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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 Amsterdam 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 obtained his law degree and M.B.A. from the University of Sao Paulo, and a master's degree in international law from the University of Miami School of Law, where he is currently an adjunct professor. He started his legal career as an associate in one of Brazil’s largest law firms in 1999. He is admitted to the bar in Brazil. Prior to joining Baker McKenzie, Pablo served as Legal Officer at the Appellate Body Secretariat of the WTO. In this capacity, he assisted Appellate Body Members to adjudicate appeals in a wide range of subject areas, including agricultural and industrial market access, subsidies, trade remedies, intellectual property, sanitary and phytosanitary measures, technical barriers to trade. among others. He also acquired in-depth knowledge of the WTO dispute settlement mechanism and the manner in which it can be best used by WTO members to resolve trade disputes. Subsequently, Pablo joined a large international firm as Managing Director, and specialized in representing WTO Members before the WTO dispute settlement mechanism. Pablo acted as lead lawyer in a number of cutting-edge WTO disputes in the areas of industrial subsidies, public health, intellectual property, financial services, and trade remedies. 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.

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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 is an associate in Baker McKenzie´s Toronto office. He primarily focuses on customs law issues as well as export control regulations compliance. He obtained his LL.B. from the University of Western Ontario, and holds a Master of Science in Mathematics and a bachelor’s degree in Mathematics and Computer Science. Mr. Cacic was also the recipient of the 2004 Governor General of Canada’s Gold Medal in recognition of his achievements in his graduate studies. Mr. Cacic is a member of the Canadian and Ontario bar associations and the Canadian Association of Importers and Exporters, among others.

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 is an associate in Baker McKenzie's International/Commercial Practice Group in San Francisco. Before joining the Firm, she was a Fellow at the Berkeley Center for Law and Technology. While attending Berkeley Law, Ms. Engfeldt was awarded the Dr. Tech. Marcus Wallenberg Foundation Fellowship and the Sweden America Foundation Fellowship.

Author

Aleesha Fowler is an associate in Baker McKenzie’s North American Litigation Practice Group in New York, New York. She has experience in the areas of white collar criminal defense, internal investigations, regulatory compliance matters, and complex civil litigation. Aleesha’s pro bono practice focuses on indigent populations. She has provided legal advice to clients seeking to assert their rights in state housing court, as well as 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 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.

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Weng Keong Kok is an associate in Baker McKenzie Hong Kong office.

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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. 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

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.

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Jessica Nall is a Principal in Baker McKenzie's San Francisco office.

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Jennifer Revis is a partner in the EU Competition and Trade Practice Group of Baker McKenzie's London office. She is acknowledged for her timely advice and responsiveness by the Legal 500. 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. Jennifer is frequently invited to speak at external conferences and regularly contributes articles to tax journals on customs matters such as De Voils Indirect Tax Journal.

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 is an associate of Baker McKenzie’s International Commercial Practice Group and the International Trade Compliance Sub-Practice Group in the Chicago office. Eunkyung advices clients on various regulatory compliance and trade issues, concentrating on the US export controls such as the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), economic and trade sanctions, US customs and import laws, the US Foreign Corrupt Practices Act (FCPA), and foreign anti-bribery laws.

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

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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.

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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.

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

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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

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.

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