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The Ever-Changing International Trade Landscape

We are pleased to invite you to our Virtual Global Trade Conference. In lieu of our annual conference in Bellevue, WA, we are excited to again provide a virtual offering available to all our clients and friends worldwide! The conference will be comprised of nine one-hour sessions over the course of three days. Please join us on July 13, 14 and 15 for any or all sessions.

Our international trade compliance lawyers from around the world will review the major developments impacting international trade. Please see full agenda below for the details and timing of each session. You may register for each session by clicking the Register for this session buttons in the agenda below.

CLE and CPE Credit

This program has been approved for a total of 9.0 general California CLE credits, 9.0 general Illinois CLE credits, 9.0 areas of professional practice New York CLE credits and 9.0 general Texas CLE credit. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/18-12/11/21. This program is appropriate for both experienced and newly admitted New York attorneys. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.<

**While CLE/CPE credit may be pre-approved in certain jurisdictions, final CLE/CPE accreditation approval is anticipated, but not guaranteed.

Approved for a total of 9.0 NASBA CPE credits under Business Law. Baker & McKenzie North America Tax Practice Group is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.NASBARegistry.org.

CCS, CES and MES Credit

This program has been approved for 9 hours of CCS/MCS/CES/MES credit (one hour per session).

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Agenda

Panel Date and TimeTopics of DiscussionSpeakers
July 13 | Day One
Overview & Trade Policy Landscape8:00 am – 9:00 am PDTREGISTER FOR THIS SESSIONGlobalization in an era of geopoliticsBiden Administration trade policy 6 months inCFIUS and international foreign investment regulation developmentsThe evolving foreign investment regime landscapeWorld Trade Organization: Prospects and Key PrioritiesAmerica’s Supply Chain Focus: Supply Chain Executive Order, ICTS Executive Order, NDAA s. 889 and Buy American initiatives
 
John Rood 
(Former U.S. Under Secretary of Defense for Policy)
John McKenzie
Rod Hunter
Sunny Mann
Pablo Bentes 
 
Export Control Developments12:00 pm – 1:00 pm PDTREGISTER FOR THIS SESSIONEmerging and foundational technologies:  implementation of the mandate of the ECRANew military and military intelligence end-user/military end-use export control requirementsHuawei-specific “foreign direct product” rule and related licensing for 5GBIS Entity List proliferation and implicationsHong Kong: Update on the implications of the changed status of Hong KongEuropean and UK export control developments  Implications of BREXIT and divergence of regulatory approaches and requirementsNew UK guidance on technology exports, cloud computing and remote accessEncryption amendments and Wassenaar Amendments implementation Janet Kim
Paul Amberg
Alex Lamy
Alison Stafford Powell
Ben Smith
 
Economic Sanctions3:00 pm – 4:00 pm PDTREGISTER FOR THIS SESSIONBurma/MyanmarIran – Prospects for US rejoining the JCPOARussia Major new Russia-focused sanctions authorities for Specified Harmful Foreign ActivitiesNordStream IICBW sanctionsImplications of designation of the FSB as a NPWMD sanctioned partyEuropean sanctionsRussian responseVenezuelaBelarusEU/UK Sanctions developments and prospects post-BREXIT New UK global anti-corruption sanctions
 
Alison Stafford Powell
Alex Lamy
Ben Smith
Kerry Contini
Sylwia Lis
 
July 14 | Day Two
Spotlight on China Trade Developments – Part 18:00 am – 9:00 am PDTREGISTER FOR THIS SESSIONSanctions against China China-related Entity List SanctionsOFAC sanctions programs used against ChinaInvestment Restrictions in certain Chinese Military Companies – EO 13959 and EO 14032Hong Kong Autonomy Act implementationEuropean Union, UK sanctions against ChinaTrade compliance and ESG Risks and mitigation in China-related supply chains State Department AdvisoryCBP withhold release ordersModern Slavery and Human Trafficking LawsCalifornia Transparency in Supply Chains ActSection 307 of the Tariff Act and CAATSA provisions on North Korean laborSemiconductor and Advanced Packaging initiative (BIS)
 
Alison Stafford Powell
Kerry Contini
Aleesha Fowler
Eunkyung Kim Shin
Andrew Rose
 
Spotlight on China Trade Developments – Part 212:00 pm – 1:00 pm PDTREGISTER FOR THIS SESSIONImplementation of the Chinese export control lawMOFCOM’s new export control compliance program guidelinesChina’s Encryption Law and Announcement 63:  import and export restrictionsMOFCOM’s Order No. 4:  Implementing China’s Unreliable Entity List SystemMOFCOM’s “Blocking” Regulation:  Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Legislation and Other Measures and China’s response to US and foreign sanctionsImplementation of China’s National Security Law in Hong KongStatus and Prospects for the U.S.-China Phase One Trade Agreement
 
John McKenzie
Ivy Tan
Weng Keong Kok
Vivian Wu
Iris Zhang
 
Import and Customs Developments3:00 pm – 4:00 pm PDTREGISTER FOR THIS SESSIONCustoms Valuation First sale and the CIT decision in U.S. v. MeyerTransfer pricing and customs valuation Section 301 Developments Challenge to China lists 3-4:  HMTX case statusThe Ireland/Northern Ireland Border IssueUSTR product exclusion proceduresCountry of origin analysis (USMCA and “products of China” for section 301 purposes)Digital Services Tax Developments and Section 301 investigationsICTS – Developments Towards Protecting the Information and Communications Technology and Services Supply Chain (EO 13873) and Protecting American’s Sensitive Data (EO 14034)
 
John McKenzie
Alison Stafford Powell
Christine Streatfeild
Gene Tien 
 
July 15 | Day Three
Export Control and Economic Sanctions Enforcement8:00 am – 9:00 am PDTREGISTER FOR THIS SESSIONLeading Cases: Lessons LearnedExport Control and Economic Sanctions Enforcement TrendsExpectations of Regulatory Authorities (DoJ, OFAC, OEE)Ransomware – Trade compliance and data privacy issues in ransomware attacksFocus on cryptocurrency and blockchain issues in sanctions compliance cases
 
Alison Stafford Powell
Terry Gilroy
Jess Nall
Helena Engfeldt
Tristan Grimmer
Sam Kramer
 
Trade Agreements Developments12:00 pm – 1:00 pm PDTREGISTER FOR THIS SESSIONUSMCA:  What we have learned in the past 18 monthsComprehensive Pacific Partnership: Prospects for U.S. participationThe challenge of the Regional Comprehensive Economic Partnership (RCEP)Prospects for a US− UK Free Trade AgreementEuropean Union − UK Free Trade AgreementVarious UK trade agreement initiativesTranspacific Partnership (without the United States)John McKenzie
Adriana Ibarra-Fernandez
Paul Burns
Jenny Revis
Ivy Tan
Trade Developments – Rest of the World3:00 pm – 4:00 pm PDTREGISTER FOR THIS SESSIONCanadaJapanASEANBrazilSouth AfricaJohn McKenzie
Brian Cacic
Junko Suetomi
Weng Keong Kok
Alessandra Machado
Virusha Subban
Author

Paul Amberg is a partner in Baker McKenzie’s Madrid office, where he handles international trade and compliance issues. He advises multinational companies on export controls, trade sanctions, antiboycott rules, customs laws, anticorruption laws, and commercial law matters.

Author

Pablo M. Bentes is a partner in Baker McKenzie Geneva, where he represents sovereign clients before the WTO Dispute Settlement Body and assists private clients and trade associations on how to use the WTO disciplines to resolve market access issues. Pablo is one of very few practitioners in the world to have successfully represented WTO Members in all stages in WTO dispute settlement proceedings, serving as lead counsel in oral pleadings before WTO panels and the Appellate Body. Prior to joining Baker McKenzie, Pablo was Managing Director at a leading law firm in Washington DC and a Legal Officer in the Appellate Body Secretariat of the WTO. While working at the Appellate Body Secretariat, Pablo advised on some of the largest and most complex appeals giving rise to the leading case law in areas such as import restrictions, subsidies, trade remedies, technical barriers to trade, sanitary and phytosanitary measures, among others. Pablo was featured as "Next Generation Lawyer – Dispute Resolution: International Trade" in Legal 500 US for three years in a row. Law360 has repeatedly named him a "Rising Star". He is a welcomed speaker at international podiums and publishes regularly in professional journals and international media.

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

Brian Cacic assists clients on all substantive Canadian customs, trade sanctions and export controls issues, including complex customs valuation, tariff classification, rules of origin, marking, remissions and drawbacks. He assists clients to develop and implement effective customs and trade compliance programs, and he regularly conducts internal compliance reviews, prepares voluntary disclosures, and represents clients in Canadian customs compliance audits and enforcement actions. He also provides trade compliance and regulatory advice in connection with corporate restructurings, mergers and acquisitions, and advises clients on trade-related legislative matters.

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

Helena Engfeldt helps companies around the world expand their businesses internationally especially by taking privacy law compliance global. She is a partner in Baker McKenzie's International/Commercial Practice Group in San Francisco. She is licensed to practice law in California, New York and Washington.

Author

Aleesha Fowler is an associate in the Washington, DC office. She represents domestic and international corporate clients on a range of litigation and compliance matters, including criminal and civil investigations brought by the US Department of Justice and the US Securities and Exchange Commission. She regularly advises clients on white collar criminal matters, and has significant experience in handling investigations that raise issues under the Foreign Corrupt Practices Act and the US False Claims Act. Aleesha's pro bono practice is focused on providing legal advice and representation to incarcerated clients seeking parole and other available remedies.

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

Tristan Grimmer is a partner in Baker McKenzie's London office. He is a member of the Compliance & Investigations and the International Trade and Competition practice groups. Tristan joined the Firm as a trainee in March 2004, qualifying in March 2006. He has advised on parallel investigations by authorities in the United States, Switzerland, Brazil, Japan, and has spent time working in Baker McKenzie's Chicago office. Tristan was recently named as a "Next Generation Lawyer" in the UK Legal 500 2017 directory.

Author

Rod Hunter, a partner based in the Washington, DC office of Baker McKenzie, practices trade and investment law. He previously served as Special Assistant to the President for National Security Affairs and senior director for international economics at the National Security Council (NSC), the White House office that coordinates trade policy and supervises CFIUS. In that role, he managed CFIUS cases, including negotiating resolution of the most sensitive cases. A recognized expert in the field, he has testified before Congress during the legislative process leading to recent amendments to CFIUS’ authorizing legislation. Previously, in addition to coordinating U.S. trade policy at the White House’s NSC, he served as senior counsel at the US Trade Representative’s office, where he litigated cases before the World Trade Organization. He has also taught trade law and policy at the University of Virginia’s Batten School of Leadership and Public Policy and has testified before the United States-China Economic and Security Review Commission. Earlier in his career, Rod 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, served as an associate to Chief Justice Sir Anthony Mason, High Court of Australia and served as an assistant to Senator John W. Warner, US Senate.

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 Kok is an associate in Baker McKenzie Hong Kong office.

Author

Janet Kim is a partner in Baker McKenzie's Washington, DC office. Ms. Kim advises clients — including US and foreign companies —on outbound compliance issues arising from the US Foreign Corrupt Practices Act, as well as in criminal and regulatory proceedings, internal investigations and compliance reviews relating to these areas of law. She also advises on the application of these laws in cross-border transactions, including mergers and acquisitions, divestitures and joint venture arrangements. Additionally, Ms. Kim helps develop and implement workable, risk-based compliance programs for companies in a wide range of industries.

Author

Samuel G. Kramer’s practice focuses on multi-jurisdictional outsourcing, complex technology licensing, commercial contracting, and supply chain agreements and integration. He is frequently involved in outsourcing transactions and large scale IT services projects. Mr. Kramer also focuses on emerging technology services, including mobile virtual network operator (MVNO) transactions. He is the North American coordinator of the Firm’s MVNO practice.

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. Alex contributes regularly to Baker McKenzie's Sanctions & Export Controls Update blog.
Since August 2021, Alex has been the co-chair of the ABA Section of International Law’s Export Controls & Economic Sanctions Committee. Prior to that appointment, he served on the steering group and as a Vice Chair of the Committee, starting back in August 2011. Alex has organized multiple events regarding recent developments in US trade sanctions and export controls for the Committee.
Alex was recognized in Who's Who Legal 2020 Edition of its Global Guide to Trade & Customs Lawyers as a "leading individual" in North America on International Sanctions and the publication reported that he "attracts applause for delivering 'a practical service which understands the needs of the business'. His 'ready availability to clients, thorough research and strong presentation skills' are further acclaimed." He was also recognized in the 2019 Edition of the same publication as being "much sought after by clients who praise his 'advice of the highest quality' and add, 'He is technically very good on OFAC sanctions issues and military/dual use export controls.'" Alex was named by Financier Worldwide in, “POWER PLAYERS: International Trade & Sanctions 2021 - Distinguished Advisers.

Author

Sylwia Lis is a partner and member of the International Trade, Compliance and Customs Steering Committee in Baker McKenzie. She has extensive experience advising companies on US laws relating to exports and reexports of commercial goods and technology, defense trade controls and trade sanctions — including licensing, regulatory interpretations, compliance programs and enforcement matters. She also has advised clients on national security reviews of foreign investment administered by the Committee on Foreign Investment in the United States (CFIUS), including CFIUS-related due diligence, risk assessment, and representation before the CFIUS agencies.

Author

Sunny Mann is a Partner in Baker McKenzie's London office and co-leads the UK Compliance and Investigations Practice, as well as the UK International Commercial and Trade Practice. Both these practices are ranked Tier 1 by Legal 500 UK. He has also worked in our Firm's Washington DC, New York and Sydney offices. Sunny also advises many clients on risk matters in India. He advises clients (including numerous FTSE 100 and Fortune 100 businesses) on compliance and investigations with respect to export controls, trade sanctions and anti-bribery rules. The Legal 500 ranked Sunny as a “Leading Practitioner", and as "excellent", with a ‘calm’ and "very practical" approach. The India Business Law Journal also noted that Sunny is "excellent and has deep experience in India". He is a Visiting Professor at the College of Europe, the leading institute for post-graduate European studies, where he teaches a course on Corporate Compliance.

Author

Mr. McKenzie's practice is focused on cross-border transactions and international trade regulation, including: - Export Controls, Economic Sanctions Regulation, Customs and Import Regulation - Integrated Corporate Compliance and Anti-Corruption Compliance: Advisory and Investigations - International commercial and technology development and transfer transactions Mr. McKenzie was articles editor at the Harvard Law Review from 1975-1976. Between college and law school Mr. McKenzie served in the Peace Corps in the northwestern mountains of Guatemala. He joined Baker & McKenzie in 1976. Since that time, he has worked in Baker & McKenzie offices in Caracas, Venezuela and Taipei, Taiwan, in addition to San Francisco. For the past 40 years, Mr. McKenzie has arranged and chaired the annual Baker McKenzie Import/Export Conference, the leading international trade regulation and compliance conference in the West Coast of the United States.

Author

Jessica is a partner in our San Francisco and Palo Alto offices. For more than two decades, she has been deeply involved in defending a range of preeminent government enforcement cases in the tech industry in California and beyond. Jess has helped a number of well-known public and private companies navigate high-profile crisis situations involving cutting-edge government enforcement and compliance issues. She has handled dozens of internal investigations for tech companies and has defended executives, employees, and groups of witnesses as "pool counsel" in cases at the forefront of evolving government enforcement including trade secrets and economic espionage, crypto-currencies, blockchain, and financial technology. Clients appreciate Jess for her practicality, complex strategic thinking, and deft ability to assemble effective defense teams domestically and across the globe.

Author

Jennifer Revis is a partner in Baker McKenzie's London office and co-leads our EMEA Customs Team.
Jennifer focuses her practice on the public regulation of international trade, particularly in a wide range of customs compliance issues. She regularly advises clients on import matters, including customs valuation, rules of origin, and classification. She has worked with clients designing and implementing their compliance programs, policies, procedures and risk assessments, and assisting them in customs audits. She has significant experience in managing global customs projects and disputes, particularly in the area of customs valuation (transfer pricing; assists; royalties). Jennifer also advises on FTAs and trade remedies matters.
Jennifer has been consistently recognised as a "Leading Individual" for Customs & Excise and “Next Generation Partner” for Trade, WTO Anti-Dumping And Customs. Clients describe her as "an outstanding customs lawyer and litigator with fantastic experience. She is also easy to work with and leads her team with aplomb", "without a doubt, one of the best customs lawyers in the business (…) with an exceptionally deep knowledge of customs valuation concepts, as well as considerable experience applying those concepts in a variety of jurisdictions."
Jennifer has been on secondment to the UK customs authorities (Her Majesty's Revenue and Customs) in their tax and excise litigation department and to the Firm's European Law Centre in Brussels.

Author

Andrew joined Baker McKenzie's London office as a trainee in 2015 and qualified in 2017. His practice concentrates on compliance with EU/UK trade regulations, as well as anti-bribery and antitrust. Andrew previously was previously seconded to Baker McKenzie's European Competition Law Practice in Brussels.

Author

Eunkyung Kim Shin regularly advises multi-national companies on complex international trade, regulatory compliance, and customs and import law related matters. She also counsels on cross-border compliance and commercial issues.

Author

Ben Smith is a Partner in Baker McKenzie’s London office and a member of the firm’s Compliance & Investigations and International Trade practice groups. Both these practices are ranked Tier 1 by Legal 500 UK. Ben joined the London office of Baker & McKenzie in September 2007. He has also worked in Baker McKenzie's San Francisco and Brussels offices, as well as on secondment to the legal and compliance teams at three FTSE 100 UK plcs. The Legal 500 UK ranked Ben as a “Rising Star”, noting “Ben Smith is a pleasure to work with. Professional, knowledgeable and always ready to assist with practical solutions.”

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

Virusha is a partner and head of Tax in Baker McKenzie's Tax Practice Group in Johannesburg. She has over 20 years' experience in tax matters relating to customs, excise and international trade.

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 Marquis Who's Who, Asia Business Law Journal, Chambers Global and Chambers Asia Pacific, Best Lawyers, Who's Who Legal and other legal directories. She was the chair from 2019 to 2021 and now is vice 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 a bar examiner of the Ministry of Justice since November 2020. She has served as an expert member of the Ministry's Council on Customs, Tariff, Foreign Exchange and Other Transactions since 13 March 2019. She has served as an expert member of the Financial Services Agency's Financial System Council, Fund Settlement System Working Group since October 11, 2021. She also holds a Certificate in Business Analytics from the Harvard Business Analytics Program (March 2021).

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.

Author

Iris Zhang is an associate in the Firm's International Commercial & Trade Practice Group. Iris regularly assists multinational companies on sanctions, customs and export control compliance as well as other international trade matters. Before joining the Firm, Iris worked in a Chinese law firm in Beijing on regulatory compliance and risk controls relating to Chinese anti-bribery laws and US Foreign Corrupt Practices Act.

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