JD Supra Trade Law

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.

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.

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.

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.

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.

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.

Russia/Ukraine Sanctions Update - February 2026

The U.S. OFAC issued an amended General License 131C extending certain transactions related to Lukoil International GmbH through April 1, 2026, and updated related FAQs. The EU also extended its sanctions against Russia until February 24, 2027, and added eight individuals to its sanctions list.

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.

Europe's Phaseout of Russian Gas by 2027 and Contractual Risks

Europe is mandating the phaseout of Russian gas imports by 2027, creating significant market and contractual risks for energy companies. The guidance outlines the policy shift, its impact on gas and LNG contracting, and strategies for managing increased contractual risk due to compressed timelines and geopolitical pressures.

Gulf Conflict Impacts Global Oil and LNG Markets

Vinson & Elkins LLP published a notice on March 2, 2026, detailing the potential impacts of the Gulf conflict on global oil and LNG markets. The analysis highlights how the duration and intensity of hostilities could affect crude prices, contractual performance, and supply chain stability for energy companies.