Blog

http://internationaltrade.foxrothschild.com/

The laws and regulations governing international trade are especially complex and can be overwhelming for companies doing business across national borders. The rapidly expanding global marketplace, however, has made compliance more important than ever. Failure to heed these laws can have serious and lasting consequences as dire as criminal charges against the company and individual employees. The International Trade Law Compass blog offers a steady stream of updates on a broad range of international trade issues, including import/export compliance, U.S. sanctions programs, trends in cross-border contracts as well as significant criminal prosecutions and civil litigation.

Recent Blog Posts

  • ITC Bars German Table Saws Which Infringe US Safety Patents The International Trade Commission (ITC) issued an order on January 27, 2017,  barring the import table saws produced by German tool manufacturer, Robert Bosch GmbH (“Bosch”). The ITC determined that the components of Bosch’s REAXX safety technology infringed the two patents held by US-based SawStop LLC (“SawStop”).  As described in a press release at the outset of the ITC’s investigation, both the saws produced by SawStop and by Bosch contain active injury mitigation technologies which are able to detect when... More
  • Sen. Sessions Says That He Will Enforce FCPA If Confirmed As US Attorney General In written responses released earlier this week, Senator Jeff Sessions of Alabama reaffirmed that he will enforce the Foreign Corrupt Practices Act and the International Anti-Bribery Act of 1988 if he is confirmed as US Attorney General.  Sen. Sessions was responding to the questions of Sen. Sheldon Whitehouse (D-RI), and others, following Sen. Session’s nomination hearing before the Senate Judiciary Committee.  Sen. Whitehouse’s question focused on a comment by President Trump during a 2012 interview in which President Trump referred to the FCPA as a... More
  • $3.5 Billion Fine Part of Guilty Plea in “Largest Foreign Bribery Case in History” Earlier today, the Department of Justice announced that construction conglomerate Odebrecht SA and its affiliate Braskem SA have pleaded guilty to their maintenance of an elaborate bribery scheme which paid out approximately $788 million in bribes to government officials around the world since 2001. To facilitate its massive bribery scheme, Odebrecht established its “Division of Structured Operations,” which federal prosecutors dubbed the “Department of Bribery.” The Division of Structured Operations operated on its own floor and used its own communication and computer networks.... More
  • Report Ranks Countries Prone to Bribery In a recently released report, TRACE International, an international anti-bribery business association, ranked 199 countries based on the risk of encountering bribery within the country’s public sector. Go to Interactive Map (credit: TRACE International) The TRACE Matrix’s rating are based on four core domains: business interactions with government, anti-bribery laws and enforcement, government transparency, and capacity for civil oversight.  As part of the part of the business interactions with government domain, the report examines the extent to which business must interact with... More
  • FCPA Enforcement Actions on Breakneck Pace in 2016 In a pair of recent articles (available here and here), practitioners have been crunching the numbers, and 2016 is on near-record pace for Foreign Corrupt Practices Act (FCPA) enforcement action dispositions.  Through October, 2016 has seen 39 FCPA enforcement actions resolved, a pace that would have government agencies end the year with 48-plus dispositions and would be second only to the 72 dispositions in 2010.  Even if the number of enforcement action dispositions stays at 39, 2016 would still have... More
  • The FCPA Pilot Program at Six Months: What Has It Meant for Business of All Sizes In an recent article on Law360, Robert W. Kent, Jr. looked at lessons to be learned from the first six months of the Department of Justice’s Foreign Corrupt Practices Act (FCPA) Pilot Program. Announced in April 2016, the year-long pilot program is designed to up the ante for companies during FCPA investigations by offering sentencing reductions or declinations (with disgorgement of all profits from the alleged misconduct) to companies that voluntarily disclose misconduct and cooperate fully while ostensibly restricting any... More
  • Seed Company Settles Claims with OFAC in “Egregious Case” On September 13, 2016, the Department of Treasury’s Office of Foreign Assets Control (“OFAC”) announced a $4.3 million settlement with international seed producer and exporter PanAmerican Seed Company (“PanAm Seed”). In its official statement regarding the enforcement action, OFAC alleges that PanAm Seed faced statutory and civil penalties in the amount of $12 million for “egregious” violations of US sanctions against Iran. OFAC alleges that between May 2009 and May 2012, PanAm Seed repeatedly violated US export controls by exporting... More
  • SEC Order Offers Glimpse into AstraZeneca FCPA Settlement UK-Based biopharmaceutical company AstraZeneca agreed to pay the U.S. Securities and Exchange Commission (SEC) $5.5 million to settle claims that its Chinese and Russian subsidiaries had made improper payments to state-controlled health care providers in violation of the Foreign Corrupt Practices Act (FCPA). In an order released earlier this week, the SEC outlined both the claims against AstraZeneca and the company’s cooperative and remedial efforts which were taken into account as part of the settlement. Between 2007 and 2010 in China, sales... More
  • FCPA Pilot Program: Is Voluntary Self-Disclosure the New Key to Mitigating Corporate Liability? Earlier this year, the US Department of Justice announced a one-year pilot program under which US corporations could mitigate their own liability for violations of the Foreign Corrupt Practices Act (FCPA) by voluntarily self-disclosing FCPA violations within their organization, in addition to fully cooperating with DOJ investigations and taking steps to remediate any misconduct. Skeptics, however, wondered if and when evidence that voluntary self-disclosure was impacting FCPA prosecutions would ever come to light. The DOJ’s decision not to pursue charges... More
  • $99 Million Fine Agreed to in International Shipping Price-Fixing Investigation Earlier this week, the Department of Justice (DOJ) announced that Norwegian Shipping company Wallenius Wilhelmsen Logistics AS (WWL) has agreed to pay a $98.9 million fine for its role in a price-fixing scheme with other international shipping companies that lasted more than a decade. As part of an ongoing anti-trust investigation, WWL is the fourth shipping company charged in a conspiracy to control prices for the shipment of roll-on, roll-off cargo in and out of the Port of Baltimore and other... More