U.S. Sanctions Fly Baghdad
Fly Baghdad, CEO, and Aircraft as "Specially Designated Global Terrorists" Author: Hdeel Abdelhady The United States sanctioned Fly Baghdad, a privately owned commercial airline based in Iraq. The sanctions designation…
China Restricts Rare Earths Exports
China Restricts Exports of Rare Earths Processing Tech Author: Hdeel Abdelhady Once again, China appears to take a page from the U.S. export controls playbook amidst the ongoing U.S.-China tech…
Russia Sanctions in Response to Invasion of Ukraine
The United States and its allies have unleashed a barrage of sanctions on Russia, in response to the invasion of Ukraine. Here, we discuss some of the blocking and non-blocking sanctions imposed on VTB, VEB, the Russian Direct Investment Fund, and Russia's Central bank.
New U.S. Law Targets China’s Financial Diplomacy, Belt & Road Initiative, World Bank Borrowing
With the passage of the NDAA for FY 2021, we are reminded that the United States views as an issue of “great power competition” China’s financial and infrastructure diplomacy, particularly China’s lending to developing nations and its Belt and Road Initiative (BRI). Congress provided a reminder of the United States’ concerns as to China’s cross-border lending and the BRI. The massive annual defense spending legislation includes two provisions directly on point.
Post-2020 Election Outlook: 5 Issues to Keep Watching
After the 2016 Presidential election, MassPoint PLLC published five issues to watch in 2017 (and beyond). We revisit our predictions on the five issues, which we expect to remain watch-worthy under the Biden Administration.
U.S. Targets Chinese Belt & Road Project With Global Magnitsky Sanctions
The Treasury Department’s announcement of the sanctions speaks to the foreign policy and geostrategic significance of the UDG sanctions action. The release speaks of China’s “malign” investment in Cambodia, its use of the UDG projects in Cambodia to “advance ambitions to project power globally,” “disproportionality benefit” itself through BRI projects, and concerns that the Dara Kakor project “could be converted to “host military assets.” The Treasury Department’s language echoes U.S. concerns about the BRI and other Chinese international project financing activities, including that China engages in “debt trap” financing.
TikTok: China’s Export Controls Set in Motion Unprecedented Legal Scenario
On August 14, President Trump ordered ByteDance to divest its assets and interests in TikTok. What happens if ByteDance does not comply? The question may seem academic, given historical compliance with divestment orders and ByteDance’s talks with U.S. companies about TikTok’s sale. But a recent legal move by China—its expansion of a list of technologies that require government approval for export, including apparently in a sale of TikTok—renders real the issue of non-compliance with the August 14 divestment order, and potentially raises unprecedented issues.
OFAC Expands Reporting Requirements
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 reporting rule, which now, for the first time, applies not just to U.S. financial institutions, but also to U.S. businesses, nonprofits, and individuals. The rule also appears to apply to foreign entities owned or controlled by U.S. persons. Public comments on the IFR are due by July 22, 2019.
Sovereign Wealth Funds: Governance & Risk for SWFs and Companies They Fund
Private companies that receive SWF and SOE investment, as well as the investors who arrange or co-invest with state-linked firms, should, when screening investments and assessing nonfinancial risk before and after the point of investment (and when additional investment is under consideration), the quality and risk inherent in the corporate structure and governance, as well as the business conduct controls of SWFs and SOEs, may affect them in the near- to longer term. In doing so, they should take a lesson from the PIF situation, post-Khashoggi.