Tag Archives: international trade

ILN Today Post

Tariffs on Wine, Whisky, and Cheese Provide Extra Fright This Halloween

Halloween parties are an annual tradition for many Americans. But this year Halloween may be a little spookier than usual as some popular party items could become more expensive.

On Friday, October 18, new 25% tariffs went into effect on many food and drink imports from the European Union (“EU”). These tariffs were first proposed by the United States Trade Representative (“USTR”) back in April as part of an ongoing World Trade Organization (“WTO”) dispute surrounding civil aircraft subsidies granted by the EU.[1] This month, the WTO finally ruled on the matter, siding in favor of the United States over the EU. As a result, the United States has placed $7.5 million worth of tariffs on European goods.[2]

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ILN Today Post

Turkey Sanctions Update

On October 23, 2019, the Department of Treasury Office of Foreign Assets Control (OFAC) removed the sanctions imposed in Executive Order (E.O.) 13894 on the Government of Turkey’s Ministry of National Defence and the Ministry of Energy and Natural Resources, as well as the Minister of National Defence, Minister of Energy and Natural Resources, and the Minister of the Interior. OFAC stated that the removal of the sanctions was a direct result of Turkey’s adherence to the terms of a ceasefire in Syria as agreed on October 17, 2019. Pursuant to the removal of the sanctions, all property and interests in property, which had been blocked as a result of the designation of the five persons listed above, are unblocked and all otherwise lawful transactions involving U.S. persons and these entities and individuals are no longer prohibited. 

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ILN Today Post

Lessons from the L3Harris Technologies Consent Agreement with DDTC

On September 19, 2019, the U.S. Directorate of Defense Trade Controls (“DDTC”) entered into a consent agreement with L3Harris Technologies, Inc. (“L3Harris”) for alleged violations of the Arms Export Control Act (“AECA”) and the International Traffic in Arms Regulations (“ITAR”). L3Harris, an aerospace and defense technology company, allegedly committed violations that involved the unauthorized export of defense articles and technical data, as well as a failure to provide accurate and complete reporting and violations of licenses.[1]

The L3Harris consent agreement with DDTC provides five valuable takeaways for all defense exporters:

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ILN Today Post

InsightsCBP Announces New Rule to Combat Anti-Dumping and Countervailing Duty Infractions

On August 14, 2019, the U.S. Customs and Border Patrol (“CBP”) issued a notice of proposed rulemaking requiring customs brokers to verify the identity of their importer clients, in particular non-resident importers.[1]

CBP stated that the purpose of the rule is to strengthen the agency’s ability to prevent fraudulent transactions, improve revenue protection, and help prevent the use of shell or shelf companies attempting to evade customs laws, in particular as relates to intellectual property rights, anti-dumping / countervailing duties, and health and safety requirements. CBP also asserted that creating more rigorous standards for importer verification will improve the competitiveness of brokers that comply with customs regulations. 

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ILN Today Post

State Department Proposes New Guidelines for the Export of Surveillance Technology Aimed at Addressing Human Rights Concerns

Should human rights concerns be a consideration for exporters engaged in international trade? New draft guidance proposed by the U.S. Department of State aims to provide a potential roadmap for tackling this issue.

On September 4, 2019, the State Department’s Internet Freedom and Business & Human Rights Section of the Bureau of Democracy, Human Rights, and Labor released draft guidance for “Surveillance Technology” exports.[1] If adopted, this guidance could add another layer to the export control process.

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ILN Today Post

D.C. Circuit Weighs in on Issue of Willfulness in Prosecutions for Unlawful Exports

What is the appropriate standard for determining whether a defendant has acted willfully in violation of the Arms Export Control Act (“AECA”)? On August 20, 2019, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) weighed in on this question in U.S. v. Burden. Specifically, the court examined the definition of willfulness as it relates to the unlawful exporting of defense articles without a license.[1]

Exports and imports of defense articles are governed by the AECA.  The AECA serves the purpose of furthering the national security and foreign policy of the United States and the International Traffic in Arms Regulations (“ITAR”) are the regulations that implement the AECA. In this case, the defendant was convicted for violating the AECA for exporting gun parts to Thailand without a license. During trial, the district court instructed the jury that in order to find that the defendant willfully violated the law, the jury must find that “the defendant knew that his conduct was unlawful.”[2] The jury found the defendant guilty and he appealed, arguing that his conviction should be overturned, in part, because the jury was provided with the improper standard required for a conviction. On appeal, the D.C. Circuit examined the willfulness standard provided in the district court’s instruction.

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ILN Today Post

There’s a New Economic Sanctions Sheriff in Town: the SEC

In recent years, the U.S. Securities and Exchange Commission appears to be taking a more active role in a regulatory area for which it is not traditionally associated: economic sanctions. So far this year, the SEC has sent comment letters to several major public companies, including PayPal and The Bank of New York Mellon, inquiring about business activities related to U.S. Department of the Treasury’s Office of Foreign Asset Control (“OFAC”) economic sanctions.

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ILN Today Post

Treasury Issues Proposed Regulations and Requests Public Comments

On September 17, 2019, the U.S. Department of the Treasury issued a press release announcing two proposed regulations that will implement provisions of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). The proposed regulations will be published in the Federal Register on September 24, 2019, and they will expand the jurisdiction of the Committee on Foreign Investment in the United States (“CFIUS”). Specifically, the two proposed regulations will address certain non-controlling investments and real estate investments by foreign persons. The deadline to submit comments on the proposed regulations is October 17, 2019, and pursuant to FIRRMA the regulations will take effect no later than February 13, 2020.

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ILN Today Post

ILN International Trade Specialty Group: TTIP Panel – Transatlantic Trade and Investment Partnership

TTIP Panel – Transatlantic Trade and Investment Partnership   

11334176_10153377361277792_1954530983648135005_oDuring the 2015 ILN Annual Conference in Taormina, Sicily, we welcomed panelists Consul General Colombia Barrose, U.S. Consulate General to Southern Italy and Mr. Jan E. Frydman, Ekenberg & Andersson Advokatbyrå, to a panel moderated by Mr. Antonello Corrado, EXPLegal – Italian and International Law Firm.

Following, you will find a full transcript of the discussions held in Sicily on issues of the TTIP, which we invite you to read and share with your colleagues and clients. An excerpt of the paper follows:

“Europe, the EU, is one of our key, strategic partners; not only for security reasons, but also for economic and political reasons.  Advancing this relationship through such a negotiation is therefore very important globally.  It is very important for the individual countries. It’s important for people. It’s important for people because what TTIP seeks to do is to reduce barriers – whether they are tariff barriers or non-tariff barriers.  And by doing this, we hope to be able to have more export and import from both sides.  This is good for businesses.  This is good for consumers.  And this is also good for employees.” — Colombia Barrose, U.S. Consulate General to Southern Italy

Click here to read the full paper..

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ILN Today Post

The rise and rise of trade facilitation

In recent times, there has been extensive commentary on the benefits which would flow from enhancements in trade facilitation. Conversely, at the same time there has been similar commentary as to the need to enhance levels of compliance and supply chain security to ensure that trade is safe and reported correctly and that all necessary revenues are collected. More…

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