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Trade & Procurement
Recent changes
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.
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.
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.
USTR Seeks Input on Critical Minerals Trade Agreement
The Office of the United States Trade Representative (USTR) has opened a public docket to gather stakeholder input for a proposed "Plurilateral Agreement on Trade in Critical Minerals." This initiative aims to establish multinational policies for critical minerals supply chains, potentially including pricing mechanisms and investment incentives, following President Trump's Section 232 Proclamation.
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.
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.
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.
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.
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.
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