(a) Xinjiang:The central provision is section 3a, which creates a rebuttable presumption that all articles (goods, merchandise and wares) from Xinjiang are made with forced labor. (b) Listed entity:In accordance with section 2(d)(2)(B), the Forced Labor Enforcement Task Force (established under section 741 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. a well-founded reason, based on objective and verifiable information) to suspect that products were likely made with forced labor. ConclusionAs shown above, the US and the EU have taken different approaches on trade policy and laws aimed at eliminating forced labor. The Chinese response to these laws has resulted in Chinese laws that are burdensome for Chinese companies and which will place foreign companies doing business in China or with Chinese companies in a legal and business dilemma.
Prior to the advent of Marcellus Shale drilling, "free gas" clauses were common in many oil and gas leases across Pennsylvania. (February 17, 2012) Frequently, this “free gas” allowance contemplated in a “free gas” clause is between 150,000 cubic feet and 300,000 cubic feet per year. An obvious concern associated with such “free gas” allowances is what happens if the landowner uses more than the allotment of “free gas” authorized by the lease. Ct. 2003).Many “free gas” clauses (also known as “house gas” clauses) stipulate that users are charged for this “overburn” gas. In the Marcellus Shale era, "free gas" clauses have fallen to the wayside, with drillers offering a payment in lieu of a "free gas" allowance, if anything.1 month ago JD Supra
On February 7, 2023, the Securities and Exchange Commission’s (the “ SEC ”) Division of Examinations (the “ Division ”) published its examination priorities for the upcoming year. Most relevant for RIAs is the new Advisers Act Rule 206(4)-1 (the “ Marketing Rule ”), compliance with which became mandatory on November 4, 2022. Examinations will focus on whether RIAs have adopted and implemented written policies and procedures reasonably designed to prevent violations of the Marketing Rule. Information Security and Operational ResiliencyThe Division will examine RIA’s cybersecurity policies and procedures, including the RIA’s compliance with Regulations S-P and S-ID, where applicable. RIAs should review their current compliance policies and procedures, as well as any private fund documents and disclosures to ensure compliance with all relevant statutory and/or regulatory requirements.1 month ago JD Supra
The National Institutes of Health (NIH) announced a public meeting of the Frederick National Laboratory Advisory Committee (FNLAC). March 16, 2023: AHRQ announced a public meeting hosted by the AHRQ Center for Quality Improvement and Patient Safety (CQuIPS). AHRQ announced a public meeting hosted by the AHRQ Center for Quality Improvement and Patient Safety (CQuIPS). April 19, 2023: FDA announced a public meeting of the Anesthetic and Analgesic Drug Products Advisory Committee (AADPAC). At the beginning of the COVID-19 pandemic, the COVID-19 public health emergency (PHE) was declared under the Public Health Service Act (PHSA) and a national emergency declaration was made under the National Emergencies Act (NEA).1 month ago JD Supra
With no comprehensive federal data privacy law in effect, the laws governing the privacy of US employees has largely been left to the states. In recent years, US states have increasingly adopted more comprehensive data privacy rules governing the collection and use of employee personal information. The Federal Trade Commission (FTC) likewise regulates employers who act unfairly as it relates to the security of employee data. New Data Privacy RightsPerhaps the biggest shift in employee privacy rights is represented in the CCPA – a comprehensive data privacy law that applies to California residents who are job applicants, employees, or contractors. Although additional states such as Virginia, Colorado, Utah, and Connecticut have likewise adopted comprehensive data privacy laws, they have not extended such laws in the employment context.1 month ago JD Supra
RECENT LOBBYING, ETHICS & CAMPAIGN FINANCE UPDATESWe read the news, cut through the noise and provide you the notes. Welcome to Compliance Notes from Nossaman’s Government Relations & Regulation Group – a periodic digest of the headlines, statutory and regulatory changes and court cases involving campaign finance, lobbying compliance, election law and government ethics issues at the federal, state and local level. Please enjoy this installment of Compliance Notes. Campaign Finance & Lobbying ComplianceRecently, there has been a substantial increase in criminals targeting corporate PACs, national trade associate committees and campaigns, costing victims more than one million dollars. The OLCC said this violated several state laws, including one prohibiting public officials from using confidential information for personal gain.1 month ago JD Supra
Unlike the price cap for Russian crude oil, there are two price caps for Russian petroleum products: the “Discount to Crude” cap and the “Premium to Crude” cap. OFAC will view the billing of commercially unreasonable shipping, freight, customs, or insurance costs as a sign of potential evasion of the price cap. OFAC will not consider petroleum products to be of Russian Federation origin, solely because such articles contain a de minimis amount of petroleum products left over from a container or tanker. For purposes of the Petroleum Products Determination, “petroleum products” mean articles defined at Harmonized Tariff Schedule of the United States (“HTSUS”) heading 2710. Articles subject to the Discount to Crude price cap include naphtha, residual fuel oil, and waste oils.1 month ago JD Supra
The regulations describe specific types of eligible pollution control equipment for air, water, and soil. The Texas Property Assessed Clean Energy Act (PACE Act) creates a second program of special interest to industrial developers. The PACE Act policy is to facilitate environmentally sustainable design and retrofitting of energy and water systems serving eligible projects. The PACE Act is an enabling statute, only. Availability in any particular municipality or county depends on adoption of the PACE program by the city’s or county’s governing authority.1 month ago JD Supra