Sabine Naugès
Sabine Naugès counsels clients on all aspects of public law, including administrative and regulatory, competition and constitutional law. Among other high-profile clients, Sabine has advised telecommunications companies France Télécom and Orange on regulatory matters in cases before administrative and commercial courts, and before EU and French competition authorities. She also regularly represents major companies with interests in a wide range of industries, including aerospace, energy, oil and gas, and public health care, before the French government and in litigation, in a range of regulatory and administrative matters.
Quarterly Sanctions Update | Q3 2024
By Raminta Dereskeviciute, Sabine Naugès and Michal Chajdukowski on Oct 8, 2024
Posted In Sanctions & Export Control
Although the European Union and the United Kingdom did not introduce new sanctions against Russia over the summer, they extensively focused on the implementation of the existing measures and their enforcement. This week, however, a new package of sanctions aimed at tackling hybrid operations by the Russian government has been agreed upon, and is expected...
Continue Reading
EU Member States Implement Additional Measures to Regulate Export of Non-Listed Dual-Use Items
By Raminta Dereskeviciute, Sabine Naugès and Michal Chajdukowski on Oct 4, 2024
Posted In Sanctions & Export Control
Member States in the European Union have taken additional measures beyond Regulation (EU) 2021/821 to control exports of dual-use items. More than half have extended authorization requirements for non-listed dual-use items suspected of being intended for military “end-use.” Additionally, five Member States have imposed export authorization for cyber-surveillance items linked to internal repression and serious...
Continue Reading
BIOSECURE Act: US to Target Chinese Biotechnology Companies
By Sabine Naugès and Llewelyn Engel on Sep 26, 2024
Posted In Compliance, Foreign Investment
On September 9, the US House of Representatives passed H.R. 8333, known as the BIOSECURE Act, targeting WuXi AppTec, BGI, MGI, Complete Genomics, WuXi Biologics and Chinese biotechnology companies more broadly. Measures & Context If signed into law, the BIOSECURE Act would prohibit entities that receive US federal funding from doing business with foreign biotechnology...
Continue Reading
EU Court of Justice Upholds Confiscation of Proceeds from Brokering Services Relating to Russian Goods
By Sabine Naugès and Michal Chajdukowski on Sep 13, 2024
Posted In Sanctions & Export Control
Highlights In a recent ruling, the Court of Justice of the European Union (CJEU) upheld the legality of confiscating the proceeds from brokering services relating to military equipment manufactured in Russia and sold from Ukraine to India, without entering the European Union. This decision highlights the increasingly broad reach of EU sanctions and the EU’s...
Continue Reading
Would the Transfer of a Sanctioned Entity’s Shares to a Trust be Effective Enough to Ensure an EU Company’s Shares are No Longer Under the Control of, or Related to, a Sanctioned Shareholder?
By Sabine Naugès and Fabio Cozzi on Sep 5, 2024
Posted In Sanctions & Export Control
Given the depth of the Russian sanctions, some EU companies that are directly or indirectly owned by sanctioned entities have considered transferring the company’s shares to a trust. This divestment mechanism allows for a temporary transfer of ownership, with the trust assets isolated in an autonomous entity, separate from the settlor’s own assets. The overall...
Continue Reading
Quarterly Sanctions Update | Q2 2024
By Sabine Naugès, Raminta Dereskeviciute and Michal Chajdukowski on Jul 8, 2024
Posted In Sanctions & Export Control
On June 24, 2024, the European Union adopted its 14th sanctions package. While the focus of this package was to curb the violation and circumvention of sanctions through the introduction of due diligence obligations for non-EU subsidiaries, or the expansion of “no re-export to Russia” clause requirement, ample other amendments were also introduced, such as...
Continue Reading
Export Controls in the Aeronautics, Space and Defense Sector | Conference Key Takeaways
By Sabine Naugès on Jun 20, 2024
Posted In Sanctions & Export Control, Transport & Logistics
Export control in the aerospace and defense (ASD) sector is a critical and complex issue. At the European level, one of the main standards for export control in the ASD sector is the regulation governing dual-use goods. However, within the European Union, regulations can vary significantly between Member States. This regulatory landscape indicates the necessity...
Continue Reading
Private Equity Firms Beware | Inflation Reduction Act Likely to Trigger FSR Obligations
By Sabine Naugès and Stéphane Dionnet on Jun 11, 2024
Posted In Foreign Subsidies, Public Procurement
One year after its entry into force on July 12, 2023, the Foreign Subsidies Regulation (FSR) continues to make headlines. The FSR allows he European Commission (EC) to investigate financial contributions granted by non-EU governments to companies active in the European Union and to impose measures to redress any uncovered distortive effects. Contrary to expectations,...
Continue Reading
Spotlight on the “Partner Countries” Exemption from Sanctions against Russia
By Raminta Dereskeviciute, Fabio Cozzi, Sabine Naugès, Dr. Alexa Ningelgen, Renate Prinz, Michal Chajdukowski, Benoit Feroldi, Kai Grandpierre and Dr. Tim Oliver Weill on Jun 7, 2024
Posted In Sanctions & Export Control
From June 20, 2024, EU companies with a presence in Russia will no longer be able to rely on the “partner countries” exemption and will be required to obtain, or rely on, a licence to provide business services and/or software to their Russian entities. Competent authorities of the EU Member States responsible for granting licences...
Continue Reading
Extended Screening of Foreign Investment in France: A Risk of Incompatibility with Company Law?
By Sabine Naugès and Professor Rémi Dalmau on May 7, 2024
Posted In France, Foreign Investment
Control of foreign direct investments in France (FDI) has been steadily tightened since 2014. The provisions of Articles L. 151-3 and R. 151-1 et seq. of the French Monetary and Financial Code (CMF), as supplemented by the Decree of December 31, 2019, organize this national screening mechanism based on the prior authorization of certain investments...
Continue Reading
