Tag Archives: international trade

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 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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ILN Today Post

The rise and rise of trade facilitation

Originally published in Lloyd’s List

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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ILN Today Post

Confusion reigns after TPP fails to launch

After a week of intensive speculation on the successful completion of negotiations regarding the Trans-Pacific Partnership Agreement (TTPA), news from Maui is that the parties could not, in fact, reach agreement on the TPPA.

Notwithstanding vocal opposition to some aspects of the TPPA, I remain of the view that it is an important and worthwhile agreement on its own account and sets an excellent foundation for further trade initiatives. More…

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A massive week in trade law, air cargo and policy in Washington DC

In the week commencing 20 June 2015 I was fortunate to join the “Washington Doorknock” delegation organised by the American Chamber of Commerce in Australia (AmCham) and was led by Niels Marquardt, the CEO of AmCham and the former US Consul – General in Sydney (among other roles).  Our delegation joined with other American Chambers of Commerce in the Asia – Pacific region including delegations from Mongolia, Singapore, the Phillipines and Thailand. More…

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A new regime for air cargo bound for the US

*Originally published by Air Cargo Magazine*

Impending changes to Australia’s National Cargo Security Program (NCSP) relating to US – bound air cargo will require both the Office of Transport Security (OTS) of the Department of Infrastructure and Regional Development and affected industry to effect significant changes.

As a director of the Export Council of Australia (ECA) I have attended recent meetings of the Cargo Working Group (CWG) convened by the OTS.  Clearly, many members of the ECA will be affected by these changes as will others in industry. More…

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The ChAFTA finally revealed as we move towards commencement

Many would recall the excitement associated with the announcement in November 2014 that Australia and China had agreed to enter into the China – Australia Free Trade Agreement (ChAFTA)

ChAFTA finally signed

At that time, there was a release of general information on “headline” commercial benefits to be delivered through the ChAFTA.  However, since that time we have been waiting for the text on the ChAFTA which was finally released yesterday (17 June 2015) at the time it was signed on behalf of the parties.
I have only had the opportunity for a brief review of the terms of the ChAFTA but thought I would issue some comments on some of the more practical aspects which may affect those affected, whether dealing with goods or services. More…

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