Welcome to our Virtual Year-End Review of Import/Export and Trade Compliance Developments Conference resource center. Baker McKenzie's international trade compliance lawyers from around the world discussed the major global legislative, judicial and administrative activities and trends in export controls, trade sanctions, customs compliance, and import requirements in nine 75-minute sessions which took place from 15 to 17 November 2022.
Below you will find the recordings and topics discussed in each of the sessions.
Day One - November 15, 2022
Export Controls Developments (USA, UK, EU, Canada)
Topics discussed:
- The global trade landscape
- Expansion of the EAR foreign direct product rules
- Controls on semiconductor and related exports to China
- Understanding the differences between Entity List designations, General Prohibition Ten "lists", Temporary Denial Orders and OFAC SDN designations
- Section 1758 emerging and foundational technology controls
- ICTS supply chain regulation
- Proposals for an outbound investment review mechanism
- EU and UK export control developments
- Canadian export control developments
Speakers: John McKenzie (Chair), Rod Hunter, Alison Stafford Powell, Lise Test, Ben Smith, Brian Cacic, Callie Lefevre
Customs and Import Regulatory Developments (USA, UK, EU, Canada)
Topics discussed:
- Review of expiring section 301 exclusions
- Court of International status of 301 dispute - USTR remand determination and final Oct. 15 reply; decision timing
- CBP's enforcement of circumvention
- USMCA active disputes and differing perspectives
- EU/ UK developments on the interaction between transfer pricing and customs
- EU/ UK focus on combatting customs fraud
- Classification audits and Development of the National Customs Authorities Audit Methods – increased importance of the Trade Data Analysis
- Forced Labor: UFLPA in action; EU forced labor measures; Supplier due diligence - what is sufficient; Practicalities in clearing shipments and navigating WROs
- Canada: Valuation considerations & recent CITT decisions
- Canada: Brief update on the CBSA's CARM Initiative
- Canada: Brief update on Canada's forced labour legislation
Speakers: John McKenzie (Chair), Meredith DeMent, Christine Streatfeild, Eunkyung Kim Shin, Jenny Revis, Nicole Looks, Lionel Van Reet
China Trade Developments and Anti-Foreign Sanctions Measures
Topics discussed:
- China's Export Control Law in action: Draft Regulations on Dual-Use Item Export Control
- China's encryption import controls
- Gearing compliance programs to comply with China's export controls
- China's reaction to new US controls on semiconductor and related exports to China and Chinese countermeasures
Speakers: John McKenzie (Chair), Frank Pan, Tina Li, Ivy Tan, Iris Zhang
Day Two - November 16, 2022
Sanctions Developments
Topics discussed:
- Russia/Ukraine: New sanctions tools in action - US, EU, UK
- Ukraine's sanctions responses
- Iran - status of JCPOA
- Cybersanctions
Speakers: Alison Stafford Powell (Chair), Janet Kim, Alex Lamy, Ben Smith, Alexander Ehrle, Hanna Shtepa
Practicalities and Challenges in Responding to Russia/Ukraine Crisis
Topics discussed:
- Pros and cons of different exit options (MBO, sale, winddown)
- Extracting value, royalties and dividends
- Funding issues
- Transitional services: people and systems
- Navigating Russian countermeasures
- Mitigating against and dealing with litigation
Speakers: Alison Stafford Powell (Chair), Vladimir Efremov (Partner, Melling, Voitishkin & Partners), Kerry Contini, Tristan Grimmer, Terry Gilroy, Jannan Crozier
Enforcement Trends and Risk Mitigation in Export Controls and Sanctions
Topics discussed:
- "Sanctions as the new FCPA"
- BIS - key policy changes to Administrative Enforcement Program
- BIS Updated Guidance on Penalty Determinations in Antiboycott Matters
- GeoIP blocking and screening expectations
- Virtual currency, crypto and real-time payment enforcement
- Gearing up for Russia-related enforcement
- Challenging designations through litigation
- OFSI ramps up enforcement
- EU enforcement coordination
- Privilege issues in investigations
Speakers: Alison Stafford Powell (Chair), Terry Gilroy, Janet Kim, Jessica Nall, Jennifer Semko, Tristan Grimmer
Day Three - November 17, 2021
Latin American Trade Developments
Topics Discussed:
- Recent developments in the Latin American region
- Common trends
- Foreign Trade Audits: What is the authority looking for?
- Free Trade Agreements:
- Planning for Latin America
- Origin Verifications
- Country-specific trends and developments
- Argentina
- Brazil
- Colombia
- Mexico
- Peru
- US Sanctions Developments: Cuba & Venezuela
Speakers: John McKenzie (Chair), Adriana Ibarra-Fernandez, Jose Hoyos, Alessandra Machado, Of Counsel at Trench Rossi Watanabe**, Esteban Ropolo, Juan David Lopez, Gonzalo Bernal, Alex Lamy
**Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law
Roundtable: Trade Compliance Programs in Crisis
Topics Discussed:
- Navigating the changing geopolitical landscape - key learnings form a year of turmoil
Speakers: John McKenzie (Chair), Sunny Mann, Rod Hunter, Jessica Nall, Alison Stafford Powell, Kerry Contini
Asia Pacific Trade Developments (Japan, ASEAN, Australia, Taiwan)
Topics discussed:
- The impact of trade disruption in the APAC region
- Sanctions and export control development and outlook
- Customs audit trend
- Recent FTA development and implementation activities
- Utilization of international ports and bonded areas for supply chain
Speakers: John McKenzie (Chair), Junko Suetomi, Ivy Tan, Anne Petterd, Louis Hsieh