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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

Author

Paul Burns has over 30 years of experience advising clients on all aspects of international trade and commodity tax, including significant experience advising on Canadian customs and export control matters. For many years, he served as the Practice Group Coordinator of the International Commercial Practice Group in Baker & McKenzie’s Toronto office.

Author

Kerry Contini is a partner in the Firm’s Outbound Trade Practice Group in Washington, DC. She has served as co-chair of the Firm's Pro Bono committee for several years and has managed award-winning pro bono work involving Baker McKenzie professionals in North America, Europe and Asia. She has written on export controls and trade sanctions issues for several publications, including The Export Practitioner and Ethisphere. Kerry is a co-chair of the Export Controls and Sanctions Section of the Association of Women in International Trade. She joined the Firm as a summer associate in 2005 and became a full-time associate in 2006.

Author

Nicholas Coward is a partner in Baker McKenzie´s Washington office and serves as chair the Firm’s Global Trade and Commerce Practice Group. He has also chaired the North American International Commercial Practice Group. He has over 30 years experience practicing in the areas of US export controls, trade sanctions and the Foreign Corrupt Practices Act. Mr. Coward served on the Washington Office management committee from 1990 to 2002 including two terms as managing partner and served on the Firm’s Executive Committee from 2002 to 2007.

Author

Jon Cowley is a member of Baker McKenzie's Hong Kong office. Jon's practice focuses on Asia-Pacific customs and trade matters, including controversy and audit support, duty and indirect tax planning, supply chain structuring and trade compliance advice. Jon returned to Baker McKenzie after spending five years as Assistant General Counsel for Customs and International Trade at a major consumer product company, where he advised the business on trade and customs issues globally. He previously was a member of Baker McKenzie’s International Trade Controversies and Planning practice in Hong Kong, where he assisted multinational companies with China customs, export control, encryption, indirect tax and cross-border regulatory matters. Earlier in his career, Jon was a trade advisor with consulting firms in Silicon Valley and Chicago.

Author

John Foote advises companies on policy, compliance and enforcement issues, with a particular emphasis on international trade. He regularly speaks and writes on issues relating to public policy and international trade.

Author

Terry Gilroy is a partner in the New York office of Baker McKenzie and a member of the Compliance and Investigations Practice Group. Prior to joining the Firm in 2018, Terry served as Americas Head of the Financial Crime Legal function at Barclays. Terry advises businesses and individuals on white collar and financial crime issues and has significant experience conducting investigations relating to compliance with the US Foreign Corrupt Practices Act (FCPA) and related bribery and corruption statutes, economic sanctions regulations as administered by the US Department of the Treasury's Office of Foreign Assets Control (OFAC), and the Bank Secrecy Act and related anti-money laundering (AML) regulations and statutes. Terry spent six years on active duty in the United States Army as a Field Artillery officer.

Author

Rod Hunter is a partner based in the Washington, DC office of Baker McKenzie. He previously served as senior director for international economics at the National Security Council (NSC), the White House office that coordinates international trade policy and supervises national security reviews conducted by the Committee on Foreign Investment in the United States (CFIUS). In that role, he managed CFIUS cases, including negotiating resolution of the most sensitive cases, coordinating the administration’s legislative, communications, and diplomatic outreach in particular cases, and developing the government’s procedures for incorporating intelligence agencies’ assessments. He also served as senior counsel at the US Trade Representative’s office, where he litigated cases before the World Trade Organization. Prior to joining the Firm, Rod served as Senior Vice President, International Affairs, at the Pharmaceutical Research and Manufacturers of America (PhRMA), where he led the industry’s international policy agenda, and as Vice President, European Government Programs, at the IBM. Earlier, he practiced regulatory law in Brussels, Belgium for a decade, served as a judicial clerk to Judge Boyce F. Martin, US Sixth Circuit Court of Appeals, and served as an associate to Chief Justice Sir Anthony Mason, High Court of Australia.

Author

Adriana has over twenty years of experience in customs and foreign trade matters. She joined Baker McKenzie in 2001, became National Partner in 2005 and a Principal in 2018. She has prior experience working as legal director of Rules of Origin, Customs Procedures and Safeguards in the Mexican Ministry of Economy where she participated in the negotiation of several free trade agreements (FTAs) and in the first dispute settlement resolution cases initiated by Mexico against the US under the NAFTA. Adriana has been ranked a leading practitioner by Chambers and Partners at Chambers Global and Chambers Latin America as well as Legal 500 for ten consecutive years. She was an associate in our Guadalajara and Washington, D.C. offices and currently Heads the Firm’s North America International Commercial Practice Group in Mexico City.

Author

Weng Keong is an associate with Baker McKenzie's Hong Kong office. His practice focuses on Singapore, Hong Kong, and China trade and customs matters. He provides advice on supply chain structures, rules of origin, customs valuation, indirect tax, FTAs, WTO rules, export controls, sanctions, and product regulatory compliance.

Author

Alexandre Lamy joined Baker McKenzie in 2009 and currently works in the Firm's International Trade Practice Group. He assists clients with sanctions and export controls (Export Administration Regulations (EAR); International Traffic in Arms Regulations (ITAR)) and he advises clients on corporate compliance matters. Since August 2011, Alex has served on the steering group for the ABA Section of International Law’s Export Controls & Economic Sanctions Committee and is currently a Vice Chair of the Committee. He has organized several events regarding recent developments in US trade sanctions and export controls for the Committee.

Author

Juliana Marques is an associate in the Firm’s San Francisco office, where her practice involves all areas of domestic and international tax law. She also worked in the Firm's Chicago office for 10 months.

Author

Ben Smith is a Senior Associate in Baker McKenzie's London office.

Author

Alison Stafford Powell has considerable experience counseling US and non-US companies on cross-border outbound trade compliance in the areas of export controls, trade and financial sanctions, anti-terrorism controls, anti-corruption and anti-money laundering rules, US anti-boycott laws, and US foreign investment restrictions under the Exon-Florio Provision. With a background also in EU and UK trade restrictions, she routinely advises non-US companies on reconciling US and EU trade regulations and on the extra-territorial impact of US trade restrictions. She is a dual US/English qualified lawyer and has worked in the Firm’s London, Washington, DC and Palo Alto offices since 1996.

Author

Christine Streatfeild is a partner in the IPTech Practice Group. She has a broad range of trade, regulatory, and litigation experience, most frequently representing clients in antidumping and countervailing duty cases, safeguard measures, duties imposed for national security purposes (Section 232 duties), and Section 337 intellectual property and trade secrets disputes. She appears before the US International Trade Commission (ITC), US Department of Commerce (DOC), and the federal courts. She also routinely advises companies regulated by the Food and Drug Administration (FDA) on issues affecting mergers, acquisitions, licensing, and compliance. Prior to joining Baker McKenzie, Ms. Streatfeild served as the acting deputy director of the Generalized System of Preferences (GSP) and in the Environment and Natural Resources division of the Office of the United States Trade Representative. She has also served as an adjunct professor at the Krieger School, Johns Hopkins University, where she taught Global Trade, Policy and Competition.

Author

Junko Suetomi is a partner in Baker McKenzie Tokyo. Prior to joining the Firm, she worked in the WTO Dispute Settlement Division of the Ministry of Foreign Affairs' Economic Bureau. She has also worked for a global law firm in Washington, DC and New York, and served as a court-appointed defense attorney in many criminal cases. Junko is recognized as a leading lawyer by Chambers Global and Chambers Asia Pacific, Best Lawyers, Who's Who Legal and other legal directories. She is the Chair of the Human Rights Committee of the Tokyo Bar Association and a part-time lecturer at Waseda University. She was a legal advisor to the Ministry of Finance Japan's Office of Trade Remedy Affairs, Tariff Policy and Legal Division, Customs and Tariff Bureau from 2016 to 2019. She has served as an expert member of the Ministry's Council on Customs, Tariff, Foreign Exchange and Other Transactions since 13 March 2019.

Author

Anahita Thoms ist Partner bei Baker & McKenzie Partnerschaft von Rechtsanwälten und Steuerberatern mbB

Author

Gene Tien works with US and foreign multinationals on transfer pricing (TP) and other economic valuation issues, with a primary focus on the planning and dispute resolution of intangible property (IP) transactions and other value-added TP flows. Dr. Tien also works on economic development issues on a pro bono basis — including international fiscal devolution, water rights, and domestic social justice research. He regularly presents and writes about developments in international TP policy.