Over the past week there have been two significant announcements by US Financial Crimes Enforcement Network and the US Department of the Treasury with respect to the filing of beneficial ownership information reports under the Corporate Transparency Act. Based on these announcements, foreign reporting companies should technically continue complying with the BOI requirements, though there will be no consequences for failing to do so until new regulations are issued. As to domestic reporting companies, there should not be any enforcement of the CTA against such companies or consequences if such companies fail to file BOI reports.

On 20 February 2025, the Chair of the Australian Competition and Consumer Commission (ACCC), Gina Cass-Gottlieb, announced the ACCC’s compliance and enforcement priorities for 2025/26 at the annual address to the Committee for Economic Development of Australia. Ms Cass-Gottlieb identified a range of industry sectors, as well as specific competition and consumer law issues that will be the focus of the ACCC’s compliance and enforcement activities for 2025/26. Many of these areas continue from last year.

On February 10, 2025, President Donald Trump signed an Executive Order (“Order”) directing a 6-month moratorium on the enforcement of the Foreign Corrupt Practices Act (FCPA), while the Attorney General revises Department of Justice (DOJ) policies and guidelines governing FCPA enforcement. The Order instructs that these changes be made in the interest of promoting US companies’ ability to compete in foreign markets. While the Order introduces uncertainty for the future of FCPA enforcement, companies are advised to stay the course on compliance and exercise caution when considering any shifts in compliance practices and resourcing in the near term.

Japan has amended the provisions on the crime of bribing foreign public officials under the Unfair Competition Prevention Act (UCPA), effective 1 April 2024, and updated the Guidelines for the Prevention of Bribery of Foreign Public Officials in February 2024.
Key changes to the UCPA include increased fines and longer terms of imprisonment for individuals or corporations who bribe foreign public officials, expanded corporate liability and a longer statute of limitations.

While many are aware that the Indian government is aiming to attract at least USD 100 billion a year in gross Foreign Direct Investment in 2024, they may be less aware that the government has also recently set out a progressive ESG regulatory framework. Investors will therefore need to align with this Indian ESG wave and also ensure that their own ESG programs are robust enough to mitigate risks as well as realize opportunities.

In keeping with tradition, we are pleased to invite you to our annual Global Year-End Review of Import/Export & Trade Compliance Developments Conference. The conference will provide valuable insights on the latest developments, challenges and opportunities in the ever-changing landscape of international trade.
We are holding this conference in a split-hybrid format, with an in-person event in Santa Clara, CA, on 12 November and virtual panels on 19-21 November.