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Be wary of facilitation by US persons following JCPOA implementation

The changes made by the United States to its sanctions against Iran on Implementation Day resulted in the lifting of most of the secondary sanctions imposed on non-US parties engaging in transactions with Iran or designated parties associated with Iran.  Implementation Day also yielded a general license that authorizes transactions by non-US subsidiaries of US persons involving Iran and the… Keep Reading

Trade controls and M&A: how to preserve the value of your transaction?

The substantial risk associated with the expansion and enhanced enforcement of trade controls has a direct impact on due diligence in cross-border M&A transactions Non-compliance by the target with international trade laws and regulations may not only have a material adverse impact on the value of the transaction, it may also trigger the vendor and even buyer’s liability, and affect… Keep Reading

Snapback and the potential for re-imposing the sanctions against Iran

Among the provisions of the Joint Comprehensive Plan of Action (JCPOA), one that has been touted by the United States as a key provision and which received much attention is the “snapback” provision. Set forth in Article 37 of the JCPOA, the snapback provision is part of the dispute resolution mechanism set forth in the document. It provides the basis… Keep Reading

The struggle of financial institutions in dealing with financial sanctions

Adopted in order to pursue foreign policy objectives, financial sanctions have become a source of increasing difficulty for financial institutions over the past few years. The ever growing number of applicable regimes tied to the international agenda is now also coupled with tighter enforcement measures. The opening on 31 March 2016, of the Office of Financial Sanctions Implementation (OFSI) in… Keep Reading

Is BEA Form BE-13 on your Post-Closing Checklist?

Even US companies sometimes have trouble keeping track of all of the reports and other requirements imposed by the US government.  For non-US companies, the challenge to identify all relevant requirements is no doubt even greater.  By Susan Kovarovics, 7 June 2016. Although you may be aware of the “voluntary” filing requirements for certain foreign investment in the United States… Keep Reading

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