MassPoint Legal and Strategy Advisory PLLC -Strategic legal counsel

Dear Readers:

Welcome to this first compilation of recent and topical MassPoint publications and news. Here, rapidly evolving legal and policy issues that cut across industries, legal areas, and geographies are showcased from sanctions to the regulation of foreign access to U.S. technology to critical minerals essential the production of consumer electronics, medical devices, and defense articles.

As always, I welcome comments and questions from clients, colleagues, and other readers of my publications whose interest is received with appreciation. 

Happy reading!

 

Hdeel Abdelhady
Principal
MassPoint Legal and Strategy Advisory PLLC

habdelhady@masspointpllc.com │ +1.202.630.2512 

 

SANCTIONS
July 16, 2019
OFAC's Expanded Sanctions Reporting Rules: Analysis and Public Comment
On June 21, the Office of Foreign Assets Control (OFAC) issued an interim final rule (IFR) substantially revising sanctions reporting regulations. The most significant amendment was to OFAC’s rejected transactions…
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May 26, 2019
Hdeel Abdelhady on NPR: United States Ratchets Up Iran and North Korea Sanctions
MassPoint's Hdeel Abdelhady spoke with NPR about the ratcheting up of U.S. sanctions, secondary sanctions, and the potential consequences of sanctions overuse. To learn more about the mechanics of U.S.…
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May 2, 2019
Trade-Based Debt is Subject to Russia Sectoral Sanctions Prohibitions (Haverly Systems)
The Haverly case is instructive as it clarifies OFAC’s position, with respect to Haverly and likely more broadly, as to the meaning of “debt” under Directive 2, which prohibits, by…
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Explore Topic: Sanctions I Iran Sanctions I National Security Law

U.S.-CHINA LAW & POLICY: TECHNOLOGY
August 1, 2019
New Tariffs: Potential Relevance for Huawei, Export Controls
The September 1 tariffs effective date is close in time to the expiration of the Temporary General License partially easing restrictions on Huawei. The state of U.S.-China trade talks around…
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July 8, 2019
Huawei: Post-G20 Rundown of Legal Issues in Context
After talks with China’s president at the G20 summit in Japan, President Trump announced on June 29 that “he would allow” U.S. companies to continue to sell “product” to Huawei.…
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June 16, 2019
Foreign Investment, National Security, and Personal Data: Grindr’s Perfect Storm
Is a dating app a national security asset? Yes, in some cases. Foreign investment in U.S. businesses that collect and maintain U.S. citizens’ sensitive personal data is subject to national…
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Explore Topic: Foreign Investment in the United States I National Security Law I TechWar

ESSENTIAL RESOURCES: TECHNOLOGY
June 2, 2019
China's Rare Earth Exports: End Use and End User Controls Coming?
China might take a targeted approach to any restrictions on rare earth elements that echoes, or effectively duplicates, the approach of the United States, which is to control exports based…
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January 26, 2019
Infographic: U.S.-China Trade and Policy Issues
This graphic depicts key issues between the United States and China, as identified by the United States as of January 26, 2019. This is not an exhaustive depiction, but captures…
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Explore Topic: Critical Minerals

FEATURED EDUCATIONAL CONTENT
Critical Minerals Focus
In January, MassPoint and the American Bar Association hosted a program on the U.S. and international legal, policy, and commercial developments involving U.S.-designated "critical minerals.” Hdeel Abdelhady developed and organized the program and served as a speaker and moderator. Dr. Roderick Eggert of the Colorado School of Mines and Jared Wessel of Hogan Lovells contributed their expertise to the multi-faceted program. As the U.S.-China trade war has recently heightened interest in critical minerals, particularly rare earths, other interested parties will find this program useful for understanding developments in context.

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MASSPOINT NEWS, IN THE NEWS...
July 29, 2019
Hdeel Abdelhady Talked to Reuters About the CFTC's Anti-Corruption Push
Ms. Abdelhady addressed how the CFTC's current investigation of Glencore and its broader anti-corruption plans might fit with the Trump Administration's wider anti-corruption strategy targeting the extractives industry globally, as…
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July 28, 2019
Global Payments: Hdeel Abdelhady on a Russia-led Non-Dollar Payments System
Hdeel Abdelhady shared her insights with PaymentsSource on a Russia-led effort to build a non-U.S. dollar payments system, to insulate against U.S. sanctions and U.S. control more broadly. Ms. Abdelhady…
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July 22, 2019
Hdeel Abdelhady Named American Bar Foundation Fellow
Hdeel Abdelhady has been named a Fellow of the American Bar Foundation, a “global honorary society of attorneys, judges, law faculty, and legal scholars. Membership in the Fellows is limited…
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June 14, 2019
Hdeel Abdelhady Appointed to ABA Task Force on Gatekeeper Regulation and the Profession
MassPoint's Hdeel Abdelhady has been appointed to the American Bar Association's Task Force on Gatekeeper Regulation and the Profession.
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EVENTS: FARA FOCUS
The Foreign Agents Registration Act's Post-Mueller Relevance and Reach
FARA is becoming increasingly relevant to businesses, nonprofit organizations, academic institutions, and others. Hdeel Abdelhady will co-present a webinar on FARA's expanded relevance and reach after the Mueller investigation.

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Understanding and Ensuring Compliance with FARA
Hdeel Abdelhady is scheduled to speak on the Foreign Agents Registration Act at the ABA Business Law Section's Annual Meeting in Washington, D.C.

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ABOUT MASSPOINT
Strategic Legal Counsel
MassPoint meets clients’ undeserved needs for attorneys who understand that one size does not fit all, and that legal, policy, and business issues do not fit neatly into “practice area” and jurisdictional boxes. With cross-practice training, multi-jurisdictional experience, and skill working with diverse clients, Hdeel Abdelhady works above siloes to help clients identify and manage current and emerging challenges and opportunities in a rapidly changing world.

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MassPoint Legal and Strategy Advisory PLLC
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