Welcome to our Virtual Global Trade Conference, a virtual offering for all our clients and friends worldwide. Baker McKenzie's international trade compliance lawyers from around the world discussed the major developments impacting international trade, in 75 minutes sessions which took place from 20 to 21 July 2022.
Below you will find the recordings and topics discussed in each of the sessions.
Session 1: Export Control Developments: United States, United Kingdom, European Union
Speakers: John McKenzie, Alison Stafford Powell, Alex Lamy, Kerry Contini, Ben Smith, Paul Amberg
Topics discussed:
- Emerging and Foundational Technologies: Status of BIS Initiative
- Cybersecurity Controls
- Export Control Developments with respect to China
- Entity List Developments
- The Foreign Direct Product Rule Explained
- Semiconductor Export Control Developments and Initiatives
- Biden Administration China Export Control Policy
- United Kingdom Export Control Developments Post-Brexit
- Departures from European Union Export Controls
- General Authorizations and OGELs
- Military End-User Export Controls
- European Union Export Control Developments
- Encryption Export Controls
Session 2: Customs & Import Developments
Speakers: John McKenzie, Meredith DeMent, Christine Streatfeild, Nicole Looks, Jenny Revis, Adriana-Ibarra Fernandez, Jose Hoyos-Robles, Brian Cacic
Topics discussed:
- The Uyghur Forced Labor Prevention Act (UFLPA)
- The Forced Labor Task Force Report and CBP Enforcement
- Other Forced Labor Issues
- Responding to CBP Withhold Release Orders
- UK/EU Forced Labor Developments
- Section 301 Developments
- The HTMX Case: Status Report of CIT Litigation and USTR Responses
- Prospects for Extension, Mitigation and Removal
- The USMCA: A Multinational Analysis: United States, Mexico, Canada
- Customs Valuation and Transfer Pricing: A Multinational Analysis: United States, Canada, United Kingdom, European Union
- The United Kingdom Import Trade Position and Initiatives: Post Brexit
Session 3: China Export and Trade Developments
Speakers: John McKenzie, Frank Pan, Tina Li, Ivy Tan
Topics discussed:
- Implementation of China's Export Control Law
- Draft Regulations on Dual-Use Export Controls
- National Security Risk Assessment under the Export Control Law
- MOFCOM Guidance on Export Compliance Procedures
- Cybersecurity Law
- Importing and Exporting Encryption Products
- Network Security Products Market Access
- China's Anti-Foreign Sanctions Legislation
- Jurisdictional Scope
- Enforcement Policy and Prospects
- China's Reaction to Russia Sanctions, the UFLPA and Other Foreign Sanctions
- China's Pilot Project Approach to Transfer Pricing and Customs Valuation
Session 4: Sanctions Responses to the Russian Invasion of Ukraine
Speakers: Alison Stafford Powell, Brian Cacic, Terry Gilroy, Hanna Shtepa, Ben Smith, Anne Petterd
Topics discussed:
- Overview of the United States, Canadian, United Kingdom, European Union Sanctions
- Product and Technology Controls: A Comparative Analysis
- Navigating OFAC's Directives, Determinations and General License
- New Approaches to Sanctions
- Russia-related Foreign Direct Product Rule
- Restrictions on Furnishing Services
- Sanctions Based on Schedule B/HTS Numbers
- Crypto Sanctions
- Payment Issues to and from Russia
- Scope of Sanctions on Russian Banks
- Payment of Taxes, Intellectual Property Registration and Renewal Fees
- Prohibitions on "New Investments"
- Regulatory Considerations and Challenges on Wind-Down, Suspension and Termination of Operations in Russia
- Ukraine's Sanctions Laws and Regulations
- Prohibition on "Collaboration" with Aggressor States
- Other Countries Sanctions: Australia and Singapore
Session 5: Russian Counter Measures
Speakers: John McKenzie, Alexander Korkin, Vladimir Efremov, Teresa Michaud
Topics discussed:
- Financial Measures and Restrictions on Outbound Remittance of Funds
- Currency Controls
- Ruble Payment Requirements for Energy Exports
- Export Restrictions
- Nationalization and Government Administration of Foreign-owned Entities
- Criminalization of Compliance with Foreign Sanctions
- Suspension of FSTEC Software Certificates
- Restrictions on Validity and Enforcement of Foreign-Owned Intellectual Property Rights
- Contract Performance, Application of Sanctions, and Force Majeure
Session 6: Export and Sanctions Enforcement
Speakers: Alison Stafford Powell, Terry Gilroy, Ben Smith, Paul Amberg, John McKenzie
Topics discussed:
- Changes in BIS Export Enforcement Policy: Statements by Assistant Secretary Michael Axelrod
- OFAC Sanctions Enforcement
- Leading Export Control and Sanctions Enforcement Cases
- Export Control and Sanctions Enforcement in the United Kingdom
- Export Control and Sanctions Enforcement in the European Union