International Regulatory Enforcement

Details on Washington, D.C. COVID-19 Closure of Non-Essential Businesses Order
On March 24, 2020, Washington, D.C. Mayor Muriel Bowser issued an order requiring the closure of non-essential businesses and prohibiting gatherings of ten or more individuals (“Order”). The Order, issued as a result of the COVID-19 pandemic, went into effect at 10:00 pm on Wednesday, March 25, 2020 and will continue through April 24, 2020, unless further extended.
OECD National Contact Points: Lessons from VEON & ANZ
OECD National Contact Point (NCP) processes—discussed in a prior post and article—are an increasingly material source of ESG-related business risk. Two recent decisions illustrate how these processes are evolving to take on a broader mandate and harder edge.
Foreign Investment Control in France: A Strengthened Regime
The French foreign investment control regime has been recently adjusted. The list of “sensitive sectors” has been extended and criteria regarding the submission of a foreign investor to prior authorization have been clarified. Greater enforcement powers have also been granted to the French Ministry of Economy and Finance.
U.S. Increases Sanctions on Iran as Tensions Escalate
On Friday, January 10, the Trump Administration increased the stakes for non-U.S. companies seeking to do business with Iran, as tensions between the two countries escalate.
Navigating an OECD NCP Specific Instance
Over the last decade, the growing materiality of environmental, social and governance (ESG) risks has been accompanied—and spurred—by the increasing prominence of alternative dispute resolution mechanisms for ESG disputes. These institutions are one node in the tightening web of ESG-related business risk. This entry focuses on the most prominent non-judicial mechanism to resolve global ESG disputes, the OECD National Contact Point (NCP) process.
ESG and Mission-Critical Issues for Director & Officer Liability
Amidst a spirited debate around the duties of directors in relation to environmental, social, and governance (ESG) risks, two recent decisions from Delaware courts provide clarifying contours. The decisions are particularly significant since Delaware is the leading state for corporate law and the most popular jurisdiction of incorporation for publicly traded companies. Both decisions construe the scope of a board’s responsibility to monitor and oversee corporate risk under the standards set forth in In re Caremark Int’l, Inc. Derivative Litigation, 698 A.2d 959 (Del. Ch. 1996), and its progeny.
OFAC’s Mixed Signals Lead to Exxon Victory in District Court
Jason Fiebig, Jeremy Steed, Christina Ferma, Thomas Jordan
New Export Regulations on AI Software Could Signal Narrow Approach to Pending “Emerging Technology” Controls
The U.S. Government has imposed new export controls over artificial intelligence software that is specially designed to analyze geospatial imagery. The classification took immediate effect and, as such, this software is now restricted from export to any country, or national thereof, other than Canada. Commerce intends to submit this software to the multilateral regime governing export controls, indicating a potential intent to restrict exports of this software permanently. This is the first major action by Commerce to control exports of AI technology since Congress empowered the agency to clamp down on transfers of so-called “emerging and foundational technologies.” While not technically an action under this new authority, Commerce’s initial step to rein in exports of AI could portend a more targeted, careful approach than has been anticipated.
Enhancing Workforce Confidence in Internal Investigations
While each company will have different approaches to reviewing potential policy and regulatory breaches, we offer five steps that companies can take right now to enhance workforce confidence in internal investigations.
New EU Anti-Money Laundering Laws Applicable to Cryptocurrency
Anti-money laundering and counter terrorist financing requirements to apply to cryptoasset businesses from 10 January 2020. Crypto-businesses will need to overcome obstacles to customer journeys and satisfy fit and proper threshold.
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