As of August 27, 2026. Two developments meet the materiality threshold for international trade and compliance, and for major regulated M&A.

U.S. Customs and Border Protection (CBP) has issued a final rule requiring Electronic Export Manifest (EEM) data to be transmitted through the Automated Commercial Environment (ACE) for all cargo exported by rail from the United States to Canada or Mexico. The rule was published on August 26, 2026, becomes legally effective October 26, 2026, and CBP will begin enforcement on October 26, 2027.

This rule is materially broader than the existing Electronic Export Information (EEI) regime. CBP notes that EEI is generally required only above the $2,500 threshold per Schedule B classification and is often unnecessary for exports to Canada. The new rail EEM obligation, by contrast, applies to all rail cargo and operates in addition to any applicable EEI requirements.

An initial filing containing specified data must be submitted as early as practicable, but no later than 24 hours before the train's scheduled departure from the U.S. port of export. Remaining transportation and cargo data must generally be filed at least two hours before departure. The outbound carrier is responsible for transportation and empty-container information. Cargo information may also be filed by the USPPI, FPPI, freight forwarder, NVOCC, customs broker, or another party with direct knowledge. If no other party files the cargo information, responsibility ultimately falls on the carrier.

Transmitters must also have an appropriate CBP bond securing compliance. CBP may issue Hold or Do-Not-Load instructions, and amended bond provisions permit assessment of liquidated damages for untimely or deficient transmissions.

Rail carriers, manufacturers, exporters, freight forwarders, and logistics companies involved in U.S.–Canada or U.S.–Mexico trade should begin mapping who contractually owns each EEM data element. Export and shipping agreements should allocate filing responsibility, information-delivery deadlines, accuracy warranties, indemnification for liquidated damages, and responsibility for Hold or Do-Not-Load-related costs.

Companies should also verify well before October 2027 that their carrier, custodial, or importation and entry bonds contain the required advance-export-information condition. For supply chains using Canada or Mexico as an onward transit point, the new regime gives CBP materially better data for export-control, sanctions, and diversion enforcement. Consistency among commercial invoices, AES and EEI filings, export licences, and rail-manifest data will therefore become increasingly important.

The final rule is available at CBP / Federal Register — ACE Electronic Export Manifest for Rail Cargo final rule.

The Nuclear Regulatory Commission (NRC) published a notice on August 27, 2026 formally considering the indirect transfer of numerous nuclear licences arising from the proposed NextEra Energy–Dominion Energy merger. The application covers Surry Units 1–2, North Anna Units 1–2, V.C. Summer Unit 1, Millstone Units 1–3, associated spent-fuel-storage facilities, the combined licence for North Anna Unit 3, and the North Anna Early Site Permit.

Under the merger structure described to the NRC, NextEra would become the ultimate parent holding company of Virginia Electric and Power Company, Dominion Energy Nuclear Connecticut, and Dominion Energy South Carolina. The operating utilities would continue operating their existing nuclear facilities, and the applicants state that no physical or operational plant changes are proposed.

The legal point is significant. Under 10 CFR §§ 50.80 and 72.50, control of the relevant nuclear licences cannot transfer directly or indirectly without written NRC consent. The NRC must determine that the transfer will not adversely affect the licensees' qualifications and is consistent with applicable law, regulations, and Commission orders. This notice therefore represents a substantive federal regulatory condition to closing, not merely an administrative filing.

Requests for an NRC hearing or petitions to intervene are due September 16, 2026. Public comments are due September 28, 2026.

The proceeding illustrates the layered approval structure for acquisitions of heavily regulated U.S. infrastructure businesses. Energy-sector M&A agreements should expressly allocate responsibility for NRC and state utility approvals, regulatory-efforts covenants, mitigation commitments, intervenor proceedings, long-stop dates, and termination rights.

Investors considering U.S. nuclear, energy, or strategic-infrastructure acquisitions should treat operating-licence transfer approvals as separate from antitrust, state public-utility, and—where foreign investment is involved—potential CFIUS analysis. Deal timetables and financing commitments should account for the possibility of a contested regulatory proceeding, even where no physical or operational changes are planned at the facilities.

The notice is available at NRC / Federal Register — NextEra–Dominion licence-transfer proceeding.

The August 27 developments reinforce two practical themes. First, trade-compliance obligations increasingly extend beyond traditional customs declarations: rail exporters must now prepare for a universal, time-sensitive advance-manifest regime. Second, in regulated infrastructure M&A, a change in ultimate control can trigger a separate licence-transfer approval process even when the operating business and facilities remain unchanged. Early allocation of data, regulatory, timing, and remedy risk is essential in both contexts.

This publication is for general information only and is not legal advice.