On December 23, 2020, the Commerce Department’s Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR), in further implementation of Executive Order 13936 (EO 13936), to remove provisions that provide differential and preferential treatment for exports, reexports, and transfers of items to Hong Kong as compared to China. As a result…
Over the past two weeks, the Office of Foreign Assets Control (“OFAC”) published a series of FAQs related to Executive…
Vietnam’s automotive industry has experienced steady progress in recent years. With Vietnam having a population of nearly 100 million and a sustainable economy, this growth trend is expected to continue.
The development of Vietnam’s automotive industry remains one of the government’s main focuses, with new laws and policies to promote the development of this industry.
Baker McKenzie’s new publication, Tax, Customs and Regulatory Aspects of Vietnam’s Automobile Industry, aims to provide an initial view of key legal aspects that affect Vietnam’s automobile industry.
The Hong Kong Securities and Futures Commission (SFC) recently released additional guidance on external electronic data storage in the form of frequently asked questions (FAQs)1, which elaborate on the requirements for using external electronic data storage providers (EDSPs) under the SFC’s 31 October 2019 circular (“EDSP Circular”)2. The FAQs provide further guidance on the following key aspects: (i) key personnel requirements for the purpose of the EDSP Circular; (ii) the application of the EDSP Circular where electronic regulatory records are kept with affiliates; and (iii) the use of undertakings by designated Manager(s)-in-Charge (MIC(s)) / Responsible Officer (RO) (“MIC/RO Undertaking”) as acceptable alternatives to the undertakings provided by the EDSPs (“EDSP Undertaking”). We discuss the implications in these areas further below. The SFC has also made consequential changes to its Frequently Asked Questions on premises for business and record keeping3.
On 22 October 2020, the Minister of Health (MOH) issued MOH Regulation No. 28 of 2020 on the Procurement of Vaccines for Corona Virus Disease 2019 (“COVID-19”) (“MOH Regulation 28”). MOH Regulation 28 is an implementing regulation of the Presidential Regulation No. 99 on the Procurement of COVID-19 Vaccine and Vaccination of COVID-19 (“PR 99”). We have addressed some of the key takeaways under PR 99 in our previous client alert. You can find the link to the client alert here.
MOH Regulation 28 regulates on four main themes of COVID-19 vaccine procurement: (i) types and amount of vaccine for procurement, (ii) procedure for procurement of vaccines, (iii) procedure for payment for vaccines and (iv) guidance and supervision on the procurement of vaccines.
As stipulated under PR 99, MOH has appointed PT Bio Farma (Persero) (“Bio Farma”) as the state-owned enterprise that will lead the procurement and distribution of COVID-19 vaccine in Indonesia. MOH Regulation 28 applies for all COVID-19 vaccines yet to come, not limited to the one that is being developed under the partnership between Government of Indonesia (GOI) (i.e., through Bio Farma) and Sinovac.
Following the growing viability of meat substitutes such as plant-based meats and cultured meats, the Singapore Food Agency (SFA) has released an updated document detailing its requirements regarding the safety assessment of novel foods (“Safety Assessment Requirements”). This document is expected to be revised periodically as the novel food space evolves to facilitate industry safety assessments and maintain food safety standards.
In an advisory released on November 25 2020, the Singapore Medical Council (SMC) strongly cautioned medical practitioners against participating in online search engine optimisation platforms that make use of patient and feedback ratings, or buying packages from the same for the purpose of obtaining patient testimonials. Doing so may be construed as making or expressly agreeing to the use of patient testimonials in their advertising, in contravention of provisions under SMC’s Ethical Code and Ethical Guidelines (ECEG) and the Handbook of Medical Ethics (“Handbook”).
On 20 November 2020, the Personal Data Protection Commission (PDPC) issued the draft Advisory Guidelines on Key Provisions of the Personal Data Protection (Amendment) Bill (“Guidelines”).
We had summarized in our previous client alerts the changes proposed during the public consultation (“Consultation Paper”) on the Personal Data Protection (Amendment) Bill (“Bill”), as well as the salient differences between the Consultation Paper and the Bill that was introduced and read in the Singapore Parliament on 5 October 2020. The Bill has since been passed by Parliament on 2 November 2020 (“Act”).
For this client alert, we will focus on a few pertinent points that have been highlighted in the Guidelines.
Up to now, there was not a clear position on the obligations (including registration obligation) for offshore or foreign private electronic system operators (“ESOs”).
This has changed with the recent issuance of Minister of Communication and Informatics (“MOCI”) Regulation No. 5 of 2020 on Private Electronic System Operators (“MOCI Regulation 5”), which clarifies registration requirements and other obligations for foreign private ESOs.
MOCI Regulation 5 is an implementing regulation of Government Regulation No. 71 of 2019 on the Implementation of Electronic Transactions and Systems (“GR 71”). The regulation became effective on 24 November (but it was only published on the MOCI’s website on 2 December).
There is a six-month transitional period under the regulation, but this is only applicable for the requirement for private ESOs to register with the MOCI.
A new global paradigm for global climate action
President Elect Joseph R. Biden comes to office with what has, correctly, been called a “transformational” plan for action to curb climate change and to cope with its unavoidable consequences.
The cornerstone of his policy1 — officially called the Biden Plan for a Clean Energy Revolution and Environmental Justice — is to recommit the United States to the Paris Agreement on climate change, and to set a target for the US to achieve net-zero carbon emissions by 2050. That target is generally accepted as being in line with the goals of the Paris Agreement on climate change which seeks to limit global climate heating to well below 2 degrees Celsius above pre-industrial levels, and ideally, to keep it closer to 1.5 degrees.2