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22 September 2021
Publications
A step towards new market jurisdiction taxation rights

International Tax Review

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Cyril Maucour Jessica Benchetrit

In this ITR (International Tax Review) article, Cyril Maucour and Jessica Benchetrit evaluate the effectiveness of the OECD’s new unified approach, which provides market jurisdictions greater taxing rights over residual profits.

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17 September 2021
Publications
Renewable Energy 2022-France

International Comparative Legal Guide

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Véronique Fröding Stéphane Gasne

A practical cross-border insight into renewable energy law

Our lawyers, Véronique Fröding and Stéphane Gasne, authored the Q&A chapter on France’s renewable energy overview in the recently published “The International Comparative Legal Guide – Renewable Energy 2022”

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11 August 2021
Publications
Construction & Engineering Law 2021 – France

ICLG.com

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Stéphane Gasne Véronique Fröding Clémentine Liet-Veaux Jean-Marc Loncle

The 2021 Construction & Engineering Law Guide covers common issues in construction & engineering laws and regulations – including making construction projects, supervising construction contracts, and dispute resolution.

The chapter concerning France was coauthored this year by Stéphane Gasne, Véronique Fröding, Clémentine Liet-Veaux and Jean-Marc Loncle.

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15 July 2021
Publications
Deadline Extension of Definitive Safeguard Measures on Imports of Steel Products from Third Countries

Les Brèves de DS Avocats

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The European Commission has decided to extend the safeguard measure currently applied to imports of certain steel products into the Union for a further three years.

Managing tariff quotas can be of strategic interest to those companies concerned, which must be very responsive.

Our Customs & Trade team is at their service to provide additional information.

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18 May 2021
Publications
Singapore – potential impact of Covid-19 on tax residency

Les Brèves by DS Avocats

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Lisbeth Lanvers-Shah Olivier Monange

In light of the Covid-19 pandemic, the Singapore Government took precautionary steps such as entry restrictions and quarantine measures.

Unbeknownst to companies, these preventative steps and the correlative impossibility to convene management meetings in Singapore, or for employees of foreign companies to leave Singapore, could have consequences on a company tax residency.

The downsides of failing to obtain a COR or being deemed to have a permanent establishment could be significant.

Find out more in this brief by Lisbeth Lanvers-Shah and Olivier Monange.

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17 May 2021
Publications
Web Crawlers’ Data War

DS Newsletter

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Zhang Beibei Isabelle Doyon

Web crawlers (web spiders, web robots) are programs or scripts that automatically browse a website, grab information and build an index.

In our Data Economy, web crawlers permit companies to obtain and exploit large volumes of data which, once analyzed, can have a significant impact on their productivity and profitability.

The question is: Can web crawlers freely crawl any type of data from any website?

In this edition of our China newsletter, Zhang Beibei and Isabelle Doyon offer provide answers on the technical and legal limitations to the use of web crawlers.

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11 May 2021
Publications
Singapore – Immigration Update – Tightened Measures

Les Brèves by DS Avocats

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Lisbeth Lanvers-Shah Peggy Wong

The Government is limiting entry approvals for work pass holders entering Singapore from Tuesday 11 May onwards

Any travel of work pass holders outside Singapore is strongly discouraged for the time being. 

Lisbeth Lanvers-Shah and Peggy Wong provide an update on the new measures.

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7 May 2021
Publications
China – IIT Subsidy for High-level Foreign Talents in Beijing

DS Newsletter

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He Shunshan Sylvie Savoie

[Income Tax] – Certain foreign senior executives, scientific or technical directors may qualify as high-level foreign talents and as such are eligible for a tax subsidy on their personal income

Check your eligibility with Shunshan HE and Sylvie Savoie.

Applications for the year 2020 can be submitted between July and August 2021. Detailed evaluation criteria will be listed by future guidelines.

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6 May 2021
Publications
Singapore – Phase 2 Heightened Alert – Updates on border measures and requirements for safe management measures at workplace

Les Brèves by DS Avocats

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Lisbeth Lanvers-Shah Peggy Wong

In view of the Heightened Alert in Singapore, border measures have been tightened, the length of the stay-at-home notice for travellers has been extended and the Safe Management Measures for workplaces have been tightened.

Our Singapore team has compiled a brief on the new measures and requirements.

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6 May 2021
Publications
Foreign subsidies granted by non-EU governments under scrutiny of the EU Commission

DS Flash Info

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On 5 May 2021, the EU Commission proposed a new Regulation to address the potentially negative effects on the EU market of subsidies provided by Governments outside the EU.

According to the EU Commission’s press release, these subsidies may undermine the level playing field that is needed for all companies in the EU to compete on equal and fair terms: the new Regulation “aims at closing the regulatory gap in the Single Market, whereby subsidies granted by non-EU governments currently go largely unchecked, while subsidies granted by Member States are subject to close scrutiny.”

Our Flash Info, written up by our Milano team, analyses the proposed Regulation and next steps.

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28 April 2021
Publications
China – Withdrawal of tax exemption on allowances for foreign employees

DS Newsletter

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He Shunshan Sylvie Savoie

[Income Tax] – With the 1st of January 2022 quickly approaching, many employees are concerned about the potential abolishment of the current regime that allows for some benefits-in-kind to be exempt from tax.

Will this regime actually be terminated as of 2022?

How should we prepare?

Sylvie Savoie and He Shunshan answer your questions and share with you our analysis of the situation.

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19 April 2021
Publications
China – Business Name Registration Reform

Les Brèves by DS Avocats

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Xu Sissi Isabel Moga Rella

[Corporate Law] –

 Following a decree promulgated on December 28th, 2020, the State Council issued a revised regulation on registering business names (the “Provisions”). These Provisions have come into effect on March 1st, 2021, with the purpose of standardizing business name registration, protecting the legitimate rights and interests of enterprises, maintaining social and economic order, and improving the business environment. 

Xu Sissi and Isabel Moga Rella provide the highlights of these Provisions. 

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15 April 2021
Publications
Indonesia – Impacts of the Omnibus Law on Foreign Investments

Les Brèves de DS Avocats

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In application of Law 11/2020 known as Omnibus Law, Presidential Regulation 10/2021 of February 2, 2021
(“PR 10/2021” or Positive Investment List) modifies the rules applicable to investments in Indonesia and provides incentives for certain business sectors in order to stimulate investments in the archipelago.

The experts at our Indonesia Desk give you the keys to the new Indonesian industrial classification nomenclature (“KBLI”), which classifies sectors of activity by increasing degree of access by foreign investors:

  • business sectors closed to foreign investors;
  • business sectors reserved for cooperatives and / or VSEs / SMEs;
  • business sectors partially open to foreign investors;
  • business sectors open to foreign investors; and,
  • priority business sectors open to investors including foreign investors.

 

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15 April 2021
Publications
Indonesia – Impacts of the Omnibus Law on Labor Law

Les Brèves by DS Avocats

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Transversal reform initiated by Law 11/2020 on job creation, or Omnibus Law. The Indonesian government promulgated on February 2, 2021, several implementing regulations, outlining new applicable rules to Indonesian employees (the “Corpus Omnibus”). 

Our article focuses on the substantial changes brought by the reform, compared to the previous regulation. 

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30 March 2021
Publications
New obligation to disclose beneficial owners to the company’s register under the Italian Law

Les Brèves by DS Avocats

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Marta Longoni

Is your company ready to comply with the new formalities required by the Italian Law?

A general overview of the obligations of disclosure and notification of the information on the Beneficial Owners under the Italian Law in order to allow the companies and individuals falling within the scope of those rules to be ready to comply with them in due time. 

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30 March 2021
Publications
Environment & Climate Change Law 2021 – France

ICLG.com

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Patricia Savin Yvon Martinet

The 2021 Environment & Climate Change Law Guide covers the following issues:

  •  Environmental Policy and its Enforcement 
  •  Environmental Permits 
  • Waste
  • Liabilities
  • Contaminated land
  • Powers of regulators
  • Reporting / disclosure obligations
  • Emissions trading and climate change
  • Asbestos
  • Environmental insurance liabilites
  • General issues and updates

The chapter concerning France was coauthored this year by Patricia Savin and Yvon Martinet.

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29 March 2021
Publications
China – Fourth revision of the Patent Law

DS Newsletter

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Sylvie Savoie Chen Xiaoyun

[Patents] –  Introduced in 1985 and revised three times, after eight years of discussions, the fourth revision of the Patent Law of the Republic of China will come into effect on 1 June 2021.

Sylvie Savoie and Chen Xiaoyun present the main changes in this new version.

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18 March 2021
Publications
Filing for Trademark Protection Internationally
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Nathaly J Vermette

A client recently asked a very interesting question relating to filing trademark applications internationally, namely, whether they can register all their trademarks as international trademarks instead of just Canadian trademarks?

The short answer is yes and no, you can register all of your marks wherever you want to use them, anywhere in the world.

However, at its base, trademark protection is national or regional in nature.

Nathaly J. Vermette breaks down how “international” or multi-jurisdictional trademark registrations work and what are some strategic considerations to take into account when deciding whether to use them.

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11 March 2021
Publications
China – Are WeChat Conversations Admitted as Evidence by the Courts?

Les Brèves by DS Avocats

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Gao Jing

[Labour Law] – WeChat is the most popular social network in China. It is used daily as a professional communication and management tool. It is also regularly used to manage attendance, send information and contracts, organise meetings, hold online meetings, etc. 

One of the recurring questions being asked is whether all of these WeChat conversations may be submitted to a court as part of a labour dispute and if so, what conditions must be met in order for these exchanges to be considered admissible evidence by the judges. 

Along with the answer to this question, Gao Jing provides some recommendations on using We Chat content as evidence, on cases where an employee uses WeChat exchanges against you and, more generally, on good practice in using WeChat professionally.

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4 March 2021
Publications
Singapore – Discontinuation of LOC for DP holders

Les Brèves by DS Avocats

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Lisbeth Lanvers-Shah Olivier Monange

Work pass policies for Dependant’s Pass (DP) holders who wish to work in Singapore are set to change starting 1 May 2021.

In the following brief, our team in Singapore explains the new system.

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3 March 2021
Publications
China – Keep away from employees with “bad faith”

DS Newsletter

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Isabel Moga Rella Ding (Laura) Yu

[Employment Law] – The phenomena of employees abusing the litigation rights granted by Chinese laws and regulations to obtain “personal benefits” seems to have been regularly increasing. 

Isabel Moga Rella and Ding Yu present a case where a company dismissed an employee who had failed to meet the Company’s requirements in the first two months of her probation period during her subsequent during her sick leave.

In this case, the labor arbitrator recognized this employee had filed more than 3 labor arbitration proceedings with the same labor arbitration committee in the previous 2 years, all the cases having more or less the same “scenario”. 

Our brief presents the case, as well as recent measures authorities have set up to limit “bad faith” arbitration. Furthermore, our experts provide advice and tips for employers to avoid falling into the traps of abusive employees.

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25 February 2021
Publications
Singapore – Personal Data Protection (Amendment) Act 2020

Les Brèves by DS Avocats

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Lisbeth Lanvers-Shah Olivier Monange

With a view to bringing Singapore’s personal data protection landscape up to date and in line with international standards, Singapore passed the Personal Data Protection (Amendment) Act 2020 on 2 November 2020 (“PDPA Amendment”). 

The PDPA Amendment brings the most significant changes to the Personal Data Protection Act 2012 (“PDPA”) since the PDPA first came into force on 1 July 2014. 

The PDPA Amendment will take effect in phases. The following key changes took effect on 1 February 2021: 

  • New mandatory data breach notification (new Part VIA) 
  • New offences concerning mishandling of personal data 
  • Changes to the consent framework 
  • PDPA Amendment Regulations (in addition to the 2021 Data Breach Regulations, a set of regulations made under the PDPA Amendment also came into force on 1 February 2021)
  • Right to data portability 

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23 February 2021
Publications
China – New Health Protocol for Imported Goods Marketed in China

Les Brèves by DS Avocats

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Sylvie Savoie He Shunshan

[Customs and international trade] –  All companies that process, load and offload, transport, store or sell all types of goods imported into China must apply the provisions of Notice 17, the Protocol on Covid-19 Prevention and Control Mechanisms applicable to manufacturers and trade operators of goods imported into China.

For cold-chain products, companies must refer to the even stricter rules provided for in Notice 245 (2020) and Notice 147 (2020).

The brief prepared by Sylvie Savoie and He Shunshan lists the measures to be implemented by manufacturers and trade operators of goods imported into China in order to prevent and control Covid-19 :

  • controlling imported goods,
  • screening people, and
  • disinfecting facilities and the environment. 
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9 February 2021
Publications
India – Corporate Social Responsibility – amendment

Les Brèves by DS Avocats

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Lisbeth Lanvers-Shah

The Ministry of Corporate Affairs has amended the Companies (Corporate Social Responsibility Policy) Rules, 2014 (“CSR Rules”) vide the Companies (Corporate Social Responsibility Policy) Amendment Rules, 2021 notified on 22 January 2021. 

The modifications concern the following rules:

  • 2: definitions;
  • 4: CSR Implementation;
  • 7: expenditures;
  • 8: CSR Reporting; and
  • 9: Display of CSR activities on website.

Click on any link to discover the key features of the amendment.

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8 February 2021
Publications
EU & Germany newsletter by DS GRANER
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In our newsletter we would like to inform you regularly about news and general information in the field of law and business in Europe and Germany in particular. We hope you find this useful and wish an enjoyable read! 

Recent developments and measures related to the coronavirus pandemic in the EU and Germany

Further news related to trade and law : EU Commission proposes new competition law instruments / EU and PRC agree on investment treaty / EU and United Kingdom reach agreement on Brexit trade deal / The EU association action is coming! / EU Commission wants to regulate Internet corporate groups more closely / EU Commission examines new anti-dumping measures against PRC / Covid 19 pandemic may constitute change in business basis of lease agreements / ICC publishes new arbitration rules / Recent major insolvency proceedings

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28 January 2021
Publications
China – New Rules for Registering Cosmetics

DS Newsletter

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Sylvie Savoie Chen Xiaoyun

[Cosmetics] –  A new Cosmetics Supervision and Administration Regulation simplifies the rules that apply to registering and controlling cosmetic products sold in China.

This newsletter presents the main changes affecting cosmetics manufactured outside of China and imported into China for marketing purposes.

The rules that apply to domestic cosmetics are slightly different to those that apply to imported cosmetics.

A cosmetic product is considered to be imported if the last manufacturing stage involving contact with the product itself is carried out outside of China. Inversely, if this final stage is carried out within China, the product is considered to be a domestic product.

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22 January 2021
Publications
Singapore – Immigration – Tightening of EP regulations for Intra-Corporate Transferees

Les Brèves by DS Avocats

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Lisbeth Lanvers-Shah Peggy Wong

The Ministry of Manpower (MOM) imposed new conditions on Employment Pass (EP) applications for overseas Intra-Corporate Transferees (ITC) meeting the requirements of the General Agreement on Trade in Services (GATS) of the World Trade Organisation (WTO) or an applicable Free Trade Agreement (FTA). 

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21 January 2021
Publications
E-commerce in China: a Chance You Should not Miss

DS Newsletter

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Liu Yimin Zhang Beibei

[E-commerce] –  Still unclear how to embark on a journey into Chinese e-commerce market? Still keep away from Chinese e-commerce?

Liu Yimin and Zhang Beibei share strategies that allow you to start a business in China’s e-commerce market.

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19 January 2021
Publications
Singapore – inward re-domiciliation regime

Les Brèves par DS Avocats

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Lisbeth Lanvers-Shah Olivier Monange

Since 11 October 2017, foreign companies meeting certain criteria are allowed to transfer their registration to Singapore under section 358 of the Companies Act (Cap 50) (“Act”). 

The inward re-domiciliation regime essentially allows foreign entities to relocate their regional and worldwide headquarters to Singapore. A foreign corporate entity that re-domiciles to Singapore will become a Singapore company limited by shares registered with the Accounting and Corporate Regulatory Authority of Singapore (ACRA) and be required to comply with the Act like any other Singapore incorporated company. 

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30 December 2020
Publications
Brexit: Unprecedented trade agreement and restoration of customs formalities at the EU-UK border on 1 January 2021

Les Brèves by DS Avocats

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While the transition period, following the United Kingdom’s departure from the EU last February, will end on 31 December 2020, the two sides reached an agreement on 24 December 2020 which includes a trade and cooperation agreement aiming at regulating trade between the EU and the United Kingdom.

From a customs standpoint, it is imperative to bear in mind that this agreement will not exempt operators from export and import customs formalities, which are restored for each flow of goods, since the United Kingdom will be fully treated as a non-EU country as of 1 January 2021.

In terms of customs facilitations and favorable rules, it should be noted that this agreement is ambitious and offers to operators various practical novelties.

A breakdown by our Customs and International Trade team.

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18 December 2020
Publications
Asia-Pacific Regional Comprehensive Economic Partnership
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Lisbeth Lanvers-Shah Olivier Monange

On 15 November 2020, the Member States of the ASEAN and 5 regional partners being Australia, China, Japan, Korea and New Zealand, met virtually to witness the signing of the Regional Comprehensive Economic Partnership (RCEP) Agreement after 8 years of ASEAN-led grueling negotiations.

The world’s largest free trade arrangement, “the RCEP is an unprecedented mega regional trading arrangement covering a market of 2.2 billion people, or almost 30% of the world’s population, with a combined GDP of US$ 26.2 trillion or about 30% of global GDP, and accounts for nearly 28% of global trade”. The RCEP also represents the first ever free trade agreement between China, Japan and South Korea and is highly symbolic in a time of trade tensions and tariffs.

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15 December 2020
Publications
Indonesia – ratification of the Bilateral Investment Treaty between Indonesia and Singapore
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Lisbeth Lanvers-Shah Olivier Monange Lucas Mascarade

On September 25, 2020, the Indonesian President ratified the Agreement of October 11, 2018 on the Promotion and Protection of Investments between the Republic of Indonesia and the Republic of Singapore (“ISBIT”) under Presidential Regulation No. 97 of 2020, which entered into force on September 29, 2020.

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15 December 2020
Publications
EU & Germany newsletter by DS GRANER
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In our newsletter we would like to inform you regularly about news and general information in the field of law and business in Europe and Germany in particular. We hope you find this useful and wish an enjoyable read! 

Recent developments and measures related to the coronavirus pandemic in the EU and Germany

Further news related to trade and law : Stricter foreign trade law for foreign investors for foreign investors / New European Dual-Use Regulation is coming!  / European Commission wants to improve protection of intellectual property  / New ICC Force Majeure and Hardship Clauses 2020  / Recent European Anti-Dumping Measures  / New reorganization law to come in early 2021!  / Recent major insolvency proceedings 

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3 December 2020
Publications
Singapore – COVID-19 border control measures – travelling to Singapore
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Lisbeth Lanvers-Shah

As of 2 December, the following border control measures related to COVID-19 apply when traveling to Singapore. 

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27 November 2020
Publications
China – The Reform of Chinese Export Control Legislation

Les Brèves by DS Avocats

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[Expert control] –  The new regime will enter into force on December 1st, 2020 

China engaged over the last few years a deep review of the regime it had initially set in 1990s.

China will now implement a rather autonomous export control, intended to safeguard national security and interests and perform non-proliferation obligations.

Control principles and mechanisms remain however aligned to those already seen in other regimes, i.e. US and EU. 

Our Customs and International Trade team walk you through the items and technologies concerned, obligations and the scope of the Export Control Law.

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25 November 2020
Publications
Tariff package granted by the EU Council on Wednesday 18 November in the framework of the EU/US trade war
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 As part of the EU’s $4 billion countermeasures against the US, the European Commission adopted on November 7, 2020 an Implementing Regulation 2020/1646 to impose an additional 25% duty on certain US products such as vanilla, cereals, dairy products, fruits and vegetables, etc. 

Tensions between the European Union and the United States are not new. It all began with illegal aid granted by the European Union to Airbus, causing commercial damage to its American competitor Boeing. 

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23 November 2020
Publications
Singapore – Recruitment – Fair employment practices
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Lisbeth Lanvers-Shah

To promote fair employment practices and improve labour market transparency, employers submitting EP applications must first advertise on MyCareersFuture, and consider all candidates fairly. 

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11 November 2020
Publications
Brexit: practical consequences for operators with regards the exit of the United Kingdom from the internal market and the EU Customs Union on 1st January 2021
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The United Kingdom (hereinafter “the UK”) left the European Union (hereinafter “the EU”) on 31 January 2020. The withdrawal agreement between the EU and the UK provided for a transitional period which expires on 31 December 2020 and which can no longer be extended. On 1st January 2021, the UK will leave the internal market and the Customs Union, thus putting an end to the free movement of persons, goods and services. The EU and the UK will become third countries and thus re-establish customs formalities.

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30 October 2020
Publications
Singapore – Workplace – Update on requirements for safe management measures
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Olivier Monange Lisbeth Lanvers-Shah

From 28 September 2020, the updated Requirements for Safe Management Measures (“SMM”) at the Workplace will take effect.

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28 October 2020
Publications
Renewable Energy 2021-France
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Véronique Fröding Stéphane Gasne

A practical cross-border insight into renewable energy law -First Edition

Our lawyers, Véronique Fröding and Stéphane Gasne, authored the Q&A chapter on France’s renewable energy overview in the recently published “The International Comparative Legal Guide – Renewable Energy 2021”

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27 October 2020
Publications
Modernization of the Chinese Export Control Legal Regime
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Yijun Liu

The Standing Committee of the National People’s Congress enacted on October 17th, 2020 the Export Control Law (“Final Version”) which will come into force on December 1st, 2020

A brief by the Customs and International Trade team of DS Avocats 

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30 September 2020
Publications
Tangible and intangible goods & services: ECJ decision of 10/09/2020 in the BMW case
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The European Court of Justice confirms the possibility of including in the customs value of a product the cost of an intangible good designed in the EU and made available free of charge to the third party seller by the purchaser.

A brief by the Customs and International Trade team of DS Avocats 

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9 September 2020
Publications
Exporter status: Entry into force in France from October 1st, 2020
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Delayed several times, this new definition will enter into force in France on October 1st, 2020. 

A brief by the Customs and International Trade of DS Avocats

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19 August 2020
Publications
Singapore – Extension of jobs Support Scheme (JSS) up to March 2021
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Olivier Monange Lisbeth Lanvers-Shah

The JSS will be extended by up to seven months to cover wages paid up to March 2021.

A brief by the Singapore team of DS Avocats

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30 July 2020
Publications
Major changes to law on investment 2020 & law on enterprise 2020
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Olivier Monange Ngoc Huong Dang

On June 17, 2020, the National Assembly has passed the new Law on Investment and the new Law on Enterprise, whose major changes will take effect as from January 1, 2021.

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23 July 2020
Publications
Export Control – People’s Republic of China Precisions on the new regime of control of exportations of sensitive items and technologies
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Six months after the publication of a first draft, the Chinese export control bill was submitted to the Standing Committee of the Chinese National Congress for a second examination on the 28th of June 2020. The revised version (the Second Version) subject to public consultation until August 16th, 2020.

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17 July 2020
Publications
New Covid-19 outbreak in the capital and impact on meat and seafood import
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Due to a new Covid-19 outbreak in Beijing in early June originated from a wet market, where the genetic traces of the virus was found on a chopping board used to cut salmon (which is said to have come from Europe), some local customs implemented quarantine procedure for 100% imported salmon and frozen food, although no official notification was issued to impose this kind of measure.

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16 July 2020
Publications
BREXIT: getting ready for the end of the transition period New Communication of the European Commission
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As a reminder, the United Kingdom left the European Union on January 31, 2020. The withdrawal agreement between the EU and the United Kingdom provided for a transitional period ensuring that EU law will continue to be apply in the United Kingdom from 1 February 2020 to 31 December 2020.

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3 July 2020
Publications
Singapore – Phase Two of Safe Re-Opening and gradual re-opening of travel
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Olivier Monange Lisbeth Lanvers-Shah

Moving into Phase Two. Singapore moved into Phase Two after 18 June 2359 hours.

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24 June 2020
Publications
Economic sanctions: the European Commission clarifies the applicability of restrictive measures to not listed entities, controlled by a designated person
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Sophie Dumon Kappe Jean-Marie Salva

In the context of restrictive measures adopted pursuant to Article 215 of the Treaty on the Functioning of the European Union, national competent authorities (“NCA”) of the Member States may request the Commission to provide its views on the application of specific provisions of the relevant legal acts or to provide guidance on their implementation.

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24 June 2020
Publications
China – New Medical Device Regulations

DS China Newsletter

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On 18 March 2021, the State Council promulgated the Regulations on Supervision and Administration of Medical Devices, which will take effect on 1st June 1st, 2021 (the “2021 Regulations”).

Compared with the existing Regulations on Supervision and Administration of Medical Devices (lastly revised in 2017), the 2021 Regulations focuses more on innovation and development of the medical device industry, as well as quality and safety of medical device products.

We briefly summarize the amendments brought by the 2021 Regulations in this newsletter

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17 June 2020
Publications
Covid-19 and the issues on labour
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Olivier Monange Ngoc Huong Dang

The gravity of COVID-19 has not only caused considerable
needs of considering the health and economic impacts of its
outbreak, but the legal implications on employment.

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17 June 2020
Publications
The United States impose unprecedented and highly criticized sanctions on the International Criminal Court
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Jean-Marie Salva Sophie Dumon Kappe

On June 11, 2020, the President Trump signed an Executive Order blocking the property of certain persons associated with the International Criminal Court (‘ICC’).

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15 June 2020
Publications
Tariff classification : EU is getting a new tool
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Jean-Marie Salva Sophie Dumon Kappe

The US has CROSS, the EU now has CLASS. On 15 May 2020, the European Commission launched its new platform for finding information on the tariff classification of goods.

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8 June 2020
Publications
EU basic anti-dumping and anti-subsidy regulations Modification of the duration of the period of pre-disclosure
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Reminder: the common rules for protection against dumped and subsidized imports from third countries are contained in Regulations (EU) 2016/10361 and (EU) 2016/10372 of the European Parliament and the Council (hereinafter “basic Regulations”).

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7 June 2020
Publications
Extraterritoriality of us sanctions European blocking statute transposition in Belgium
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The European Blocking Regulation (EC) 2271/96 of 22 November 1996 protecting against the effects of the extraterritorial application of legislation adopted by a third country (“Blocking Statute“), recently amended, prohibits European operators, without authorization, to comply with US sanctions against Iran and Cuba, as listed in its Annex.

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22 May 2020
Publications
India – Foreign Direct Investments
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Lisbeth Lanvers-Shah

On 27 April 2020, the Government of India notified Foreign Exchange Management (Non-Debt Instruments) (Second Amendment) Rules, 2020 (Amendment) amending the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“FEMA NDI Rules”) w.e.f 27 April 2020:

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18 May 2020
Publications
India – Extension of lockdown and additional tranches of ABA Package : reform of FDI in defence and enhancement of ease of doing business
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Lisbeth Lanvers-Shah

On 17 May, the Ministry of Home Affairs announced that lockdown measures to contain the spread of COVID-19 will continue to be implemented in all parts of India for a further period up to 31 May 2020 and released guidelines on the measures to be taken.

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15 May 2020
Publications
India – Atmanirbhar Bharat Abhiyan stimulus package
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Lisbeth Lanvers-Shah

On 12 May, PM Modi announced a 20 trillion Rupees support package for India’s economy, further detailed by Finance Minister Nirmala Sitharaman on 13 May (“ABA Package”).

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15 May 2020
Publications
COVID-19 VAT package on e-commerce Postponed until July 1, 2021
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Jean-Marie Salva Sophie Dumon Kappe

Reminder: on December 5, 2017, the Council adopted the VAT package on electronic commerce which included a directive and two regulations. Furthermore, on November 21, 2019, the Council adopted implementing measures for the VAT package by Council Directive (EU) 2019/1995 and Council Implementing Regulation (EU) 2019/2026.

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11 May 2020
Publications
Singapore – Requirements for sale Management Measures at the workplace after circuit Breaker period
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On 9th May, Singapore announced that restrictions will be gradually relaxed and economic activities will selectively resume. To prevent the re-emergence of community cases, the tripartite partners – the Ministry of Manpower (MOM), …

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5 May 2020
Publications
Brexit negotiations: a very disappointing second round The hypothesis of a hard Brexit becomes clearer
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Jean-Marie Salva Sophie Dumon Kappe

On April 24, Michel Barnier presented the state of negotiations and recalled the deadlines to come …

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4 May 2020
Publications
Medical & sanitory products new China export requirements
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Jean-Marie Salva Sophie Dumon Kappe Yijun Liu

The Ministry of Commerce (MOFCOM), the Customs Administration and the Market Regulation Administration (MRA) have jointly promulgated Circular [2020] No.12, applicable from April 26, 2020.

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24 April 2020
Publications
Singapore – Extension of deadline for holding annual general meeting and filing annual returns
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Olivier Monange Lisbeth Lanvers-Shah

In light of the COVID-19 situation, some companies may have difficulties holding their Annual General Meetings (AGMs) and filing their Annual Returns (ARs).

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22 April 2020
Publications
Singapore – Extension of the circuit breaker till 1 June 2020
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Olivier Monange Lisbeth Lanvers-Shah

The Prime Minister announced on 21 April 2020 that the circuit breaker measures will be extended until 1st June 2020 (instead of 4th May 2020).

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21 April 2020
Publications
India – Review of Foreign Direct Investment (FDI) policy for curbing opportunistic takeovers/acquisitions of Indian companies due to the current COVID-19 pandemic
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Lisbeth Lanvers-Shah

By Press Note No. 3(2020 Series) dated 18 April 2020, the Government of India has reviewed the extant FDI policy and amended para 3.1.1 of extant FDI policy as contained in Consolidated FDI Policy,

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20 April 2020
Publications
Customs and Trade – China strengthens severely its regulation on export control of medical equipment
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Jean-Marie Salva Sophie Dumon Kappe

Faced with an increasing number of complaints concerning the quality of sanitary products imported from China, the Chinese government has drastically strengthened pre-export controls.

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17 April 2020
Publications
Intellectual Property update in Canada
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Nathaly J Vermette

The Canadian Intellectual Property Office (“CIPO”), has decided to extend the deadlines for monitoring trademark and design registration procedures due to the COVID-19 pandemic.

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17 April 2020
Publications
India – COVID-19 – Extension of lock down and focus on employment law
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On 14th April 2020, the Government of India extended the lock-down till 3rd May 2020. All restrictions that have been imposed in various sectors and on various activities (as spelt out in the Consolidated Guidelines of MHA) remain in force.

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9 April 2020
Publications
Singapore – UPDATE – Solidarity Budget and COVID-19 (Temporary Measures) Act and Regulations
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Olivier Monange Lisbeth Lanvers-Shah

On 6th April 2020, the Government announced a supplementary Budget 2020 known as the Solidarity Budget complementing the relief measures introduced under Budget 2020 on 18th February 2020 and the subsequent supplementary Resilience Budget on 26th March 2020, …

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7 April 2020
Publications
Distance selling of wines & spirits: a simplification measure highly anticipated by professionals in the sector
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Jean-Marie Salva Sophie Dumon Kappe

In application of article 302M quater of the General Tax Code, introduced by the Finance law for 2020, a decree has just been adopted (No 2020-338 of March 26, 2020: article 111 septdecies, Annex III of the General Tax Code) aimed at simplifying the tax treatment of wine & alcohol flows.

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7 April 2020
Publications
Greece – Additional measures against Covid-19
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Anastasia Mandraveli

By virtue of the latest Legislative Act issued on 30.03.2020, a set of new measures is introduced to address the severe consequences of the Covid-19 pandemic

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3 April 2020
Publications
Singapore – COVID-19 (Temporary Measures) Bill – temporary relief from contractual obligations
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The Ministry of Law of Singapore (“MinLaw”) has announced its intention to introduce the COVID-19 (Temporary Measures) Bill (“Bill”) in Parliament next week.

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2 April 2020
Publications
Health Emergency – Measures of the Argentine Republic
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Monica Orlando

On March 11th, 2020, the World Health Organization (WHO) declared the COVID-19 as a pandemic. As a consequence, the Argentine Republic implemented the following measures in order to prevent the spread of the virus.

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2 April 2020
Publications
India – COVID-19 – new relief measures
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Lisbeth Lanvers-Shah

The Government of India declared the COVID-19 a ‘notified disaster’ under the Disaster Management Act, 2005, which enables the country to provide assistance and spend more funds to fight the pandemic.

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1 April 2020
Publications
Measures taken by Canada
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Marc Belanger Josée Pilon Nicolas Dubois

As part of the current crisis related to the COVID-19, many employers have in recent weeks had to review their working methods.

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31 March 2020
Publications
France – Main legal and business measures adopted
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Catherine Verneret Bertrand Potot

Dealing with the public health emergency of COVID-19, from mid – March onwards the French government has progressively adopted measures to face the coronavirus crisis in order to protect its citizens’ health as well as French companies’ business.

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30 March 2020
Publications
Singapore – UPDATE – New Resilience Budget
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On 26th March 2020, the Government announced a Supplementary Budget 2020 known as the Resilience Budget which further and addresses the rapidly evolving COVID-19 situation and the impact on Singapore’s economy and society.

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27 March 2020
Publications
European Union – Measures taken by the European Commission and regarding State Aid
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Marie-Christine Bonnamour Michel Debroux

Faster than during the 2008-2009 crisis, and almost as quickly as the spreading of the Covid-19 virus … that’s how the EU’s response to the current pandemic crisis can be characterized.

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27 March 2020
Publications
Overview of the various measures taken around the world to face the Covid-19 pandemic
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Olivier Fages Lisbeth Lanvers-Shah Issakha Ndiaye David Hountondji

Dear Friends, The world is facing some difficult times due to the COVID-19 pandemic. The rapid proliferation of cases across an increasing number of countries is a cause of global concern.

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27 March 2020
Publications
Life Sciences – summary of health measures taken by the Government
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Joanna Peltzman

For several weeks now, France has been actively fighting against the coronavirus. In addition to health measures, the Government has adopted various texts as a matter of urgency in order to put an end to speculation in strategic health products and limit the movement of French people.

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26 March 2020
Publications
Greece – New 2MDS€ financial package to cope with the economic impact of Covid-19 pandemic
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Anastasia Mandraveli

Strengthening the health system, by allocating a budget of at least €200M, in addition to the current budget of the Ministry of Health. The Ministry of Health will be given all the additional funds it needs to fight the spread of the coronavirus.

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26 March 2020
Publications
Droit Social – Note d’information sur le Coronavirus
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Frédéric Godard-Auguste Monique Figueiredo Gwladys Beauchet Patricia Jeannin

Suite à la loi n°2020-290 du 23 mars 2020 d’urgence pour faire face à l’épidémie de Covid-19, le Gouvernement a pris ce jour de nombreuses ordonnances édictant des mesures dans des domaines variés.

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26 March 2020
Publications
Public procurement – Adaptation of the rules governing the award, procedure or performance of public contracts
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Philippe Zeller Clémentine Liet-Veaux Nathalie Sultan

The Ordinance on various measures for adapting the rules for the award, procedure or execution of contracts subject to the code of public procurement and public contracts that do not fall under it during the health crisis caused by the covid-19 epidemic, issued pursuant to Article 11 of Law No. 2020-290 of 23 March 2020 on emergency measures to deal with the covid-19 epidemic, was published in the OJ of 26 March (Order No. 2020-319).

Its content encourages buyers to agree to a certain number of flexibility measures, with the aim of protecting economic operators and allowing contracts to get back on track at the end of the health crisis.

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25 March 2020
Publications
Construction – Consequences to date of Covid-19 related measures on construction sites
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Stéphanie De Laroullière Marie-Pierre Alix

In this current context of unprecedented health crisis, in view of the quarantine measures ordered by the Government, the professional organizations of the construction industry and the Executive face
major difficulties in reaching a consensus as to whether or not to continue work on construction sites, …

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25 March 2020
Publications
China – Measures taken by the Chinese central government
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Anne Severin Sylvie Savoie

To cope with the crisis originated by the Covid-19 pandemic, the central government has taken strict control measures, including but not limited to traffic control, spring festival extension, and work and school resumption delay.

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25 March 2020
Publications
Tax – Mesures taken in France
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Christophe Billet Jean-Luc Raffy

Companies can request to postpone, without penalty and condition, the payment of their next direct tax installments (advance payment of corporate income tax, payroll tax, Corporate Property Tax called “CFE”, Contribution on the added value of companies called “CVAE”) using a special form available on the French tax authorities website.

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25 March 2020
Publications
Covid 19 crisis – main legal and business measures adopted in peru
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Rafael Artieda Charles Castle Percy Castle

On March 15 and 18, 2020, the following regulations aimed at preventing the spread of the Coronavirus (COVID-19) in Peruvian territory were published, …

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25 March 2020
Publications
Italie – Law – Decree “Cura Italia” (D.L. n. 18 of 17 March 2020)
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Chiara Poggi Ferrero Samanta Librio Marta Longoni

The new law decree “Cura Italia” of 17 March 2020, published on 18 March 2020 in the official bulletin (Gazzetta Ufficiale), provides for various measures to support employees and companies affected by the Covid-19 pandemic.

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25 March 2020
Publications
Canada’s response to address the economic and social impact of the Covid-19 pandemic
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Vincent Routhier

Canada has introduced, over the past fourteen days, drastic measures to stem the propagation of the Covid-19 virus among its citizens.

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24 March 2020
Publications
COVID 19 CRISIS – Measures taken by Belgian National Security Council
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As announced on March 10, the evolution of the spread of the coronavirus is assessed every day, as the situation is constantly changing. In light of the most recent developments, the National Security Council met on Thursday 12 March in the presence of and in consultation with the Ministers President.

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24 March 2020
Publications
Measures taken in South-East Asia: India, Indonesia, Singapore, Vietnam
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Olivier Monange Lisbeth Lanvers-Shah
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23 March 2020
Publications
Intellectual Property – Impact of Covid-19: extension of the deadline at the INPI and EUIPO
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Catherine Verneret Bertrand Potot

The INPI – Institut National de la Propriété Industrielle, and the EUIPO – European Union Intellectual Property Office, have decided to extend the deadlines for monitoring trademark and design registration procedures due to Coronavirus pandemic.

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23 March 2020
Publications
Spain – Main business measures introduced in Spain to deal with the economic and social impact of the health emergency
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Angela López Molina David Avilés Verónica Ramírez Jaime Benito Munilla Julie Borobio

In recent weeks, a series of extraordinary measures have been decreed in order to mitigate the economic effects of the health emergency generated by Covid-19, especially after the World Health Organization (WHO) officially declared a pandemic on 11 March 2020.

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23 March 2020
Publications
Impact of the pandemic Covid-19 on the German Economy
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Reiner Graner Sandrine Kirschenbilder Thierry Schwenk Stefanie Bieg

For Germany, which had an extremely solid economy until now, the coronavirus is a serious challenge for the whole society. Not only citizens but also companies are concerned.

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23 March 2020
Publications
Covid 19 crisis – main legal and business measures adopted in Chile
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José Luis Ilabaca Searle

On 18 March 2020, the President of the Republic of Chile, Mr. Sebastián Piñera, declared a state of constitutional exception, the “State of Catastrophe”, …

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20 March 2020
Publications
Customs and Trade – Measures taken & announced by the French Customs Administration (DGDDI) & the European Commission
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Jean-Marie Salva Sophie Dumon Kappe

The DGDDI explains that at present the emergency measures taken by the government only concern direct taxes. Duties and taxes collected by the customs administration are therefore not included.

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20 March 2020
Publications
Droit Social – Mise à jour du vendredi 20 mars 2020.
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Monique Figueiredo Frédéric Godard-Auguste Gwladys Beauchet Patricia Jeannin

Alors que le Gouvernement indiquait initialement que le coronavirus constituait une circonstance de caractère exceptionnel permettant aux entreprises de bénéficier du dispositif d’activité partielle, il semble avoir donné des instructions nettement plus strictes aux DIRECCTE qui sont chargées d’instruire les demandes d’activité partielle.

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20 March 2020
Publications
Singapore – UPDATE – Advisory for employers and employees travelling to and from affected areas
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Measures introduced as of 18th March 2020. From 31 January 2020, MOM will reject all new work pass applications for foreign workers from mainland China until further notice. Renewal applications for existing work pass holders will not be affected.

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20 March 2020
Publications
India– COVID-19 – complete travel ban
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COMPLETE TRAVEL BAN. No scheduled international commercial passenger aircraft shall take off from any foreign airport for any airport in India, after 00:01 hrs GMT of March 22, 2020 (*i.e. 05:31 hrs Indian Standard Time (IST) of March 22, 2020). These instructions shall remain in force till 0001 hrs GMT of March 29, 2020.

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19 March 2020
Publications
What measures should be implemented to deal with the decline in the Company’s business?
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Following the various announcements of the French government, and in order to protect people from the effects of the coronavirus pandemic, you will find hereafter the main measures put in place to date in order to best organize your business.

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4 March 2020
Publications
Singapore – Employment pass – Increase of minimum salary
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From 1 May 2020, the minimum qualifying salary to apply for an employment pass in Singapore will be raised from $3,600 to $3,900 for new applications.

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4 March 2020
Publications
Singapore – Employment – COVID – 19 and travel restrictions
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From 4 March 2020, 2359 hours, all new visitors with recent travel history to Korea, northern Italy* and Iran will not be allowed entry or transit through Singapore.

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21 February 2020
Publications
Singapore – advisory by the Ministry of Trade & Industry (MTI) on the 2019 Novel Coronavirus
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With effect from 1 February 2020, all new visitors with recent travel history to mainland China (within the last 14 days) will not be allowed entry into Singapore, or to transit through Singapore. This applies to individuals regardless of their nationality.

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14 February 2020
Publications
Dual use items export control new Chinese regime
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China’s current legal framework for export control is recent (dating from the 1990s) and therefore incomplete. It consists of various laws (such as the Customs Law, the Foreign Trade Law and the Chinese Criminal Law) and administrative rules and regulations, which were last amended more than ten years ago.

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6 February 2020
Publications
India: Union Budget 2020-2021: highlights
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The Finance Minister, Mrs. Nirmala Sitharaman, presented the budget for the year 2020-2021 to the Parliament on 1 February 2020 in a context of economic slowdown and social unrest.

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6 February 2020
Publications
India – Significant Beneficial Owners – amended rules
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On 8 February 2019, the Ministry of Corporate Affairs released the Companies (Significant Beneficial Owners) Amendment Rules, 2019 (“New SBO Rules”), amending the Companies (Significant Beneficial Owners) Rules, 2018 (“SBO Rules”), introducing in India a significant beneficial owner (“SBO”) disclosure regime.

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3 February 2020
Publications
Coronavirus outbreak: how to deal with its potential impacts on business contracts in Asia? A comparative analysis in four Asian countries
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The recent outbreak of 2019-nCoV (coronavirus), declared a Public Health Emergency of International Concern (PHEIC) by the World Health Organization on 30 January 2020, has had, and is expected to have for months, significant impact on global operations.

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31 January 2020
Publications
Brexit on 31 January 2020 assured: the European Parliament and the Council adopted the withdrawal agreement
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As a reminder: Brexit should have taken place on 29 March 2019, 2 years after the United Kingdom’s invocation of Article 50. The Heads of State and Government have twice delayed the United Kingdom’s exit from the Union.

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17 December 2019
Publications
Brexit: new agreement of 17 October and new extension until 31 January 2020
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As a reminder: Brexit should have taken place on 29 March 2019, 2 years after the United Kingdom’s invocation of Article 50. The Heads of State and Government have twice delayed the United Kingdom’s exit from the Union. On 21 March 2019, 8 days before the initial date, they granted a delay until 12 April if Theresa May failed to ratify the agreement approved on 25 November 2018. On 10 April, in the absence of ratification, they agreed to extend this deadline until 31 October.

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5 December 2019
Publications
Consequences on inward processing of the application of EU trade defense measures to certain products originating in the United States
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As a reminder, the inward processing procedure (IP) allows third-country goods to be imported into the Union, processed or repaired before being re-exported or released for consumption.

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5 December 2019
Publications
Threats of additional duties on products originating from France imported in the United States
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On December 3, 2019, the US Government announced its intention to impose additional duties on a limited number of products originating from France imported into the US, up to 100% of their value.

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15 November 2019
Publications
Entry into force of the EU-Singapore trade agreement on November 21st, 2019
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Following our client alert of 19 February, we confirm that the EU-Singapore Free Trade Agreement (FTA) will enter into force on 21 November 2019.

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5 November 2019
Publications
Indonesia: liberalization of franchise regulations
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Good news for the franchise sector in Indonesia which revoked most of the previous regulations imposing requirements for the registration and operation of franchises.

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30 October 2019
Publications
Brexit: new agreement of 17 October and new extension until 31 January 2020
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As a reminder: Brexit should have taken place on 29 March 2019, 2 years after the United Kingdom’s has invoked the applicability of Article 50. The Heads of State and Government have twice delayed the United Kingdom’s exit from the Union. On 21 March 2019, 8 days before the initial date, they granted a delay until 12 April if Theresa May failed to ratify the agreement approved on 25 November 2018. On 10 April, in the absence of ratification, they agreed to extend this deadline until 31 October.

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18 October 2019
Publications
EU Regulation 2019/1020 of 20 June 2019: Establishment of a European network for market surveillance and conformity of non-food products
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The free movement of goods within the internal market is a founding and essential element of the European Union. The protection of consumers, including their safety, as well as the protection of the environment as regards goods consumed within the Union are high priorities of the European Parliament.

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15 October 2019
Publications
EU-Japan Economic Partnership Agreement : Retrospective benefit of preferential tariff treatment is authorised in the EU
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The EU-Japan Economic Partnership Agreement is effective since February 1, 2019. It provides for immediate customs duties removal for more than 90% of EU and Japanese originating products.

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14 October 2019
Publications
UCC – the customs representation of a non-established company can only be indirect
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French Customs Authorities disclosed precise information early September 2019 regarding the representation of non-established operators for customs clearance purposes.

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10 October 2019
Publications
Corporate Venture and High Tech Investment in France
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Bernard Tézé Reiga Shimizu

Acquiring and making partnership with French Innovative Companies

Presentation to the Business France-Provence-Alpes-Côte d’Azur seminar, in English and Japanese.

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17 September 2019
Publications
India – Companies (Amendment) Act, 2019
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On 31 July 2019, the Ministry of Corporate Affairs introduced the Companies (Amendment) Act, 2019 (“Amendment”), replacing the Companies (Amendment) Ordinance, 2018 (“Ordinance” previously discussed hereand crystallising most of its provisions (as further amended in 2018 and 2019).

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17 September 2019
Publications
Arbitration and Conciliation (Amendment) Act, 2019
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India is amending its arbitration law again (the Arbitration and Conciliation Act, 1996, the “Act”). A dramatic reform of the Indian arbitration landscape started in 2012 with the first of a series of decisions of the Supreme Court
of India aiming at reducing the interference of the Indian courts in the international arbitration process.

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3 September 2019
Publications
Publication of incoterms® 2020
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The newest edition of the International Commercial Terms (Incoterms), “INCOTERMS® 2020” is expected to be released by the International Chamber of Commerce (ICC) on the 13 th of September 2019.

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22 August 2019
Publications
India – External Commercial Borrowings
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On 30 July  2019, the Reserve Bank of India issued A.P. (DIR Series) Circular No. 04 relaxing the end-use restrictions relating to external commercial borrowings (ECB) for Working Capital requirements, General Corporate purposes and Repayment of rupee loans.

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25 July 2019
Publications
New French Pacte Law: The New ‘Digital Assets Services Providers’ (‘DASP’) Status

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Diane Richebourg

In addition to the optional visa available for all issuers of Initial Coin Offerings, the French Pacte Law establishes a regulated status as a Digital Assets Service Provider or “DASP”.

As it stands, the implementing regulations have not yet been published and will come into force towards the end of 2019.

Avec Thibault Verbiest

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18 July 2019
Publications
The French Parliament has adopted the “GAFA tax”, challenged by the United States
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The European Commission had proposed the adoption of a directive on the common system of the Digital Services Tax (DST) applicable to the revenues derived from the provision of certain digital services.

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18 July 2019
Publications
The French Parliament has adopted the “GAFA tax”, challenged by the United States
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The European Commission had proposed the adoption of a directive on the common system of the Digital Services Tax (DST) applicable to the revenues derived from the provision of certain digital services.

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9 July 2019
Publications
AfCFTA Official Launch of the African Continental Free Trade Area a new market of 1.2 billion consumers
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After the entry into force of the agreement establishing the African Continental Free Trade Area (AfCFTA) on May 30th, 2019, Nigeria, Africa’s leading economy, signed said agreement on this July 7th.

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26 June 2019
Publications
August 1st : entry into force of the EU-Vietnam trade agreement
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As a reminder: the negotiations with Vietnam, a fast-growing and competitive economy whose bilateral trade with the EU has increased fivefold over the past ten years, lasted from 2012 to December 2015.

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25 June 2019
Publications
New sanctions with respect to iran
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In yet another step within the sanctions’ approach adopted by the Trump administration to bring Iran to renegotiate the JCPOA, President Trump signed on 24 June 2019 an executive order blocking and prohibiting the transfers, payments, export or withdrawal or otherwise any dealing

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19 June 2019
Publications
Legal Professionals’ Key Involvement in the Escrow System for Funds Raised During an Initial Coin Offering (ICO)

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Diane Richebourg

Since the PACTE law came into force in France, a procedure for obtaining a visa for any public Initial Coin Offering has been provided for before the French Financial Markets Authority (the AMF).

In this context, the AMF requires issuers applying for a visa to set up a procedure to secure the funds collected during the ICO.

Avec Thibault Verbiest

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14 June 2019
Publications
WCA advisory opinion on valuation of imported goods purchased in flash sales
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During its 48th Session held from 13 – 17 May 2019, the WCO Technical Committee on Customs Valuation (TCCV) has adopted Advisory Opinion 23.1 with respect to the valuation of goods purchased inaflash sale.

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15 May 2019
Publications
The Visa Delivered by the French Financial Regulator (AMF) to Issuers of Initial Coin Offerings (ICOs)

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Diane Richebourg

The French law of 22 May 2019 (known as the “PACTE law“) introduced a specific regime for ICOs, providing for the principle of an optional approval/visa issued by the AMF. This new regime, designed to promote the development of ICOs, does not apply to the issuance of tokens assimilated to financial securities (“Security Token Offering”/ “STO”) but exclusively to the issuance of so-called “utility tokens”.

Issuers of tokens falling into the category of utility tokens have the right (but not the obligation) to apply for a visa in order to make an offer to the public of tokens. The AMF visa is not issued to a token issuer but to a token offer.

Avec Thibault Verbiest

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13 May 2019
Publications
The United Kingdom Parliament prepares for Brexit and adopts post-Brexit Blocking statute in order to replace the existing EU Blocking Statute
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Originally scheduled for March 29, 2019, the Brexit was first postponed to April 12 and October 31. This situation implies the participation of the United Kingdom, still a member of the European Union, in the European elections which will take place between 23 and 26 May.

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1 May 2019
Publications
Customs & Trade
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Following a long reflection on the rights and obligations of companies in their relations with customs authorities, engaged at the initiative of ICC France, including various professional organizations, ICC has just adopted a new customs Charter of Facilitation.

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29 April 2019
Publications
Real Estate Asset Tokenisation – A French Perspective

Legalico.io

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Diane Richebourg

Tokenisation is the creation of the digital representation of an asset on a blockchain.

The tokenisation process involves the registration of an asset and its rights on a digital token which is then recorded on a shared electronic recording device like blockchain.

The respective project leaders are the only ones who can decide on the asset they want to integrate into their security token. Like utility tokens, whose utility and economy must be carefully designed, it is necessary to create a security token that refers to an underlying asset.

Real estate tokenisation is an essential subject that affects a huge global market. Indeed, the real estate investment market is generating several trillion dollars each year and more than half of every asset held by individuals consists of at least one real estate asset.

Avec Thibault Verbiest

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21 March 2019
Publications
The New French Legal Regulations For All Crypto-Active Players

Legalico.io

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Diane Richebourg

With the future French PACTE law, currently under discussion, the legislator wishes to create an incentivising legal environment for all crypto-active actors.

The French legislator’s approach is very clear: to identify the issues on which its intervention is necessary, particularly to protect investors, while at the same time allowing this new means of raising funds to prove its worth.

Indeed, while it was already announced that a legal framework would be put in place for token issuers (also known as “Initial Coin Offerings” – “ICOs”), a recent amendment aims to extend a broader framework to all crypto-active players.

The legislation is still evolving as amendments are adopted through parliamentary debates.

Avec Thibault Verbiest

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19 March 2019
Publications
The European Parliament has approved the EU-Singapore Free Trade Agreement
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As a reminder, the EU-Singapore Free Trade Agreement (FTA) is the first bilateral trade agreement between the EU and an ASEAN country. In 2017, the initial plans to conclude the EU-Singapore FTA were put on hold after an opinion of the Court of Justice of the European Union of 16 May 2017.

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19 March 2019
Publications
Singapore – changes to the Employment Act from 1 April 2019
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In accordance with the Employment (Amendment) Bill passed on 19 November 2018, changes to the Employment Act (“EA”) and Employment Claims Act (“ECA”) announced in our previous Brève are to take effect from 1 April 2019.

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4 March 2019
Publications
Singapore – jurisdiction clause – enforceability of Singapore civil and commercial judgements and international arbitral awards in ASEAN
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The growth in economic partnerships (such as ASEAN) and globalization of commercial relationships are leading to growth in cross border trade, which is in turn inevitably accompanied by an increase in cross-border commercial disputes.

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25 February 2019
Publications
JCPOA France, Germany and the United Kingdom launched Special Payment Vehicle INSTEX to support trade opportunities with Iran
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Reminder: the United States announced on May 8, 2018 their withdrawal from the « Joint Comprehensive Plan of Action » (« JCPOA ») regarding Iran and, consequently, began a process to re-impose certain sanctions on Iran that have extraterritorial effect.

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18 February 2019
Publications
Exemption of VAT identification in France for foreign companies
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French Customs Authorities disclosed precise information early September 2019 on the VAT identification of persons established outside of France and carrying out taxable transactions in France or having to fulfill reporting obligations. Both import and export transactions are concerned.

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8 February 2019
Publications
Free zones: a fertile ground for foreign direct investments?
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The most recent World Customs Organization, MENA regional workshop on Free Zones/Special Customs Zones, in Tangier, Morocco, from 28 to 30 January 2019 focused on the administration’s experience running such zones from customs processes and economic benefit’s standpoint.

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30 January 2019
Publications
Conference organized by DS Avocats and the Japanese Chamber of Commerce (in cooperation with JETRO) on the benefits for Japanese companies to draw from the Economic Partnership Agreement (EPA) between the European Union and Japan, an historic agreement which came into force on 1 February 2019
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On 20 December 2018, the Council of the European Union approved the EPA concluded between the EU and Japan and signed on 17 July 2018.

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23 January 2019
Publications
India – External Commercial Borrowings (ECB) Policy – new ECB framework
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The ECB regime provides a framework for Indian corporates to avail foreign currency loans from an overseas lender. Although he ECB regime has undergone significant changes in the past years, it is still perceived as stringent, with many restrictions.

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15 January 2019
Publications
The IT Charter – an important tool for the security of business IT systems
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There are many articles describing cybercrime and the cost it represents for businesses (risk of the loss of data, harm to their knowledge base, risk in terms of image and reputation, and perhaps even a risk for the continuation of business and survival of the firm).

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14 January 2019
Publications
Customs & Trade
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SAFEGUARDS MEASURES ON THE RISE: EUROPEAN AND CANADIAN PERSPECTIVES It has been just over one year since the first announcement
of the steel and aluminum ad valorem tariffs imposed by the United States (US) on March 31, 2018.

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11 January 2019
Publications
India – PAN made mandatory for non resident directors
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Vide Notification dated 19 November 2018, the Central Board of Direct Taxes has notified the changes in Income Tax Rules, 1962 with effect from 5 December 2018.

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11 January 2019
Publications
China Follow up of the reform of individual income tax
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Sylvie Savoie He Shunshan Yijun Liu

As a reminder, on 31 August 2018, the Chinese National Congress promulgated the Amendment to the PRC IIT Law (“IIT Amendment”) (cf. our Newsletter of 4 September 2018: China – Individual Income Tax Reform).

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17 December 1920
Publications
WTO – Extension of the 1998 moratorium on electronic commerce
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On 10 December 2019, the WTO General Council decided to extend the moratorium on customs duties on electronic transmissions for the next 6 months.

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14 October 1920
Publications
American victory in the Airbus case: another episode in the US-EU trade war
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On October 2nd 2019, World Trade Organization (WTO) issued its arbitration decision in the Airbus case (DS316), regarding illegal European subsidies granted to Airbus, which paved the way to US countermeasures.

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