Welcome to our first 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 eight one-hour sessions which took place from 14 to 16 July 2020.
Below you will find the recordings and topics discussed in each of the sessions.
Session 1: Current Trade and Investment Landscape
Topics discussed:
- Trade winds and regulatory trends in the global trade war and post-COVID-19
- Foreign direct investment trends
- A comparative view: The evolution of US (CFIUS), EU and Japan’s foreign investment regimes
Speakers: John McKenzie, Thilo Hanemann, Rod Hunter, Junko Suetomi, Anahita Thoms
Session 2: USMCA and Future US/UK Trade Agreement
Topics discussed:
- USMCA implementation – what to know and what to do next
- Prospects for a US-UK Free Trade Agreement
- Brexit: Trade relations between the UK and the EU
Speakers: John McKenzie, Adriana Ibarra-Fernandez, Paul Burns, Jennifer Revis
Session 3: Import Developments
Topics discussed:
- Section 301 tariffs, first sale valuation and duty drawback mitigation strategies and product exclusions
- China’s responses to Section 301 duties and mitigation strategies
- Section 301 investigation into digital services taxes
- New Section 232 investigations into the effects of imports on national security
- Transfer pricing and customs valuation
Speakers: John McKenzie, Jon Cowley, Juliana Marques, Stuart Seidel, Christine Streatfeild, Gene Tien
Session 4: Export Control Developments
Topics discussed:
- Expansion of EAR de minimis and foreign direct product rules
- Expansion of EAR military end-user/end-use controls
- EAR Entity Listings
- Update on Emerging and Foundational Technologies
- EU export control reform and updates
Speakers: John McKenzie, Nicholas Coward, Ben Smith, Alison Stafford Powell
Session 5: Economic Sanctions Developments
Topics discussed:
- New OFAC rules on rejected transaction reporting
- Venezuela sanctions developments
- Iran Developments: Status of JCPOA; US Secondary Sanctions; EU Blocking Regulation Cases
- Other Programs: Russia, Cuba, Nicaragua, North Korea, cyber sanctions
Speakers: Alison Stafford Powell, Kerry Contini, Alexandre Lamy, Ben Smith
Session 6: Export Sanctions Enforcement
Topics discussed:
- Regulator Expectations: DOJ Guidelines on Voluntary Disclosures and OFAC’s Framework for OFAC Compliance Commitments
- UK Corporate Compliance Offense
- Recent US and EU enforcement trends, key cases
Speakers: Alison Stafford Powell, Terence Gilroy, Jessica Nail, Ben Smith
Session 7: The View from China and Hong Kong
Topics discussed:
- China Import Issues: Encryption Law and Cybersecurity Law Implementation
- China’s Export Control Law
- Hong Kong’s Status – PRC Draft National Security Law and the US Response
- Prospects for the US-China Phase One Agreement
Speakers: John McKenzie, Jon Cowley, Weng Keong Kok, Ivy Tan
Session 8: Rebuilding Supply Chains
Topics discussed:
- Trade-related issues – import restrictions, the Information and Communications Technology and Services Supply Chain proposed regulations, section 889 of the National Defense Authorization Act, bulk power system grid security and supply chain), “tariff planning” opportunities and challenges, C-TPAT and AEO, U.S. Government procurement implications under the Trade Agreements Act
- Security (reliability) of supply chains, including lessons learned from the COVID-19 pandemic, implications of continuing “trade wars”, domestic production considerations, etc.
- Corporate social responsibility in Supply Chains, including environmental, labor and employment, human rights, and anti-corruption/FCPA considerations
Speakers: John McKenzie, Kerry Contini, John Foote, Rod Hunter, Stuart Seidel, Alison Stafford Powell