Welcome to our Virtual Year-End Review of Import/Export/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 16 to 18 November 2021.

Below you will find the recordings and topics discussed in each of the sessions.

Day One - November 16, 2021

Introduction, Trade Policy Overview and Foreign Investment Reviews

Topics discussed:

  • Biden Administration Trade Policy in a Multipolar World
  • In-House Perspective: Navigating Trade Policy Cross-Currents in a Multipolar World with Diverse Stakeholders
  • Foreign Investment Review (US, UK, EU and China): The New Mercantilism?

Speakers: John McKenzie, Sunny Mann, Rod Hunter

Guest Speakers: Kenneth R. Weinstein (Walter P. Stern Distinguished Fellow, Hudson Institute), Andrew Powell (Senior Vice President and Deputy General Counsel, Chief Ethics & Compliance Officer, Flex), Joshua Fitzhugh (Vice President, Global Trade, Flex)

Export Controls Development

Topics discussed:

  • Key US Export Control Developments
    • Status of BIS Implementation of the Emerging and Foundational Technologies Initiative
    • Update on the Huawei Sanctions
    • BIS Expectations of Exporter Due Diligence: Military End-Users and Military End Uses
  • UK Export Controls in the Post-Brexit Environment
  • EU Export Control Developments: EU Dual Use Regulation 821/2021
  • Cloud Computing and SaaS: A Global Perspective

Speakers: Nick Coward, Alison Stafford Powell, Kerry Contini, Ross Evans, Ben Smith, Bart McMillan

Sanctions Developments

Topics discussed:

  • US Overview: Biden Administration
  • Globalization of Sanctions: Multijurisdictional Challenges
  • Recent Country Program Developments
    • Belarus Sanctions
    • Russian Sanctions
    • Myanmar Sanctions
    • Afghanistan: A De Facto Embargoed Country?
  • Other Country Program Updates
    • Iran Sanctions
    • Cuban Sanction
    • Venezuelan Sanctions
  • Evolution of Thematic Sanctions Regimes - anti-corruption, human rights, anti-terrorism, etc.

Speakers: Alison Stafford Powell, Alexandre Lamy, Ben Smith, Brian Cacic

Day Two - November 17, 2021

Enforcement Trends and Regulator Compliance Expectations

Topics discussed:

  • Considerations in making voluntary disclosures
  • Refresher on computation of penalties
  • Leading Export Control and Economic Sanctions Enforcement Cases: Lessons Learned
  • Export Enforcement and Economic Sanctions Enforcement Priorities under the Biden Administration
  • EU/UK Enforcement Activity and Approach
  • Ransomware

Speakers: Alison Stafford Powell, Terry Gilroy, Tristan Grimmer, Helena Engfeldt, Stephen Reynolds

Spotlight on China - the US Perspective

Topics discussed:

  • Biden Administration's Trade Policy for China: USTR Katherine Tai's Policy Statement of October 4, 2021
  • Entity List Sanctions Imposed on Chinese Parties
  • Sanctions Imposed on Chinese Entities for Alleged Human Rights Abuses and Forced Labor
  • Hong Kong Autonomy Act and Possible Sanctions on Entities Undermining Hong Kong Autonomy
  • Implications of Designation of Chinese Entities by OFAC as Non-SDN CMCCs under Executive Order 14032
  • Restrictions on US Government Procurement of Chinese Origin Products

Speakers: John McKenzie, Jon Cowley, Alison Stafford Powell, Kerry Contini, Iris Zhang

Spotlight on China - the China Perspective

Topics discussed:

  • China's Responses to United States Export Restrictions and Sanctions
  • Addressing Compliance Challenges of the Conflicts of Laws between U.S. Export Restrictions and Sanctions and the Chinese Regulatory Responses
  • Other Key Chinese Legislative Developments
  • Chinese Customs Regulatory Development

Speakers: John McKenzie, Vivian Wu, Frank Pan, Tina Li, Ivy Tan, Jon Cowley

Day Three - November 18, 2021

US and Canadian Customs and Import Developments

Topics Discussed:

  • Update on CBP Regulatory Developments
  • CBP and CBSA Audit and Enforcement Priorities
  • Customs Valuation on the Basis of First Sale for Export (US) and Purchaser in Canada (Last Sale)
  • Transfer Pricing and Customs Valuation in the United States and Canada, a comparative discussion
  • Update on Section 301 Duties
  • United States Government Procurement Developments

Speakers: John McKenzie, Jon Cowley, Paul Burns, Eunkyung Kim Shin, Christine Streatfeild

Key International Trade Developments with Major Trading Partners

Topics Discussed:

  • Canada and Mexico: USMCA Developments
  • UK and the European Union: Update on the Free Trade Agreement
  • Comprehensive and Progressive Agreement for Trans-Pacific Partnership
  • Rest of World Developments
    • Mercosur
    • Africa
    • ASEAN
    • Russia

Speakers: John McKenzie, Paul Burns, Jon Cowley, Jenny Revis, Adriana Ibarra, Alessandra Machado (Of Counsel at Trench Rossi Watanabe)*, Virusha Subban, Ivy Tan, Vladimir Efremov

*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Supply Chain-related Trade Risks and Regulatory Developments

Topics discussed:

  • Biden Administration Supply Chain Initiatives
  • Commerce Department ICTS Regulations
  • Implementing Executive Orders 13873 and 14034
  • Implementation of Tariff Act Section 307 Prohibitions on Imports of Products of Forced Labor
  • Overlap with Customs Planning and Compliance, for On-shoring and Near-shoring Decisions
  • Export and Sanctions Compliance Risks in Supply Chains
  • ESG
  • Human Trafficking Legislation
  • Risk Mitigation - Vendor Screening, OFAC Compliance and Data Privacy Considerations
  • The Foreign Corruption Practices Act: Interacting with Direct and Indirect Suppliers

Speakers: Alison Stafford Powell, Kerry Contini, Aleesha Fowler, Maria Piontkovska, Brian Cacic

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