FCC Industry Analysis

State and Education Depts. Partner on Foreign Gift Reporting

The U.S. Department of Education and the U.S. Department of State have formed a partnership to jointly oversee Section 117 foreign gift and contract reporting requirements for higher education institutions. This collaboration aims to streamline oversight and enhance transparency regarding foreign influence in academia.

Supreme Court Invalidates IEEPA Tariffs; President Rescinds

The Supreme Court ruled that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. Following this decision, President Trump issued an Executive Order rescinding existing IEEPA tariffs and directing agencies to terminate their collection. Businesses are advised to review contracts and plan for potential future tariffs.

Trump Ends IEEPA Tariffs, Imposes New Trade Act Tariffs

President Trump ended tariffs imposed under IEEPA and initiated new tariffs under Section 122 of the Trade Act of 1974, set at 15% and lasting 150 days. The USTR also announced new Section 301 investigations targeting major trading partners. These changes took effect February 20, 2026.

DOJ Announces New Trade Fraud Enforcement Initiative

The US Department of Justice has announced a new Trade Fraud Task Force and initiative, elevating trade fraud enforcement to a national and economic security priority. This signals increased scrutiny and criminal enforcement actions against companies involved in customs violations, tariff evasion, and forced labor.

China's 2025 Arbitration Law Effective

China's amended Arbitration Law, effective March 1, 2026, introduces significant reforms to its arbitration framework. Key changes include codifying the arbitration seat, expanding foreign-related arbitration access, strengthening court support for interim relief, and allowing limited ad hoc arbitration. International companies doing business with China should review their dispute resolution clauses.

In-Transit Freight Financing for Working Capital

This article discusses in-transit freight financing, a method for businesses to convert goods in transit into financeable assets to unlock working capital. It highlights how this strategy can help companies manage cash flow disruptions caused by unpredictable global supply chains and recommends partnering with experienced lenders.

FinCEN and OFAC Intensify Efforts Targeting Mexican Cartel Money Laundering

FinCEN and OFAC are intensifying efforts against Mexican cartel money laundering, targeting over 100 US Money Services Businesses (MSBs) along the southwest border. Recent actions include sanctions against individuals and entities linked to the Hysa Organized Crime Group and proposed rulemaking to identify certain Mexican gambling transactions as primary money laundering concerns.

UK Securitisation Proposals Diverge from EU Position

The UK's Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) have released consultation papers proposing reforms to the UK securitisation framework. These proposals aim to liberalise due diligence obligations and align with international, particularly US, market practices, diverging from the EU's approach.

SEC Adopts Final Rules for Holding Foreign Insiders Accountable Act

The SEC has adopted final rules implementing the Holding Foreign Insiders Accountable Act. These rules require directors and officers of foreign private issuers to electronically disclose their equity holdings and transactions in their company's securities starting March 18, 2026.

IRS Guidance on Prohibited Foreign Entity Safe Harbors for Clean Energy Tax Credits

The IRS and Treasury released Notice 2026-15 providing interim guidance on calculating material assistance from prohibited foreign entities for clean energy tax credits under Sections 45Y, 48E, and 45X. The notice outlines a four-step process for determining the Material Assistance Cost Ratio (MACR) and offers certain safe harbors.