, the U.S. Court of International Trade (CIT) entered a preliminary injunction that suspends the liquidation of plaintiffs’...
View ArticleSection 232 National Security Investigation on NdFeB Permanent Magnets...
Key Points - The Department of Commerce initiated a Section 232 national security investigation into NdFeB permanent magnets, which are used in fighter aircraft, missile guidance systems, electric...
View ArticleProposed Constitutional Reform in Mexican Power Sector
On October 1, 2021, Mexico’s President Andrés Manuel López Obrador submitted to the House of Representatives a bill to amend the Mexican constitution in respect of the electric power sector. The bill...
View ArticleAmerica COMPETES Act v. US Innovation and Competition Act—Summary of Key...
On Friday, February 4, 2022, the House passed the America COMPETES Act on nearly a straight party line vote to, among many other priorities, fund domestic semiconductor chip manufacturing, dramatically...
View ArticleAmerica COMPETES Act v. US Innovation and Competition Act—Summary of Key...
One of the few remaining opportunities for passage of bipartisan legislation this Congress is legislation to improve America’s competitiveness vis-à-vis China for semiconductor manufacturing and...
View ArticleUSTR and DOC Seeking Public Comments on Digital Trade Issues under the...
Key Points - On March 11, 2022, USTR and DOC requested public comments on the trade pillar of the Indo-Pacific Economic Framework, with both requests including a focus on digital trade issues. Comments...
View ArticleU.S. and Multilateral Russia-related Trade Policy and Import Restrictions
Key Points - The United States and its allies are banning imports or increasing tariffs on Russia’s top products—crude oil, petroleum, petroleum fuels, oils, liquefied natural gas, coal, fish, seafood,...
View ArticleUSTR Releases Section 301 China Tariff Necessity Review Comment Form
On November 1, USTR released a comment form prescribing the submission format for public comments in the “necessity review” process for the Section 301 China tariffs. USTR first announced the public...
View ArticleUSTR Announces Support for Extending TRIPS Waiver Expansion Discussions and...
Key Points - On December 6, days before a deadline for WTO members to decide whether to expand the TRIPS waiver for COVID-19 vaccines to cover COVID-19 diagnostics and therapeutics as well, the Office...
View ArticleEU Reaches Provisional Agreement on Carbon Import Charge
Key Points - The co-legislators of the EU recently reached a provisional agreement on a regulation for a CBAM. CBAM will require importers to the EU of covered carbon-intensive products to pay a charge...
View ArticleUSITC Sets Out Process of Its Investigation into TRIPS Waiver Expansion
On February 1, the USITC formally announced the opening of its investigation into the merits of expanding the TRIPS Waiver to diagnostics and treatments. The investigation was initially requested by...
View ArticleThe EU IP Harmonization Package to Include EU-wide compulsory License
Key Points - The EU aims to harmonize patent protection rules and flexibilities with a layer on top of national rules. This is in line with long-term efforts by the EU institutions to harmonize patent...
View ArticleTech Transfer in the WTO—What’s in It for Africa? And for the Rest of the World?
The “African Group” in the World Trade Organization (WTO) is pushing for discussions—and potentially renegotiation of international trading rules—on how developing countries do and can acquire...
View ArticleUS Seeks Comments on Text for WIPO Genetic Resources Treaty
Summary - Last year the World Intellectual Property Organization (WIPO), under a threat of a vote, accelerated negotiations on an international legal instrument related to intellectual property (IP)...
View ArticleImplications of US Department of Energy Decision to ‘Pause’ Authorizations of...
On January 26, 2024, the Biden-Harris Administration announced that it would place a temporary “pause” on pending decisions to export liquefied natural gas (LNG) to countries with which the United...
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