Trade & Sanctions

Cross-Border ESI Transfers: Regulatory Challenges and AI Impact

This notice discusses the evolving regulatory challenges surrounding cross-border transfers of electronically stored information (ESI) for litigation. It highlights the complexities arising from data privacy laws, discovery obligations, and the impact of AI and cloud computing, with a panel discussion scheduled for March 11, 2026.

US and Mexico Coordinate Sanctions on Cartel Timeshare Fraud

The US Treasury's OFAC and Mexico's SHCP have coordinated sanctions against five individuals and 19 entities involved in timeshare fraud linked to the CJNG cartel. This action builds on previous designations and aims to combat cartel-linked financial crimes.

US Directs Dismantling of Criminal Cartels in Western Hemisphere

The US government has issued an executive order directing federal agencies to dismantle criminal cartels and transnational gangs operating in the Western Hemisphere. The order mandates coordination with allied governments, military training for partner nations, and the use of all legal authorities to counter cartel-driven violence and corruption.

OFAC 50 Percent Rule: Ownership Aggregation and Sanctions Compliance

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) has issued guidance clarifying its 50 Percent Rule. This rule treats entities owned 50 percent or more in aggregate by blocked persons as themselves blocked, regardless of whether they are individually listed. The guidance emphasizes the need for sophisticated beneficial ownership tracing beyond simple list screening.

EU Commission Proposes Industrial Accelerator Act

The European Commission has proposed the Industrial Accelerator Act (IAA) to bolster the EU's industrial base, aiming to increase manufacturing's GDP share to 20% by 2035. The act targets challenges like high energy costs and regulatory hurdles, seeking to enhance resilience and strategic autonomy.

SEC Adopts Section 16 Reporting Rules for Foreign Private Issuers

The SEC adopted final amendments requiring directors, officers, and 10% owners of foreign private issuers (FPIs) to file beneficial ownership reports on Forms 3, 4, and 5, effective March 18, 2026. The SEC also issued an order granting conditional exemptive relief for certain FPIs subject to substantially similar local reporting rules.

CIT Ruling on IEEPA Duties Impacts Importer Refunds

The U.S. Court of International Trade (CIT) issued an order in Atmus Filtration, Inc. v. United States directing CBP to liquidate entries without regard to IEEPA duties. This ruling impacts importers seeking refunds of tariffs previously imposed under IEEPA, following a Supreme Court decision.

Trade Court Orders $166 Billion Refund of IEEPA Duties

The U.S. Court of International Trade has ordered U.S. Customs and Border Protection to refund approximately $166 billion in duties paid by over 330,000 importers under unlawful tariffs imposed via IEEPA. This follows a Supreme Court ruling invalidating the tariffs.

BIS Fines Teledyne FLIR $1 Million for Export Violations

The Bureau of Industry and Security (BIS) has fined Teledyne FLIR $1 million for 19 violations of the Export Administration Regulations (EAR), including miscalculating de minimis rules for exports to China and unauthorized exports to an Entity List address. The company must pay the fine within 30 days or risk losing export privileges.

OECD Releases AI Due Diligence Guidance for Multinationals

The OECD has published new Due Diligence Guidance for Responsible AI, aimed at multinational enterprises involved in the AI value chain. This guidance complements existing OECD guidelines and aims to assist companies in implementing responsible AI practices and human rights policies.