DOJ's recent moves charging 11 individuals and various corporate entities for their roles in schemes to evade U.S. sanctions and export controls on Russia signal the government's continuing efforts to "aggressively enforce" restrictions on Russia, law firm Paul Weiss said in an analysis posted online Oct. 26. As a result, multilateral corporations with international supply chains need to ramp up compliance measures and be aware that international cooperation has expanded the reach of U.S. sanctions enforcement, the firm said.
The Office of the U.S. Trade Representative, in a Federal Register notice published Oct. 26, asked for applications from people who would like to serve on panels that review final determinations in antidumping or countervailing duty proceedings and amendments to AD/CVD statutes of a USMCA Party. These people would be on the roster from April 1, 2023, through March 31, 2024. Applications are due by Nov. 30, and can be submitted at www.regulations.gov, docket number USTR-2022-0015.
The failures of Telefonaktiebolaget LM Ericsson and Korea Telecommunications Corporation (KT) provide poignant lessons on how to beef up protection against corruption risks, particularly within the telecommunications sector, lawyers at Hogan Lovells said in an analysis posted on the firm's website Oct. 11. The sector "is particularly vulnerable to corruption," meaning compliance functions must look to "double down on their efforts to ensure that robust and efficient processes" are implemented and stress-tested, the post said.
The Department of Homeland Security in a Sept. 28 move temporarily waived the Jones Act -- a law requiring goods traveling between U.S. ports to be carried on U.S.-made and -flagged ships -- for vessels headed to Puerto Rico to provide relief from Hurricane Fiona. The waiver runs Sept. 13-24.
Oracle Corporation will pay more than $23 million to settle charges it violated parts of the Foreign Corrupt Practices Act when its Turkish, Emirati and Indian subsidiaries used slush funds to bribe foreign officials for business from 2016 to 2019, the Securities and Exchange Commission announced. The company agreed to pay around $8 million in disgorgement and a $15 million penalty, along with agreeing to "cease and desist" from violating the anti-bribery, books and records and internal accounting controls elements of the FCPA, SEC said. Oracle did so without admitting or denying the SEC findings.
Nardello & Co., a global investigations firm, opened an office in Los Angeles that will be led by Managing Director Amie Chang, the firm announced. Chang returns to the U.S. from the firm's Hong Kong office, where she worked on various due diligence investigations, providing litigation support and aiding sensitive political risk engagements in China, the firm said. Prior to joining the firm, Chang worked as a DOD intelligence analyst and as a State Department diplomat. The firm's focus includes white collar criminal and civil litigation, due diligence, anti-corruption and fraud investigations, and asset tracing.
The State Department's Office of the Legal Adviser on Aug. 30 released its "Digest of United States Practice in International Law" for 2021. Chapter 3 covers the termination of International Criminal Court-related sanctions, and Chapter 16 focuses on sanctions developments from 2021, export controls and recent litigation and other restrictions. The document gives a record of the view and practice of the U.S. government.
A Foreign Corrupt Practices Act case showed the limits that a request under a mutual legal assistance treaty (MLAT) can have for tolling a statute of limitations, two Holland & Knight attorneys said in an Aug. 29 blog post. The attorneys, Wifredo Ferrer and Gary Klubok, wrote that a recent district court decision tossing four counts of FCPA and other violation allegations on the grounds that the government cannot use multiple MLATs as a tool to extend tolling offers lessons for defense attorneys: criteria for when MLAT tolling orders end, and that MLAT tolling is offense-specific and not person-specific.
The Government Accountability Office, in a July 25 decision, dismissed a protest from shipping container manufacturer Sea Box contesting the terms of a Defense Logistics Agency request for quotations (RFQ) for freight containers. Sea Box said the solicitation should have more information on the Buy American Act's requirement for domestic end products, but GAO ruled the protest doesn't cite any procurement law or regulation requiring the DLA to include such information in the solicitation.
Law firm Baron & Budd will invest "significant resources" from its whistleblower practice to look into allegations of customs fraud, the firm announced. Citing the tariffs imposed by the Trump administration and continued by President Joe Biden, Baron & Budd said that it is impossible for CBP to catch every instance of customs fraud, opening the door for whistleblowers to help out with customs enforcement. The firm encouraged whistleblowers with information about a company evading tariffs or duties to bring a False Claims Act lawsuit, which allows the whistleblowers to get a cut of the money recovered by the government in a successful FCA case.