In keeping with tradition, we are pleased to invite you to our annual Year-End Review of Import/Export Developments. In lieu of our annual conference in Santa Clara, CA, we are excited to provide a virtual offering available to all our clients and friends worldwide! The conference will be comprised of nine one-hour sessions over the course of three days. Please join us on November 17, 18 and 19 for any or all sessions.

Our international trade compliance lawyers from around the world will review the major global legislative, judicial and administrative activities and trends in export controls, trade sanctions, customs compliance, and import requirements.

Registration links are embedded in the agenda below. Please click on "Register for session" within the agenda to select your sessions.

Panels are listed in Pacific Standard Time. Topics and speakers are subject to change.

 

Agenda

November 17 | Day One

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Panel Date and Time

Topics of Discussion

Speakers

Introduction and Overview

8 am - 9 am PST

Register for session




 

  • Current Worldwide Trade & Investment Environment
  • New Administration's Trade Policy Objectives and Prospects
  • Foreign Investment Regulatory Developments
    • CFIUS Developments
    • UK Foreign Investment Regulation
    • EU Foreign Investment Regulation
    • Japanese Foreign Investment Regime

John McKenzie
Mattias Hedwall
Rod Hunter
Anahita Thoms
Junko Suetomi

Export Control Developments

12 pm - 1 pm PST

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  • The Military End-User Licensing Requirements for China, Russia and Venezuela
    • Evaluation of Customers against the "military end-user criteria"
    • Implications of the DoD Lists of "Chinese military companies"
  • The New "Foreign Direct Product" Rule
  • Entity List Restrictions
    • "Party to the Transaction" Rule
    • Human Rights Entity List Sanctions
    • Parties Sanctioned for Involvement with the South China Sea Military Bases
  • Change in the Status of Hong Kong for Export Control Purposes
  • Update on the Emerging and Foundational Technologies Export Control Initiative
  • European Union Export Control Developments
  • The Export Control Implications of Brexit

Nick Coward
Alison Stafford Powell
Paul Amberg
Ben Smith

 

Focus on China

3 pm - 4 pm PST

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  • The Chinese National Security Law and Hong Kong
  • The New Chinese Export Control Regulations and Update on the China Technology Transfer Catalogue
  • The Regulations Implementing China's "Unreliable Entity List"
  • Executive Order 13943: Securing the Information and Communications Technology and Services Supply Chain
    • Status of Commerce Department's Proposed Regulations
    • Update on the Application of Executive Order 13943 Restrictions on TikTok and WeChat
  • Section 889 of the NDAA for 2019: U.S. Government restrictions on procurement of "covered telecommunications equipment and services" from specified Chinese suppliers
  • Human Rights Abuses involving Minority Population of Xinjiang Province
    • State Department Advisory
    • Global Magnitsky Sanctions
    • CBP Withhold Release Orders of Importation of Products of Specified Chinese Suppliers
  • Status Report and Prospects of the "Phase One Trade Agreement"
John McKenzie
Jon Cowley
Alison Stafford Powell
Weng Keong Kok

 

November 18 | Day Two

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Panel Date and Time

Topics of Discussion

Speakers

Economic Sanctions Developments

8 am - 9 am PST

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  • Hong Kong Autonomy Act
    • Sanctions Implications and Prospects
  • Iran Sanctions
    • United States and European Union Point and Counterpoint
    • United States Demand to the United Nations for "Snap-Back" of Sanctions
  • Update on Venezuelan Sanctions
  • Update on Russian Sanctions
    • Status of Russia's Response to U.S. and EU Sanctions
  • Emerging Sanctions Issues: Cybersecurity, Human Rights, Election Interference
  • OFAC Developments
    • OFAC Framework for Sanctions Compliance Programs
    • OFAC Advisories
    • OFAC Rejected Transactions Reporting Requirements
  • Status Report on Pending Litigation under the Helms-Burton Act involving investments in Cuba

 

Alison Stafford Powell
Janet Kim
Alex Lamy
Ben Smith
Vladimir Efremov

 

Export Control and Economic Sanctions Enforcement Developments

12 pm - 1 PST

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  • Department of Justice Voluntary Disclosure Guidelines
  • Recent Export Control and Economic Sanctions Enforcement Actions
    • Customer Screening Cases
    • Removal of Parties from the OFAC SDN List
    • Lessons Learned
  • EU Economic Sanctions Enforcement Actions
    • Implications of Brexit for EU Sanctions Implementation and Enforcement
  • Handling an Export Control or Economic Sanctions Enforcement Investigation
  • The Role of Banks in Economic Sanctions Enforcement

Alison Stafford Powell
Jessica Nall
Terry Gilroy
Tristan Grimmer

 

Trade Agreements Developments

3 pm - 4 pm PST

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  • USMCA
    • Material Changes from NAFTA
    • Compliance Challenges for Importer
  • Brexit
    • Post-Brexit Trade Relations between the United Kingdom and the European Union
      • Implications of a "no deal" Brexit
      • The Ireland/Northern Ireland Border Issue
  • Prospects for a United States-United Kingdom Free Trade Agreement
  • Transpacific Partnership (without the United States)
    • Current Status
    • Lost Opportunities and Prospects for United States Participation
John McKenzie
Adriana Ibarra
Jose Hoyos
Stuart Seidel
Paul Burns
Brian Cacic
Jenny Revis

 

November 19 | Day Three

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Panel Date and Time

Topics of Discussion

Speakers

Import and Customs Developments: United States

8 am - 9 am PST

Register for session





 

  • Overview of United States Customs Developments
    • Opportunities Offered by Duty Drawback Programs
  • Update on Section 301 Duties on Products of China
    • Updates on Product Exclusions
    • Status of the HMTX Challenge in the
      Court of International Trade to the List 3 Section 301 Duties
    • Proposal to Exclude Section 301 Duties from the Section 321 Low-Value Duty Exemption
  • The Digital Services Tax Dispute
    • Explanation of the Digital Services Tax
    • Section 301 Duties on French Goods
    • Pending Section 301 Investigation with respect to Other Countries' Proposed Digital Services Tax
  • Transfer Pricing and Customs Valuation

 

John McKenzie
Stuart Seidel
Christine Streatfeild
Juliana Marques

 

Import and Customs Developments: International

12 pm - 1 pm PST

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  • European Customs Developments
    • The Hamamatsu Decision and Post Importation Pricing Adjustments
    • The BMW Decision and Valuation of Bundled Hardware and Software
  • Import Developments in North America
    • Canada
    • Mexico
  • Compliance Challenges in Importing into Brazil
  • Asia/Pacific Customs Developments
    • Opportunities Offered by Regional Free Trade Agreements
    • Japan/Korea Export Restrictions

John McKenzie
Jenny Revis
Paul Burns
Adriana Ibarra
Alessandra Machado
Ivy Tan
Junko Suetomi

 

Rebuilding International Supply Chains

3 pm - 4 pm PST

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  • Continued Pressure to Reduce Dependency on China
  • Forced Labor and Modern Slavery and Trafficking Legislation
    • Increased Enforcement of Section 307 of the Tariff Act by CBP
  • Screening Parties against the OFAC SDN List
    • Data Privacy Considerations under the GDPR
  • Compliance Challenges and Due Diligence of Suppliers and Customers under the FPCA
  • Supply Chains Reimagined and the "Extended Enterprise"
    • Application of Environmental, Social and Governance (ESG) Principles to Supply Chains
Alison Stafford Powell
Anne Petterd
Reagan Demas
Kerry Contini
Helena Engfeldt

 

CLE, CPE, CCS, MCS, CES, MES Credit

This program has been approved for a total of 9.0 general California CLE credits, 9.0 general Illinois CLE credits, 9.0 areas of professional practice New York CLE credits and 9.0 general Texas CLE credit. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/18-12/11/21. This program is appropriate for both experienced and newly admitted New York attorneys. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.

**While CLE/CPE credit may be pre-approved in certain jurisdictions, final CLE/CPE accreditation approval is anticipated, but not guaranteed.

Approved for a total of 9.0 NASBA CPE credits under Business Law. Baker & McKenzie North America Tax Practice Group is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: http://www.NASBARegistry.org

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This program has been approved for 9 hours (1 hour per session) CCS/MCS/CES/MES credit.