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The Canada Border Services Agency announced anticipated annual updates to the Customs Tariff and its trade verification priorities. It has also announced the implementation date for CARM Release 2 and typical administrative and statutory trade remedy proceedings. In addition to these developments, it is possible that in 2023, Canada may implement its proposed amendments to the Valuation for Duty Regulations, continue to scrutinize the apparel industry, and apply enhanced scrutiny of imports and exports to determine whether goods were manufactured by forced or child labor or are at high risk for sanctions circumvention.

On 31 January 2023, Canada announced amendments to the Special Economic Measures (Burma) Regulations in response to the “ongoing repression of the people of Myanmar by the military”. These amendments list an additional six individuals under the Schedule of the Regulations, and include a new prohibition on the export, sale, supply or shipment of aviation fuel (wherever situated globally) destined for Myanmar or any person in Myanmar. These amendments took effect on 27 January 2023.

Baker McKenzie’s Sanctions Blog published the alert titled US Government Designates Russian Proxy Wagner Group as a Significant Transnational Criminal Organization; Sanctions Wagner Group Affiliates, Oligarch Affiliates, and Military Industrial Complex Firms on 31 January 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.

On 5 January 2023, President Biden signed the Protecting American Intellectual Property Act into law. This law seeks to deter the theft of US intellectual property by non-US actors by threatening to impose economic sanctions on those engaged in trade secrets theft. This law adds to existing measures available under US law, such as criminal prosecution, civil lawsuits, and/or designation to a US restricted parties list such as the Entity List (maintained by the US Commerce Department’s Bureau of Industry and Security).

On 17 January 2023, the US Department of Justice issued a revised version of its Criminal Division Corporate Enforcement Policy (CEP). The CEP sets out the Criminal Division’s approach to resolving cases with corporations. In particular, it addresses how the Criminal Division will credit companies which voluntarily disclose criminal conduct and cooperate during the investigation and resolution of the matter.