Trade & Sanctions

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.

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.

EU Commission Publishes Foreign Subsidies Regulation Guidelines

The European Commission has published new guidelines on the application of the Foreign Subsidies Regulation (FSR). These guidelines clarify criteria for assessing distortive foreign subsidies, outline a balancing test for negative versus positive effects, and detail the Commission's power to request prior notification of below-threshold cases.

Greece Enacts New Law to Combat Art Forgery and Protect Cultural Heritage

Greece has enacted Law No. 5271/2026, establishing a new legal framework to combat art forgery and protect cultural items. The law introduces autonomous criminal offenses for forgery and damage to artworks, alongside stricter penalties and a new register for certified art experts. This aims to enhance the protection of the art market and cultural heritage.

China's Cross-Border Data Transfer Regime Enforcement Trends

China's Cyberspace Administration has released two enforcement cases from 2025 concerning violations of cross-border data transfer requirements. These cases, involving hotel and property management sectors, highlight the increasing focus on compliance with the country's data export regulations.

Florida AG Creates Unit to Combat Foreign Adversary Threats

Florida Attorney General James Uthmeier announced the creation of the CHINA Prevention Unit to combat threats from foreign adversaries, particularly the Chinese Communist Party, to consumer data privacy and economic security. The unit will audit companies and pursue enforcement actions for violations.

EU Scales Back ESG Reporting and Due Diligence Rules

The EU has published amendments to the Corporate Sustainability Reporting Directive (CSRD) and Corporate Sustainability Due Diligence Directive (CS3D) via the Omnibus Directive EU 2026/470. These changes significantly reduce the scope of reporting and due diligence requirements for companies operating in the EU, including higher thresholds and adjusted compliance timelines.

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.