U.S. Extraterritoriality and Corporate Governance and Global Transactions — More Aggressive U.S. Action.

Here’s a presentation and a PowerPoint I gave recently concerning the extraterritorial application of U.S. international economic legislation and regulation impacting a wide variety of  U.S. international transactions.
Areas concern, foreign corruption, reexport controls, trade sanctions, foreign tax and banking disclosures, antitrust price-fixing, foreign boycotts, and corporate governance (Sarbanes-Oxley and Dodd-Frank).
The importance of this is often illustrated by the failure of many of our multinational firms, especially high-tech ones relying upon intangible transactions involving patent and licensing fees, from paying corporate taxes due to their global transactions being routed through multiple tax havens.
The list grows as does aggressive U.S. enforcement actions. These are parallel to stronger enforcement actions in the world of import remedies and market access by the Obama administration.
Malawer, “Extraterritorial Rules of the Road.” (2012).
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About Stuart Malawer

Distinguished Service Professor of Law & International Trade at George Mason University (School of Public Policy).
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