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On June 9, 2021, North Carolina Governor Roy Cooper issued Executive Order 218, which targets 2.8 GW of offshore wind by 2030 and 8 GW by 2040 and anticipates the creation of 600,000 related jobs and an annual contribution to North Carolina’s economy of $70 billion. The Legal Update at the link below provides details on what the executive order requires.

https://www.mayerbrown.com/en/perspectives-events/publications/2021/06/north-carolina-a-little-late-to-east-coast-offshore-wind-race-goes-8gw-by-2040-large?utm_source=vuture&utm_medium=email&utm_campaign={vx:campaign%20name}

A district judge has temporarily suspended with general effects the amendment to the Hydrocarbons Law eliminating PEMEX’s asymmetric regulation.  Please see Legal Update at link below for all details.

https://www.mayerbrown.com/en/perspectives-events/publications/2021/06/mexico-district-judge-suspends-amendment-of-hydrocarbons-law-that-repealed-pemexs-asymmetric-regulation?utm_source=vuture&utm_medium=email&utm_campaign={vx:campaign%20name}

 

In the wake of the May 2021 ransomware attack on a major US oil pipeline, the Department of Homeland Security’s Transportation Security Administration (TSA) has released a security directive (the “TSA Directive”) to better “identify, protect against, and respond to threats to critical companies in the pipeline sector.” The TSA Directive was released on May 27, 2021, and effective the next day. The Legal Update at the link below discusses what the TSA Directive requires of critical pipeline or facility owner/operators and related considerations.

https://www.mayerbrown.com/en/perspectives-events/publications/2021/06/critical-pipeline-cybersecurity-directive-released?utm_source=vuture&utm_medium=email&utm_campaign={vx:campaign%20name}

This month the UK Government issued an updated timetable and submissions guidance for cluster sequencing for Carbon Capture Usage and Storage (CCUS) deployment. With this paper came a number of updates across its CCUS programme including:

 

  • the CCS Infrastructure Fund (CIF);
  • the Industrial CCUS Business Models;
  • Power CCUS Business Models;
  • T&S Business Models; and
  • CCUS Supply Chains: a roadmap to maximise the UK’s potential.

A “cluster” is defined as a transport and storage (T&S) network and associated first phase of at least two CO2 capture projects.

The full article is at the link below.

https://www.mayerbrown.com/-/media/files/perspectives-events/publications/2021/05/a-summary-of-beis-cluster-sequencing-for-carbon-capture-usage-and-storage-deployment-phase-1_may21.pdf

After China’s annual Two Sessions in March, policy directives by departmental ministries and provincial governments on energy transition have come into shape. The first quarter of 2021 saw the country experiencing a steady upsurge in renewable energy capacity with a total installed capacity of renewable energy amounting to 948 million kilowatts from 794 million kilowatts by the end of 2019. As China progresses towards the carbon neutrality goal of peaking carbon emissions before 2030 and reaching carbon neutrality in 2060, the local directives supply more details to the 14th Five Year Plan (the “Plan”).

Continue Reading PART II. Key Policy Directives for China’s Energy Transition: Implementation of the National 14th Five Year Plan

Please join lawyers, Greg Matlock, Phil Lau and Norman Nadorff from Mayer Brown’s Oil & Gas group for a special webinar hosted by the Brazil-Texas Chamber of Commerce on carbon capture use and sequestration.  This comprehensive, interactive event will discuss the CCUS market, how to qualify for the Section 45Q tax credit, how to finance and structure CCUS projects, and the underlying commercial contracts that will be vital to the success of the project.

Date and Time: May 25, 2021 at 2:00 PM – 3:00 PM CDT.  Program is free.

https://business.braziltexas.org/events/details/carbon-capture-use-and-sequestration-from-feasibility-to-execution-64

 

The amendment to the Hydrocarbons Law regarding asymmetric regulation has been published in the Federal Official Gazette, becoming effective as of May 20, 2021.  Additional details at the link below.

https://www.mayerbrown.com/en/perspectives-events/publications/2021/05/mexico-amendment-to-hydrocarbons-law-regarding-asymmetric-regulation-is-published?utm_source=vuture&utm_medium=email&utm_campaign={vx:campaign%20name}

Two district judges have temporarily suspended certain provisions of the amendment to the Hydrocarbons Law.  Please see full story at link below.

https://www.mayerbrown.com/en/perspectives-events/publications/2021/05/mexico-amendment-to-hydrocarbons-law-is-partially-suspended?utm_source=vuture&utm_medium=email&utm_campaign={vx:campaign%20name}

Corruption, embezzlement, fraud, these are all characteristics which exist everywhere.  It is regrettably the way human nature functions, whether we like it or not.  What successful economies do is keep it to a minimum.  No one has ever eliminated any of that stuff.

Alan Greenspan

BACKGROUND

No one knows when a government official was first bribed, but as far back as 1754 B.C. the Code of Hammurabi prohibited the practice.  As for the U.S., the first Congress passed the Federal Crimes Act which prohibited some forms of Bribery.  Traditionally bribery laws around the globe looked inward – at the subordination of domestic officials.  Virtually no attention was paid to another form of bribery – the citizens of one country bribing the officials of another to obtain business or other improper benefit.  Indeed, such practice was not only ignored, but often condoned by granting tax deductions for such payments.

Fast forward to 1977, when the U.S. Congress, in the wake of embarrassing revelations during the Watergate hearings, enacted the Foreign Corrupt Practices Act (“FCPA”).  In essence, the FCPA prohibits U.S. Persons from corruptly giving or promising anything of value to foreign governmental officials (broadly defined) in order to obtain business or other unfair advantage.  It casts a wider enforcement net by requiring covered Persons to keep accurate books and records and reliable auditing systems.  At first, there was a great wailing and gnashing of teeth by U.S. companies who claimed the FCPA would place them at a great disadvantage against less scrupulous foreign competitors.  Over time, however, many such critics learned to live with its provisions and even laud its purpose and cite its benefits.

For decades, the U.S. fought its anti-corruption and bribery (“ABC”) crusade alone.  Through pressure from the U.S., the OECD adopted the Anti-Bribery Convention in 1999 (“OECD Convention”), which requires member states to enact laws prohibiting bribery of foreign officials by their nationals (“ABC Laws”).  The Convention spawned ABC Laws, most notably the U.K. Bribery Law.  This Law goes beyond the FCPA by (i) prohibiting private bribery; (ii) extending vicarious liability, and (iii) specifically prohibiting “facilitating payments”.  Not to be outshined, many non-OECD countries significantly revamped their domestic corruption laws.[1]

Continue Reading The ABCs of Anti-Corruption and Bribery Law: What Preceded Brazil’s “Operation Car Wash” and What Comes Next?

On May 4, 2021, the first amendment to Mexico’s Hydrocarbons Law was published in the Federal Official Gazette, with the legislative process having concluded on April 22, 2021, after a heated debate during a plenary session of the Senate (the “Amendment”).

The Amendment modifies core aspects of the permits necessary to perform midstream and downstream activities in the hydrocarbons sector, giving the Energy Regulatory Commission (Comisión Reguladora de Energía, “CRE”) discretionary powers to grant and approve the assignment of permits, among other powers. For more details on the Amendment, see our previous Legal Update.

The Amendment will become effective on May 5, 2021.