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Fifth Circuit Rules on Extraterritoriality of ATS Claims, Creating Circuit Split

On January 3, 2017, the United States Court of Appeals for the Fifth Circuit issued a decision in Adhikari v. Kellogg Brown & Root, Inc., No. 1520225 (5th Cir. Jan. 3, 2017) relevant to US government contractors and subcontractors performing contracts overseas. In the decision, the court held that claims asserted against a US defense … Continue Reading

OFPP Issues Proposed Combating Trafficking in Persons Best Practices for Government Contractors and Contracting Officials

The Office of Federal Procurement Policy (OFPP), in conjunction with an inter-agency task force on combating trafficking in persons recently published for public comment a set of “Anti-Trafficking Risk Management Best Practices & Mitigation Considerations.” The task force states that the proposed guidance was developed as a set of best practices and mitigation considerations to … Continue Reading

U.S. Maintains Arms Embargo on Myanmar Due to Religious Freedom, After Sanctions Lifted

On December 6, 2016, the State Department’s Office of International Religious Freedom published a notice in the Federal Register announcing that it would maintain the unilateral U.S. arms embargo on Myanmar (which the U.S. Government still calls “Burma”) pursuant to the International Religious Freedom Act of 1998 (Pub. L. 105–292), as amended.  Along with Myanmar, … Continue Reading

U.S. Removes Restrictions on Government-to-Government Assistance for Myanmar

As we discussed in a previous post, the United States terminated its economic sanctions program targeting Myanmar (which the U.S. Government still calls “Burma”) on October 7, 2016.  Building upon the normalization of relations that led to the lifting of sanctions, the U.S. Government has determined that the circumstances now allow for a resumption of … Continue Reading

Human Trafficking Rule Clarification: US Government Contractors Face Broad Prohibitions on Employee Paid “Recruitment Fees”

The latest regulatory action by the Obama administration to address human trafficking in contractor supply chains occurred on May 11, 2016 when the Federal Acquisition Regulation (FAR) Council published a proposed definition of prohibited “recruitment fees.”  The proposed definition would supplement the recently revised FAR Combating Trafficking in Persons regulations, and define “recruitment fees” for … Continue Reading
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