Miranda Riemer

Latest Articles

Earlier this month, Venable reported on the Trump administration’s intent to make the federal government’s procurement preference for domestic products (i.e., the body of “Buy American” laws that have been around in some form or another since 1933) even “more muscular” by moving forward with a “new policy” that is “based on the twin pillars of maximizing Made in America content and minimizing waivers and exceptions to Buy American laws.” To that end, on April…
On May 20, 2015, the Federal Communications Commission (“FCC”) released an Enforcement Advisory[1] notifying providers that the agency’s recent Open Internet Order “applies the core customer privacy protections of Section 222 of the Communications Act” – which requires that providers “shall only use, disclose, or permit access to individually identifiable customer proprietary network information” in the provision of services[2] – to broadband Internet access providers.  Accordingly, as of June 12, 2015, and absent a…
OFAC Expands the 50 Percent Rule Last month, the Department of Treasury’s Office of Foreign Assets Control (OFAC) released new guidance related to entities owned or controlled by persons designated as a Specially Designated National (SDN) on OFAC’s SDN list.  Although the guidance leaves intact the current meaning “50 percent rule,” the rule will now allow OFAC to take a far broader approach in determining when the 50 percent rule applies.…
Last month, the United States announced new sanctions against Uganda in response to human rights violations, targeted discrimination, and draconian criminal penalties.  Specifically, on June 19, the Obama administration quietly revealed plans to cancel a U.S. military-sponsored exercise in Uganda, to prevent entry into the United States by certain Ugandan officials, and to discontinue or divert funds earmarked for certain aide programs involving the Ugandan Police Force, Ministry of Health, and National Public Health Institute.…
There’s no end in sight for the turmoil in Ukraine. And there’s no end in sight for international sanctions against Russia for causing that turmoil. As sanctions escalate, so will the collateral damage. New sanctions announced on April 28, 2014 will not only affect Russia and Ukraine, but will affect U.S. business too. But while the United States and its allies continue to double down on their sanctions efforts, no one in Washington seems very…
1. Proposed Rule to Amend DFARS Coverage of Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States.  On October 31, 2013, the Department of Defense (“DoD”) proposed to amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) to amend and clarify certain provisions regarding contractor personnel supporting U.S. Armed Forces deployed outside the United States.  As an initial matter, DFARS § 252.225-7040(a) would be amended to clarify which contractors are authorized to accompany the force…
Vacation is great, but it can involve a great deal of planning.  And, paradoxically, leisure travel can involve more planning than traveling for business.  That travel-related work stands out as a centerpiece of the October 22, 2013 Diebold, Inc. (Diebold) Foreign Corrupt Practices Act (“FCPA”) settlement with the U.S. Securities and Exchange Commission (SEC) and Deferred Prosecution Agreement with the U.S. Department of Justice (DOJ).  The $48 million in penalties, disgorgement, and interest, and the…
On August 26, 2013, in yet another move geared toward streamlining the U.S. export control regulatory landscape, the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) published its long-awaited interim final rule on arms brokers and brokering activities.  The revamped International Traffic in Arms Regulation (ITAR) Part 129 directly addresses industry concerns regarding the scope and applicability of the current brokering requirements.  Although the rule comes nearly two years after the most recent…
As the new year brings in a new term for the Obama Administration, the pace of Iran sanctions shows no sign of slowing.  As we reported in October and November, Washington’s commitment to denying Iran the ability to advance its nuclear weapons program remains steadfast.  We expect the Iran Freedom and Counter-Proliferation Act of 2012 (IFCPA), included in the National Defense Authorization Act for Fiscal Year 2013, to deal another powerful blow to large…
On December 17, 2012, the Securities and Exchange Commission (“SEC”) announced a settlement under the U.S. Foreign Corrupt Practices Act (“FCPA”) with Allianz SE (“Allianz”), the insurance company based in Germany, resulting in $5.3 million in civil penalties and more than $7 million in disgorgement and interest.  The settlement stemmed from a two-year investigation into allegations that an Allianz subsidiary paid bribes to government officials in Indonesia over a seven-year period and violated the FCPA’s…