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In Tax

United States and Chile: Tax treaty approved by Senate, sent to President for ratification

by and 6 Mins Read

The United States tax treaty with Chile has finally been approved by the Senate, over a decade after its original signature on 4 February 2010.
On 22 June 2023, the Senate voted 95-2 to pass the resolution of advice and consent to ratification of the Convention Between the Government of the United States of America and the Government of the Republic of Chile for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital. The treaty now heads to the President for official ratification.

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In Product Regulation & Liability

United States: Complying with new cosmetic regulations under MoCRA (Part II)

by , and 8 Mins Read

In the first part of this series, A Legal Makeover Guide for Complying with New Cosmetic Regulations under the Modernization of Cosmetic Regulation Act of 2022 (MoCRA) Part I, we provided an overview of the new US Food and Drug Administration (FDA) ‘s regulatory requirements for cosmetics and their implementation deadlines. In this second part, we will delve into the details and look at the good manufacturing practices regulations the FDA plans to establish for cosmetic products.

In Tax

United States: OIRA and Treasury finally end 40-year “it’s complicated” relationship

by and 10 Mins Read

On 9 June 2023, the White House released a memorandum of agreement between the Treasury Department and the Office of Management and Budget, which clarifies that tax regulations will not be subject to review by the Office of Information and Regulatory Affairs and, in doing so, supersedes and essentially reverses a 2018 memorandum of agreement from the Trump administration.

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In Data Privacy

United States: Colorado Privacy Act Enforcement Update

by and 2 Mins Read

The Colorado Privacy Act has been enforceable since 1 July 2023. Just as the California Attorney General has done through several sweeps, the Colorado Attorney General, Phil Weiser, has announced through letters sent to business that enforcement of the Colorado Privacy Act has begun.
The initial round of letters are meant to educate businesses on their new obligations, with particular emphasis on the collection and use of sensitive data and related prior consent requirement as well as the obligation to allow consumers to opt out of targeted advertising and profiling.

In Sanctions

United States: BIS issues guidance for license applications for medical-related items for Russia, Belarus and occupied/covered regions of Ukraine

by and 1 Min Read

Baker McKenzie’s Sanctions Blog published the alert titled BIS Issues Best Practices for License Applications for Medical-related Items for Russia, Belarus, and Occupied/Covered Regions of Ukraine on 19 July 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.

In ESG

United States: SEC urges Chinese companies to report ties to Uyghurs and other Muslim minorities

by 2 Mins Read

On 17 July 2023, the US Securities and Exchange Commission (SEC) urged Chinese companies to disclose certain business links they may have to Uyghurs and other Muslim minorities. The companies may face compliance risk and supply chain disruptions if they operate in the Xinjiang region of China or do business with companies that operate in the area known for its Uyghur population, the SEC said in new guidance. The Uyghur Forced Labor Prevention Act, which President Biden signed into law in 2021, blocks imports from the region unless a company can prove the products were made without forced labor.

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In Antitrust / Competition

United States: DOJ and FTC propose new merger guidelines

by , and 2 Mins Read

On 19 July 2023, the Department of Justice’s Antitrust Division (DOJ) and the Federal Trade Commission (FTC) jointly released new draft merger guidelines for public comment. The guidelines are intended to explain how the DOJ and FTC will assess whether future mergers and acquisitions may violate US antitrust law. These guidelines represent another step in the Biden Administration’s effort to increase aggressive merger enforcement.

In Data Privacy

United States: My Health My Data – Exceptions and exemptions examined

by 8 Mins Read

With the new Washington state My Health My Data Act, you may wonder if any exceptions or exemptions apply to your organization. As a reminder, the definition of consumer health data is broad: “personal information that is linked or reasonably linkable to a consumer and that identifies the consumer’s past, present, or future physical or mental health status.” Outside of the broad exclusion of employment context data, the My Health My Data Act’s list of exceptions and exemptions is long but is focused mainly on specific medical and health care contexts where health data is more narrowly defined or otherwise another specific law applying to processing of the data.

In Data Privacy

United States: New health data protections in the Connecticut Data Privacy Act

by 3 Mins Read

The Connecticut Data Privacy Act is operative since 1 July 2023, and so are certain amendments that were signed into law as recently as 26 June 2023. The amendments focus on protecting consumer health data and protecting minors, with additional consumer health data protections already operative but with some obligations related to minors becoming operative mid to late 2024.

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