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Welcome to our 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 nine one-hour sessions which took place from 13 to 15 July 2021.

Session 1: Overview & Trade Policy Landscape

Speakers: John Rood (Former U.S. Under Secretary of Defense for Policy), John McKenzie, Rod Hunter, Sunny Mann, Pablo Bentes

Topics discussed:

  • Globalization in an era of geopolitics
  • Biden Administration trade policy 6 months in
  • CFIUS and international foreign investment regulation developments
  • The evolving foreign investment regime landscape
  • World Trade Organization: Prospects and Key Priorities
  • America’s Supply Chain Focus: Supply Chain Executive Order, ICTS Executive Order, NDAA s. 889 and Buy American initiatives

https://video.bakermckenzie.com/embed?id=a9008024-d67a-423e-994d-ac5e3f156614

Session 2: Export Control Developments

Speakers: Janet Kim, Paul Amberg, Alex Lamy, Alison Stafford Powell, Ben Smith

Topics discussed:

  • Emerging and foundational technologies: implementation of the mandate of the ECRA
  • New military and military intelligence end-user/military end-use export control requirements
  • Huawei-specific “foreign direct product” rule and related licensing for 5G
  • BIS Entity List proliferation and implications
  • Hong Kong: Update on the implications of the changed status of Hong Kong
  • European and UK export control developments
    • Implications of BREXIT and divergence of regulatory approaches and requirements
    • New UK guidance on technology exports, cloud computing and remote access
  • Encryption amendments and Wassenaar Amendments implementation

https://video.bakermckenzie.com/embed?id=f36572b2-df34-4a07-9206-825bcd7ec3b5

Session 3: Economic Sanctions

Speakers: Alison Stafford Powell, Alex Lamy, Ben Smith, Kerry Contini, Sylwia Lis

Topics discussed:

  • Burma/Myanmar
  • Iran – Prospects for US rejoining the JCPOA
  • Russia
    • Major new Russia-focused sanctions authorities for Specified Harmful Foreign Activities
    • NordStream II
    • CBW sanctions
    • Implications of designation of the FSB as a NPWMD sanctioned party
    • European sanctions
    • Russian response
  • Venezuela
  • Belarus
  • EU/UK Sanctions developments and prospects post-BREXIT
  • New UK global anti-corruption sanctions

https://video.bakermckenzie.com/embed?id=e139f806-516f-4d89-86e0-f07af6ca2fc9

Session 4: Spotlight on China Trade Developments – Part 1

Speakers: Alison Stafford Powell, Kerry Contini, Aleesha Fowler, Eunkyung Kim Shin, Andrew Rose

Topics discussed:

  • Sanctions against China
    • China-related Entity List Sanctions
    • OFAC sanctions programs used against China
    • Investment Restrictions in certain Chinese Military Companies – EO 13959 and EO 14032
    • Hong Kong Autonomy Act implementation
    • European Union, UK sanctions against China
  • Trade compliance and ESG Risks and mitigation in China-related supply chains
    • State Department Advisory
    • CBP withhold release orders
    • Modern Slavery and Human Trafficking Laws
    • California Transparency in Supply Chains Act
    • Section 307 of the Tariff Act and CAATSA provisions on North Korean labor
  • Semiconductor and Advanced Packaging initiative (BIS)

https://video.bakermckenzie.com/embed?id=6c466c54-eda4-47d7-90c5-697dd90c93ea

Session 5: Spotlight on China Trade Developments – Part 2

Speakers: John McKenzie, Ivy Tan, Weng Keong Kok, Vivian Wu, Iris Zhang

Topics discussed:

  • Implementation of the Chinese export control law
  • MOFCOM’s new export control compliance program guidelines
  • China’s Encryption Law and Announcement 63: import and export restrictions
  • MOFCOM’s Order No. 4: Implementing China’s Unreliable Entity List System
  • MOFCOM’s “Blocking” Regulation: Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Legislation and Other Measures and China’s response to US and foreign sanctions
  • Implementation of China’s National Security Law in Hong Kong
  • Status and Prospects for the U.S.-China Phase One Trade Agreement

https://video.bakermckenzie.com/embed?id=16ab4f6a-c727-405a-b778-c640244c0315

Session 6: Import and Customs Developments

Speakers: John McKenzie, Alison Stafford Powell, Christine Streatfeild, Gene Tien

Topics discussed:

  • Customs Valuation
  • First sale and the CIT decision in U.S. v. Meyer
  • Transfer pricing and customs valuation
  • Section 301 Developments
  • Challenge to China lists 3-4: HMTX case status
  • The Ireland/Northern Ireland Border Issue
  • USTR product exclusion procedures
  • Country of origin analysis (USMCA and “products of China” for section 301 purposes)
  • Digital Services Tax Developments and Section 301 investigations
  • ICTS – Developments Towards Protecting the Information and Communications Technology and Services Supply Chain (EO 13873) and Protecting American’s Sensitive Data (EO 14034)

https://video.bakermckenzie.com/embed?id=e07f1d9c-54b5-4e9e-a10b-67b67564622d

Session 7: Export Control and Economic Sanctions Enforcement

Speakers: Alison Stafford Powell, Terry Gilroy, Jess Nall, Helena Engfeldt, Tristan Grimmer, Sam Kramer

Topics discussed:

  • Leading Cases: Lessons Learned
  • Export Control and Economic Sanctions Enforcement Trends
  • Expectations of Regulatory Authorities (DoJ, OFAC, OEE)
  • Ransomware – Trade compliance and data privacy issues in ransomware attacks
  • Focus on cryptocurrency and blockchain issues in sanctions compliance cases

https://video.bakermckenzie.com/embed?id=200ce767-5eb2-4d97-a08c-5cadda29b5ef

Session 8: Trade Agreements Developments

Speakers: John McKenzie, Adriana Ibarra-Fernandez, Paul Burns, Jenny Revis, Ivy Tan

Topics discussed:

  • USMCA: What we have learned in the past 18 months
  • Comprehensive Pacific Partnership: Prospects for US participation
  • The challenge of the Regional Comprehensive Economic Partnership (RCEP)
  • Prospects for a US− UK Free Trade Agreement
  • European Union − UK Free Trade Agreement
  • Various UK trade agreement initiatives
  • Transpacific Partnership (without the United States)

https://watch.bakermckenzie.com/embed?id=88290106-a956-4e5a-822e-36ea0a4606be

Session 9: Trade Developments – Rest of the World

Speakers: John McKenzie, Brian Cacic, Junko Suetomi, Weng Keong Kok, Alessandra Machado, Virusha Subban

Topics discussed:

  • Canada
  • Japan
  • ASEAN
  • Brazil
  • South Africa

https://video.bakermckenzie.com/embed?id=1db6989e-e83c-4358-96dd-cb0f1df76305

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.

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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

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.

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.

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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

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.

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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.

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.

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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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