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BLOMSTEIN advises Chinese terminal operator COSCO Shipping Ports Limited (COSCO) on foreign direct investment aspects relating to its entry into the German market. COSCO is acquiring a minority stake of 35 % in Container Terminal Tollerort (CTT) from the Port of Hamburg Hamburger Hafen und Logistik AG (HHLA). The deal is subject to various FDI and merger control clearances.

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BLOMSTEIN has successfully advised Teva Pharmaceutical Industries Limited (Teva) on the German foreign direct investment aspects of its strategic licensing collaboration with MODAG GmbH (MODAG).

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A Comissão Europeia apresentou, em 17 de novembro de 2021, a “Proposta de regula-mento sobre produtos sem desmatamento” (Regulamento sobre Desmatamento ou Regulamento, cujos documentos relevantes podem ser encontrados aqui), com objetivo de evitar a comercialização em seu território de produtos associados a desmatamento ou degradação florestal. A lista de produtos é definida pelo art. 1º do Regulamento sobre Desmatamento, a saber: gado (seja o gado in natura, carne ou couro), cacau, café, óleo de palma, soja e madeira, bem como subprodutos, produtos que contenham ou que resultem dos mesmos (em conjunto, Produtos Relevantes). O Anexo I do Regulamento apresenta a lista exaustiva dos subprodutos e derivados sujeitos a suas regras.

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The European Commission has proposed on the 17th of November 2021 the “Proposal for a regulation on deforestation-free products” (Draft Deforestation Regulation, relevant documents here), a regulation to prevent the entrance into the European Union’s market of cattle (live cattle, meat and leather), cocoa, coffee, oil palm, soya and wood and certain products that either contain or are made using these together Relevant Products), associated with deforestation and forest degradation. The Relevant Products are set out in Article 1 of the Draft Deforestation Regulation, while its Annex I list the full range of by-products that are subject to its rules.

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BLOMSTEIN advises German defense AI company Helsing on its EUR 102.5 million Series A financing round with regard to German investment control law. As part of this financing round, the European investment company Prima Materia has invested around EUR 100 million in the company. Helsing was founded in 2021 with offices in Munich, Berlin and London. The software startup plans to provide AI technology to different defense and national security agencies of liberal democratic states.

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The common rules of origin and cumulation of the Pan-Euro-Mediterranean (PEM) Convention are a central instrument in the facilitation of trade and the integration of supply chains by way of preferential tariff treatment within the PEM zone, which stretches across the European Union to the other 24 contracting parties (EFTA countries, the Faroe Islands, Turkey and the Mediterranean countries of the Western Balkans, North Africa and the Middle East, including some of their neighbouring countries). The Contracting Parties have been negotiating a revision of the convention since 2012, in order for it to better reflect changing economic realities.

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BLOMSTEIN is advising ADTRAN, Inc. (ADTRAN) on the German foreign direct investment and merger control aspects of its business combination with the network technology company ADVA Optical Networking SE (ADVA). By entering into the business combination, the companies seek to become a leader in providing end-to-end fiber networking solutions.

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Roland Stein and Bruno Galvão will be editing a column at the Brazilian legal journal JOTA. JOTA is a leading specialised legal journal in Brazil, with an average of one million readers each month.

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Brazilian exporters of steel and iron, aluminium, fertilisers, and cement will have to adapt to a new export regulation in Europe. The European Commission has proposed its final draft to a new tax with major consequences for Brazilian exports, the world’s first carbon border tax called “Carbon Border Adjustment Mechanism” (CBAM).

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Exportadores brasileiros de aço e ferro, alumínio, fertilizantes e cimento deverão se adequar a novas regras de exportação para a Europa. A Comissão Europeia acaba de apresentar sua proposta final de uma nova taxação que trará grandes consequências a exportadores, o primeiro imposto aduaneiro de carbono do mundo – o mecanismo de ajustamento das emissões de carbono nas fronteiras, em inglês Carbon Border Adjustment Mechanism (CBAM).

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