Search for:

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 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

Paul Burns has over 35 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. Paul obtained his LL.B. from the University of Western Ontario. For many years, he served as the practice group coordinator of the International Commercial Practice Group in Baker McKenzie's Toronto office.

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

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 contracts, intellectual property, and 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 and New York.

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

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

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 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 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 co-leads the Firm's West Coast Trade Compliance team. She has considerable experience counseling US and non-US companies on managing trade compliance in the areas of export controls, trade and financial sanctions and US anti-boycott laws. As a dual-qualified lawyer, she provides practical advice to help non-US companies reconcile US and foreign trade regulations and on the extra-territorial impact of US trade restrictions. Chambers USA quotes clients' praise for her being "extremely knowledgeable, responsive, commercially strong and understanding complex issues well." Legal 500 describes here as an "outstanding specialist." She has worked in the Firm's London, Washington, DC and Palo Alto offices since 1996.

Author

Christine Streatfeild is a Partner in the Washington DC Office and on the Steering Committee for the North America Trade Secrets Practice. She focuses on trade remedies and unfair competition cases, including forced labor investigations, 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 in state and federal courts. Prior to joining Baker McKenzie, Christine 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. She is also on the 2021 USMCA Dispute Settlement Panels Roster (on behalf of the United States), a position she has held since 2019 (under the NAFTA). Christine focuses her practice on matters related to trade regulatory and intellectual property matters, including economic injury and damages, import duty compliance, and unfair competition allegations.

Author

Virusha Subban is a Partner in Baker McKenzie, Johannesburg office.

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.

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.

Write A Comment