As the next part of our series of updates focusing on the key disputes and risk related issues arising from the conflict in Ukraine, we have highlighted specific instances where EU companies and executives may be exposed to risks of
Latest from Cleary Foreign Investment and International Trade Watch
Global Merger Control and Foreign Direct Investment Considerations Associated with Cross-Border Transactions
Recent developments regarding global competition enforcement and foreign direct investment, or FDI, review regimes have created uncertainty for cross-border transactions. Specifically, global merger control authorities have become increasingly aggressive in “calling in” transactions under so-called “voluntary” regimes and a number
Russia-Ukraine Disputes Taskforce
We are witnessing a new dispute resolution landscape emerge as a result of the ongoing situation in Ukraine.
We have created a dedicated taskforce of specialists that aims to help our clients through this challenging time as the number of
U.S. Federal Judge Finds Probable Cause for Conspiracy to Violate U.S. Sanctions and to Defraud the United States in First Published Opinion Discussing U.S. Sanctions Violations Involving Use of Cryptocurrency
In a recent opinion, U.S. Magistrate Judge Zia M. Faruqui of the U.S. District Court for the District of Columbia held that there is probable cause to find that a U.S. citizen-defendant violated U.S. sanctions by funneling cryptocurrency to a
U.S. Government Reportedly Taking Steps Toward Limited Easing of Venezuela-Related Sanctions
The U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”) is reportedly taking steps toward a limited easing of certain sanctions targeting Venezuela. If the public reporting is accurate, these limited concessions are being made by the Biden
Sanctions Developments Resulting From the Conflict in Ukraine
The United States, the European Union and the United Kingdom, along with a number of other jurisdictions, have responded to the ongoing military conflict in Ukraine by adopting new, additional and/or enhanced economic sanctions, trade restrictions and other restrictive measures
Germany Prohibits Acquisition of Heyer Medical by Chinese Investor
On 27 April 2022, the German government blocked the acquisition of German medical products manufacturer Heyer Medical AG by the Chinese Aeonmed Group.
Germany Takes Over Control of German Gazprom Subsidiary by Using Unprecedented Measures Under Germany’s FDI Regime
On 4 April 2022, the German Federal Ministry of Economic Affairs and Climate Protection (Bundesministerium für Wirtschaft und Klimaschutz – “BMWK”) seized control over Gazprom Germania GmbH (“Gazprom Germany”) by implementing measures under the German FDI rules. The decision was
EU On Alert Towards Russian FDI
On April 6, 2022, the European Commission (“EC”) issued a communication calling for greater vigilance towards foreign direct investment (“FDI”) from Russia and Belarus, and guiding Member States on how best to screen and examine these investments going forward.[1]
Support for “Reverse CFIUS” Outbound Investment Screening Regime Grows
U.S. Secretary of Commerce Gina Raimondo recently expressed support for a screening regime to review outbound investments.[1] This, as well as similar statements from the White House and the passage of legislation calling for such a process earlier