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Trade & Procurement
Recent changes
Ocean Carriers Add Fuel Surcharges Due to Middle East Disruptions
Major ocean carriers are implementing Emergency Fuel Surcharges (EFS) due to Middle East disruptions and increased routing costs. The U.S. Federal Maritime Commission (FMC) requires carriers to provide 30 days' notice for such surcharges, making enforceability dependent on proper filing and effective dates.
CIT and CBP Outline IEEPA Tariffs Recovery Process
The Court of International Trade (CIT) and U.S. Customs and Border Protection (CBP) are outlining a process for importers to recover unlawful IEEPA tariffs. This guidance suggests importers may not need to file protests on all entries immediately, potentially reducing recovery costs. Importers are advised to update their ACE accounts and prepare for potential protest filings.
Trump Administration Establishes $20B Reinsurance Facility for Persian Gulf Shipping
The Trump administration has established a $20 billion reinsurance facility through the U.S. International Development Finance Corporation (DFC) to support private insurers providing coverage for maritime shipping in the Persian Gulf. This initiative aims to reduce war risk premiums and ensure the free flow of energy commodities.
EC Consultation on Private Equity Exit Obstacles
The European Commission has launched a consultation seeking feedback on obstacles faced by private equity investors when exiting investments in EU private companies. The consultation aims to improve access to finance for EU start-ups and scale-ups and will inform potential future regulatory or policy actions.
Germany Updates Product Liability Law
Germany's Bundestag has begun reviewing a draft act to modernize its Product Liability Act, transposing an EU directive. The reform aims to update the law for digital products, AI, and global supply chains, with an expected entry into force by December 9, 2026.
ESMA Final Draft RTS on Margin Transparency and Clearing Costs
The European Securities and Markets Authority (ESMA) has published final draft Regulatory Technical Standards (RTS) on margin transparency requirements and clearing costs under EMIR 3. These drafts aim to improve transparency for clearing participants regarding margin calls and clearing fees.
Treasury Roadmap for Countering Illicit Finance in Digital Assets
The U.S. Department of the Treasury has released a report to Congress outlining innovative technologies to counter illicit finance involving digital assets, as required by the GENIUS Act. The report assesses risks and proposes a technology and policy roadmap, while recommending Congress enact legislation to clarify rules for digital asset service providers and traditional financial institutions.
FATF Report on Stablecoin and Unhosted Wallet Risks
The Financial Action Task Force (FATF) has released a report detailing risks associated with stablecoins and unhosted wallets for money laundering and terrorist financing. It provides recommendations and good practices for jurisdictions and the private sector to mitigate these risks.
UK Sanctions Update: Russia and Belarus
The UK government has amended its sanctions list under the Russia regime, with one entity remaining subject to an asset freeze and another being removed. Additionally, new guidance on licences for Belarus trade sanctions has been published, and an overview of 2025 Russia sanctions highlights potential future legislation targeting sanctions evasion.
Dennis M. Cloherty v. Commonwealth of Massachusetts - Civil Appeal
The Massachusetts Appeals Court affirmed the dismissal of Dennis M. Cloherty's pro se complaint against the Commonwealth of Massachusetts and others. The court found that the complaint, as twice amended, failed to articulate cognizable causes of action and that the plaintiff waived arguments by not addressing deficiencies in his brief.
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