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China: Government Releases Provisions on Unreliable Entity List Regime

(Oct. 9, 2020) On September 19, 2020, upon approval of the State Council, China’s Ministry of Commerce (MOFCOM) released the Provisions on the Unreliable Entity List (English translation prepared by MOFCOM). The Provisions establish the framework of an “unreliable entity list” (UEL) regime, under which punitive measures may be imposed on designated foreign entities, including […]

Great Britain: House of Commons Advances Bill to Limit Criminal Prosecution of Veterans for Acts Committed during Overseas Operations

(Oct. 7, 2020) On September 23, 2020, the Overseas Operations (Service Personnel and Veterans) Bill received its second reading in the British House of Commons and progressed through to the Committee stage with a comfortable majority. The bill aims to provide certainty for Service personnel and veterans by protecting them from vexatious legal claims for […]

Australia: Bill Creating New Process for Citizenship Cessation Based on Involvement in Terrorism Enacted

(Oct. 6, 2020) On September 17, 2020, the Australian Citizenship Amendment (Citizenship Cessation) Act 2020 (Cth) (2020 Amendment Act) was signed into law, with the legislation having been passed by the Parliament on September 3. The Act amends the Australian Citizenship Act 2007 (Cth) to replace the previous system, established by the Australian Citizenship Amendment […]

France: Constitutional Court Strikes Down Special Security Measures for Individuals Convicted of Terrorism

(Sept. 30, 2020) On August 7, 2020, the French Conseil constitutionnel (Constitutional Council) struck down most of a bill that aimed to impose special security measures on individuals after their release from prison for participating in terrorism-related activities. This bill, which was first submitted on March 11, 2020, was adopted by the French Parliament on […]

Germany: Rules for Foreign Investment Control Tightened

(Sept. 16, 2020) On July 17, 2020,  an amendment to the German Foreign Trade and Payments Act (Außenwirtschaftsgesetz, AWG) that lowers the standard for restricting foreign direct investment entered into force. The amendment requires that the investment be “likely to affect” public order or security rather than entail “actual and serious risk,” as the original […]

United States: Appeals Court Rules Shareholders Not Eligible to Bring Claim under Alien Tort Act When Claim Involves Breach of Fiduciary Duty

(Sept. 14, 2020) The U.S. Court of Appeals for the Second Circuit recently reversed a lower court’s decision to allow an amended complaint in a derivative lawsuit (one allowing shareholders to sue the managers of their company) brought by plaintiff shareholders of Lebanese Canadian Bank (LCB) to support a cause of action (giving a party […]

Norway: Election Law Committee Recommends Amendments to Constitution and to Election Law on Delaying Elections under Special Circumstances

(Sept. 11, 2020) On June 3, 2020, the Norwegian Ministry of Local Government and Modernisation (Kommunal- og moderniseringsdepartementet, KMD) sent a proposal for a legislative consultation (høring) on amending both the Norwegian Constitution and Norway’s Election Act to allow the government to postpone general elections under extraordinary circumstances, such as a global pandemic. The proposal […]

Saudi Arabia: Flogging and Death Abolished as Ta‘zeer Penalties

(Aug. 3, 2020) On July 15, 2020, the director of the Human Rights Commission of Saudi Arabia, Awwad bin Saleh, announced that the commission is planning to launch a number of initiatives to highlight the kingdom’s reforms in the field of human rights. Those reforms include abolishing flogging and capital punishment for minors as ta‘zeer […]

Norway: Supreme Court Rules It Has Universal Jurisdiction over Foreigners’ Prior Terrorist Acts Abroad

(July 16, 2020) On June 26, 2020, the Norwegian Supreme Court ruled that Norwegian courts may exercise universal jurisdiction over crimes of terrorism and that foreigners may thus be sentenced in Norway for terrorism crimes they committed before arriving in the country. (Supreme Court Decision Case No. HR-2020-1340-A.) Facts of the Case The defendant, a […]

Switzerland: Prohibition on Sexual Orientation Discrimination Will Apply Starting July 1

(Apr. 30, 2020) In its session of April 3, 2020, the Swiss Federal Council, the country’s government, decided that a prohibition on discrimination due to sexual orientation will enter into force on July 1, 2020. The necessary amendments to the Criminal Code and the Military Criminal Code had been adopted by the Swiss Parliament on December 14, […]