Following pressure from parliament, the Swiss Federal Council last year launched a consultation process on new legislation for the review of foreign investments. In May 2023, the Swiss Federal Council has taken note of the results of the consultation on the proposed investment control law. A majority of the participants in the consultation argued that the proposed investment control law would weaken Switzerland’s attractiveness as a business location, while a significant minority sees a clear need for action and is in favor of introducing foreign investment screening also in Switzerland.
On 25 May 2023, the Notification of the Ministry of Finance on Duty Exemption for Parts of Electric Vehicle or Battery-powered Electric Boats was published in the Royal Gazette. This Notification is to further promote the domestic production of electric vehicles (EV) in Thailand as well as to develop and strengthen the domestic EV supply chain. The Notification became effective on 26 May 2023.
From 15 January 2024 foreign investors from Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) members seeking to establish retail outlets will no longer be required to comply with the Economic Need Test (ENT). This will provide an important competitive advantage for CPTPP member investors operating in Vietnam.
On 11 May 2023, the Committee on Foreign Investment in the United States (CFIUS) issued a Frequently Asked Question (FAQ), which calls into question the use of “springing rights,” a broadly used instrument to expedite financings while complying with mandatory filing requirements. The FAQ addresses the timing for when a filing must be made for a transaction triggering a mandatory filing. Since implementation of the mandatory filing requirements, transaction parties have used springing or deferred rights to allow financings to proceed while those rights triggering a CFIUS filing are deferred or held in abeyance until after CFIUS clearance.
We’re pleased to present the eleventh edition of Ukrainian Laws in Wartime: Guide for International and Domestic Businesses, a brief overview of the key features of wartime legislation.
On 27 May 2023 the Canada Border Services Agency introduced amendments to the Valuation for Duty Regulations, which will alter existing Canadian customs valuation rules. The Amendments intend to clarify the “sale” used to establish the value for duty under the transaction value method for all goods imported into Canada. Effectively, the Amendments propose a “last sale” approach to customs valuation, which has the potential to increase the declared value for duty of imported goods, directly increasing duties and taxes owing, and indirectly increasing the cost of doing business in Canada.
The European Union actively uses anti-dumping and anti-subsidy (or countervailing duty) investigations to protect the EU manufacturing industry from competition from imports. Imports from Türkiye are a prime target for these investigations: in the past 20 years, imports from Türkiye were targeted in 15 anti-dumping and anti-subsidy investigations. Five of these investigations were initiated in the last three years.
On 23 May 2023, the Japanese government announced an amendment of the export control regulations on the additional semiconductor related items, which will go into effect on 23 July 2023.
On 29 May 2023, the Ukrainian Parliament approved the decision of the National Security and Defense Council of Ukraine to introduce sectoral special economic and other restrictive measures (sanctions) against the Islamic Republic of Iran.
On 30 March 2023, the Japanese Diet passed the Amendment Act of the Customs Tariff Act, etc. Most of the provisions of the Amendment Act came into force on 1 April 2023.