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 nine one-hour sessions which took place from 13 to 15 July 2021.
Session 1: Overview & Trade Policy Landscape
Speakers: John Rood (Former U.S. Under Secretary of Defense for Policy), John McKenzie, Rod Hunter, Sunny Mann, Pablo Bentes
Topics discussed:
- Globalization in an era of geopolitics
- Biden Administration trade policy 6 months in
- CFIUS and international foreign investment regulation developments
- The evolving foreign investment regime landscape
- World Trade Organization: Prospects and Key Priorities
- America's Supply Chain Focus: Supply Chain Executive Order, ICTS Executive Order, NDAA s. 889 and Buy American initiatives
Session 2: Export Control Developments
Speakers: Janet Kim, Paul Amberg, Alex Lamy, Alison Stafford Powell, Ben Smith
Topics discussed:
- Emerging and foundational technologies: implementation of the mandate of the ECRA
- New military and military intelligence end-user/military end-use export control requirements
- Huawei-specific "foreign direct product" rule and related licensing for 5G
- BIS Entity List proliferation and implications
- Hong Kong: Update on the implications of the changed status of Hong Kong
- European and UK export control developments
- Implications of BREXIT and divergence of regulatory approaches and requirements
- New UK guidance on technology exports, cloud computing and remote access
- Encryption amendments and Wassenaar Amendments implementation
Session 3: Economic Sanctions
Speakers: Alison Stafford Powell, Alex Lamy, Ben Smith, Kerry Contini, Sylwia Lis
Topics discussed:
- Burma/Myanmar
- Iran - Prospects for US rejoining the JCPOA
- Russia
- Major new Russia-focused sanctions authorities for Specified Harmful Foreign Activities
- NordStream II
- CBW sanctions
- Implications of designation of the FSB as a NPWMD sanctioned party
- European sanctions
- Russian response
- Venezuela
- Belarus
- EU/UK Sanctions developments and prospects post-BREXIT
- New UK global anti-corruption sanctions
Session 4: Spotlight on China Trade Developments - Part 1
Speakers: Alison Stafford Powell, Kerry Contini, Aleesha Fowler, Eunkyung Kim Shin, Andrew Rose
Topics discussed:
- Sanctions against China
- China-related Entity List Sanctions
- OFAC sanctions programs used against China
- Investment Restrictions in certain Chinese Military Companies - EO 13959 and EO 14032
- Hong Kong Autonomy Act implementation
- European Union, UK sanctions against China
- Trade compliance and ESG Risks and mitigation in China-related supply chains
- State Department Advisory
- CBP withhold release orders
- Modern Slavery and Human Trafficking Laws
- California Transparency in Supply Chains Act
- Section 307 of the Tariff Act and CAATSA provisions on North Korean labor
- Semiconductor and Advanced Packaging initiative (BIS)
Session 5: Spotlight on China Trade Developments - Part 2
Speakers: John McKenzie, Ivy Tan, Weng Keong Kok, Vivian Wu, Iris Zhang
Topics discussed:
- Implementation of the Chinese export control law
- MOFCOM's new export control compliance program guidelines
- China’s Encryption Law and Announcement 63: import and export restrictions
- MOFCOM’s Order No. 4: Implementing China’s Unreliable Entity List System
- MOFCOM’s "Blocking" Regulation: Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Legislation and Other Measures and China's response to US and foreign sanctions
- Implementation of China’s National Security Law in Hong Kong
- Status and Prospects for the U.S.-China Phase One Trade Agreement
Session 6: Import and Customs Developments
Speakers: John McKenzie, Alison Stafford Powell, Christine Streatfeild, Gene Tien
Topics discussed:
- Customs Valuation
- First sale and the CIT decision in U.S. v. Meyer
- Transfer pricing and customs valuation
- Section 301 Developments
- Challenge to China lists 3-4: HMTX case status
- The Ireland/Northern Ireland Border Issue
- USTR product exclusion procedures
- Country of origin analysis (USMCA and "products of China" for section 301 purposes)
- Digital Services Tax Developments and Section 301 investigations
- ICTS - Developments Towards Protecting the Information and Communications Technology and Services Supply Chain (EO 13873) and Protecting American's Sensitive Data (EO 14034)
Session 7: Export Control and Economic Sanctions Enforcement
Speakers: Alison Stafford Powell, Terry Gilroy, Jess Nall, Helena Engfeldt, Tristan Grimmer, Sam Kramer
Topics discussed:
- Leading Cases: Lessons Learned
- Export Control and Economic Sanctions Enforcement Trends
- Expectations of Regulatory Authorities (DoJ, OFAC, OEE)
- Ransomware - Trade compliance and data privacy issues in ransomware attacks
- Focus on cryptocurrency and blockchain issues in sanctions compliance cases
Session 8: Trade Agreements Developments
Speakers: John McKenzie, Adriana Ibarra-Fernandez, Paul Burns, Jenny Revis, Ivy Tan
Topics discussed:
- USMCA: What we have learned in the past 18 months
- Comprehensive Pacific Partnership: Prospects for US participation
- The challenge of the Regional Comprehensive Economic Partnership (RCEP)
- Prospects for a US− UK Free Trade Agreement
- European Union − UK Free Trade Agreement
- Various UK trade agreement initiatives
- Transpacific Partnership (without the United States)
Session 9: Trade Developments - Rest of the World
Speakers: John McKenzie, Brian Cacic, Junko Suetomi, Weng Keong Kok, Alessandra Machado, Virusha Subban
Topics discussed:
- Canada
- Japan
- ASEAN
- Brazil
- South Africa