I recently provided comments for an article in Law.com examining how foreign companies that are continuing to operate in Russia can continue to pay employees while world leaders are imposing economic sanctions making the transfer of funds into Russia difficult. Making the situation more tenuous is the possible retribution that companies or individual employees may face by the Russian government if the company ceases operations entirely.

“We’re trying to read the tea leaves of what the Russian government is most concerned about when they have threatened foreign companies that have halted operations or pulled out of Russia,” I explained in the article. “I’m just not that concerned that Russia thinks, ‘Oh, no, society is going to break down if people can’t buy Coca-Cola anymore.’ But they may be concerned that if Coca-Cola has … 10,000 employees in Russia, and all of a sudden those people are unemployed, that those people … are going to be a threat to social order.”

Continue Reading Impact of Economic Sanctions for Russian Companies and Employees

The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of April 6. This post supplements our previous summaries, which are available by following the links at the end of this blog post.

United States Issues Expansive Restrictions on Russian Entities, Expected to Ban New Investment

On April 1, the Commerce Department added 120 entities in Russia and Belarus to the Entity List based on their activities in the Russian and Belarusian defense, aerospace, maritime, and other strategic sectors. Of these entities, 95 are designated military end-users, which makes them subject to the Russia Military End-User Foreign Direct Product Rule (Russia-MEU FDP Rule). As discussed in a previous update, the Russia-MEU FDP Rule significantly broadens U.S. export jurisdiction over items made outside the United States using U.S.-origin technology.

Continue Reading Russia, Ukraine: Update as of April 6

The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of April 1. This post supplements our previous summaries, which are available by following the links at the end of this blog post.

Commerce Department Updates List of Tainted U.S.-Origin Aircraft

On March 30, the U.S. Commerce Department, Bureau of Industry & Security (BIS) issued a press release to update the restrictions and prohibitions it announced on March 18 pertaining to U.S.-origin aircraft operated in violation of the Export Administration Regulations (EAR). Please see our blog post here for more details on that March 18 notice.

Continue Reading Russia, Ukraine: Update as of April 1

I recently outlined the implications of the Department of Defense’s (DoD) new “enhanced debriefing rule” for government contractors that is intended to provide information and details about award decisions. However, as I explain in the article, “While this increased transparency was intended to discourage bid protests by sharing more information about award decisions, and some speculate that it will have that effect, in practice it gives contractors more information to bolster potential bid protest arguments and adds time to the extremely compressed schedule for filing protests at the Government Accountability Office (GAO).”

In the article, I explain the new requirements under the new rule for both the protestor and the DoD in debriefings about and in response to inquiries about award decisions. The final rule was published March 18.

The full article, “Defense Department Enhanced Debriefing Rights – More Time to Protest?” was published by Reuters on March 30 and is available online or in the PDF provided by the outlet.

The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes the evolving situation as of Thursday, March 31 concerning current U.S. sanctions and export restrictions related to Russia and Ukraine. This post supplements our previous analysis all of which are linked at the end of this blog post.

United States Targets Russian Sanctions Evaders in the Latest Round of Designations

On March 31, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced the designation of still more entities and individuals as it expands sanctions against Russia. These parties have been designated as Specially Designated Nationals (SDN); as a general matter, U.S. persons are prohibited from conducting any transaction with an SDN.

Continue Reading Russia, Ukraine: Update as of March 31

I am looking forward to presenting a panel titled “US Sanctions Update: Russia and Other Hot Topics” alongside Phil Smith of Booking.com on April 12, 2022.

The US government continues to aggressively implement and enforce economic sanctions. Russia is the current focal point, and has been the subject of an unprecedented, coordinated series of actions by the United States, the European Union, and other countries and groups. Navigating the Russian sanctions landscape requires understanding of both legal and practical challenges.

In fact, this is not much different than what is required to navigate sanctions related to any targeted country, entity, or individual. Using Russia as the centerpiece of the discussion, our panel will walk through current sanctions restrictions and pitfalls and the compliance best practices needed to protect against violations.

Registration details to come.

I will join a host of presenters including Josh Frank (RSM Federal), Thomas Mercer (US Army Corps of Engineers), JW Cole (Tennessee Valley Authority) and Veronica Clark (UT PTAC) for the West Tennessee Procurement Opportunities Virtual Conference on Wednesday, July 13, 2022. The virtual conference will take place from 9 A.M – 2 P.M CST and attendees will focus on the following:

  • Learn government contracting dos and don’ts.
  • Learn government contracting legal updates.
  • Learn how to map their value proposition.
  • Network with other small businesses.
  • Learn to pitch your business.

For more information and to register, please click here.

We are looking forward to presenting a training webinar titled, “Nuts and Bolts of Teaming Agreements” for the Maryland Procurement Technical Assistance Center (Maryland PTAC). In this one-hour webinar, you will get answers to questions such as:

  • Joint venture or subcontract?
  • Mentor/protégé?
  • Will my company still be eligible for a set aside if I team?
  • What terms do I need?

The webinar will be held on Wednesday, March 30, 2022 from 10:00 a.m. to 11:00 a.m. EDT. For more information and registration, please visit the Maryland PTAC website.

I am looking forward to joining Marc Latman and John McCarthy from SGR’s Aviation Team for another engaging webinar on Russian Sanctions for the Aviation sector. The webinar will take place on Thursday, March 31, 2022 from 8 A.M – 9 A.M PT / 11 A.M – 12 P.M. ET / 4 P.M – 5 P.M London and Dublin Time.

Through its March 18, 2022 press release, the U.S. Commerce Department, Bureau of Industry and Security (BIS) put the world on notice that it intends to vigorously administer the export restrictions it announced February 24 and again on March 2, 2022 related to aircraft and aviation-related items destined for Russia/Belarus. While the March 18 press release only lists 100 aircraft, it sets the stage for future listings that could cover a much larger number of aircraft and potentially aircraft engines. These restrictions could be applied to companies and individuals, regardless of nationality, anywhere in the world. Further, March 28, 2022 marks the end of the EU-mandated wind-down period for terminating existing aviation transactions with Russian airlines.

Continue Reading [WEBINAR] Live Follow-Up Q&A on Revisiting Russian Sanctions for the Aviation Sector Post-March 28

The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes the evolving situation as of Thursday, March 24 concerning current U.S. sanctions and export restrictions related to Russia and Ukraine. This post supplements our previous analysis all of which are linked at the end of this blog post.

United States Aligns with Allies, Sanctions Hundreds of Russian Lawmakers and Others

On March 24, President Biden announced that the United States will impose sanctions on “over 400 individuals and entities comprised of Russian elites, the Duma and more than 300 of its members, and defense companies.” In so doing, the United States aligns itself with the sanctions efforts of the European Union and G7 (which consists of Canada, Japan, and the UK along with several members of the EU). This continues the unprecedented multilateral effort to restrict trade with and involving Russia.

Continue Reading Russia, Ukraine: Update as of March 24