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In keeping with tradition, we are pleased to invite you to our annual Global Year-End Review of Import/Export/Trade Compliance Developments. In lieu of our annual conference in Santa Clara, CA, we are excited to again provide a virtual offering available to all our clients and friends worldwide! The conference will be comprised of 75 minutes sessions over the course of three days. Please join us on November 16, 17 and 18 for any or all sessions.

Our international trade compliance lawyers from around the world will review the major global legislative, judicial and administrative activities and trends in export controls, trade sanctions, customs compliance, and import requirements.

Panels are listed in Pacific Standard Time, topics and speakers are subject to change.

Please click on the “Register for this session” buttons located within the agenda below to select your sessions.

Agenda

November 16 | Day One

Panel Date and TimeTopics of DiscussionSpeakers
Introduction, Trade Policy Overview and Foreign Investment Reviews

8:30 am – 9:45 am PST

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Update on the Biden Administration Trade Policy: The First Year’s Developments and Prospects
Global Trade Perspectives: The WTO Structure in Jeopardy
Foreign Investment Review (US, UK, EU and China): The New Mercantilism?
John McKenzie
Sunny Mann
Pablo Bentes
Rod Hunter
Anahita Thoms
Export Controls Development

12 pm – 1:15 pm PST

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Key US Export Control DevelopmentsStatus of BIS Implementation of the Emerging and Foundational Technologies InitiativeUpdate on the Huawei SanctionsBIS Expectations of Exporter Due Diligence: Military End-Users and Military End UsesUK Export Controls in the Post-Brexit EnvironmentEU Export Control Developments: EU Dual Use Regulation 821/2021
Cloud Computing and SaaS: A Global Perspective
Nick Coward
Alison Stafford Powell
Paul Amberg
Kerry Contini
Ben Smith
Bart McMillan
Sanctions Developments

3:00 pm – 4:15 pm PST

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US Overview: Biden AdministrationGlobalization of Sanctions: Multijurisdictional ChallengesRecent Country Program DevelopmentsBelarus SanctionsRussian SanctionsMyanmar SanctionsAfghanistan: A De Facto Embargoed Country?Other Country Program UpdatesIran SanctionsCuban SanctionVenezuelan SanctionsEvolution of Thematic Sanctions Regimes – anti-corruption, human rights, anti-terrorism, etc.Alison Stafford Powell
Janet Kim
Alexandre Lamy
Ben Smith
Brian Cacic

November 17 | Day Two

Panel Date and TimeTopics of DiscussionSpeakers
Enforcement Trends and Regulator Compliance Expectations

8:30 am – 9:45 am PST

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Considerations in making voluntary disclosures
Refresher on computation of penalties
Leading Export Control and Economic Sanctions Enforcement Cases: Lessons Learned
Export Enforcement and Economic Sanctions Enforcement Priorities under the Biden Administration
EU/UK Enforcement Activity and Approach
Ransomware
Alison Stafford Powell
Jessica Nall
Terry Gilroy
Tristan Grimmer
Helena Engfeldt
Stephen Reynolds
Spotlight on China – the US Perspective

12:00 pm – 1:15 pm PST

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Biden Administration’s Trade Policy for China: USTR Katherine Tai’s Policy Statement of October 4, 2021
Entity List Sanctions Imposed on Chinese Parties
Sanctions Imposed on Chinese Entities for Alleged Human Rights Abuses and Forced Labor
Hong Kong Autonomy Act and Possible Sanctions on Entities Undermining Hong Kong Autonomy
Implications of Designation of Chinese Entities by OFAC as Non-SDN CMCCs under Executive Order 14032
Restrictions on US Government Procurement of Chinese Origin Products
John McKenzie
Jon Cowley
Alison Stafford Powell
Kerry Contini
Iris Zhang
Spotlight on China – the China Perspective

3:00 pm – 4:15 pm PST

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China’s Responses to United States Export Restrictions and SanctionsAddressing Compliance Challenges of the Conflicts of Laws between U.S. Export Restrictions and Sanctions and the Chinese Regulatory ResponsesOther Key Chinese Legislative DevelopmentsChinese Customs Regulatory DevelopmentJohn McKenzie
Vivian Wu
Frank Pan
Tina Li
Ivy Tan
Jon Cowley

November 18 | Day Three

Panel Date and TimeTopics of DiscussionSpeakers
US and Canadian Customs and Import Developments

8:30 am – 9:45 am PST

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Update on CBP Regulatory DevelopmentsCBP and CBSA Audit and Enforcement PrioritiesCustoms Valuation on the Basis of First Sale for Export (US) and Purchaser in Canada (Last Sale)Transfer Pricing and Customs Valuation in the United States and Canada, a comparative discussionUpdate on Section 301 DutiesUnited States Government Procurement DevelopmentsJohn McKenzie
Jon Cowley
Paul Burns
Eunkyung Kim Shin
Key International Trade Developments with Major Trading Partners

12:00 pm – 1:15 pm PST

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Canada and Mexico: USMCA Developments
UK and the European Union: Update on the Free Trade Agreement
Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Rest of World DevelopmentsMercosurAfricaASEANRussia
John McKenzie
Paul Burns
Jon Cowley
Jenny Revis
Adrianna Ibarra
Virusha Subban
Ivy Tan
Vladimir Efremov 
 Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.Alessandra Machado(Of Counsel, Trench Rossi Watanabe)
Supply Chain-related Trade Risks and Regulatory Developments

3:00 pm – 4:15 pm PST

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Biden Administration Supply Chain InitiativesCommerce Department ICTS Regulations
Implementing Executive Orders 13873 and 14034Implementation of Tariff Act Section 307 Prohibitions on Imports of Products of Forced LaborOverlap with Customs Planning and Compliance, for On-shoring and Near-shoring DecisionsExport and Sanctions Compliance Risks in Supply ChainsESGHuman Trafficking LegislationRisk Mitigation – Vendor Screening, OFAC Compliance and Data Privacy ConsiderationsThe Foreign Corruption Practices Act: Interacting with Direct and Indirect Suppliers
Alison Stafford Powell
Kerry Contini
Aleesha Fowler
Maria Piontkovska
Brian Cacic

If you’re unable to attend but wish to receive materials etc, please send us your request below.

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Sign Up for a Virtual One-to-One Meeting

If you would you like to arrange a 20 minute virtual one-to-one session with one of our International Trade attorneys, please indicate the topic or question you’d like to discuss here. We’ll contact you to schedule a convenient time to meet.

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CLE, CPE, CCS, MCS, CES, MES Credit Pending

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 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

Nicholas F. Coward focuses on outbound trade compliance matters including the extraterritorial application of US law, particularly US export control laws, anti-boycott regulations and trade sanctions/embargoes. In addition, his practice covers issues of corporate conduct such as the application of the Foreign Corrupt Practices Act and foreign bribery laws. His practice includes international transactional advice, the design and implementation of corporate compliance programs, compliance audits, internal investigations and representation in enforcement proceedings.

Author

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

Author

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 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 is a Partner at Baker McKenzie, advising clients on sanctions and export controls, anti-bribery and corruption and other corporate compliance risks. He provides compliance advice to clients across these risk areas, including in the context of complex cross-border transactions, as well as supporting clients in the management of related internal and external investigations. Tristan has advised clients in respect of investigations by the Serious Fraud Office, the Office of Financial Sanctions Implementation (OFSI), the National Crime Agency, HM Revenue & Customs, and the Competition and Markets Authority, as well as in related investigations by overseas agencies, including the US Department of Justice and the Office of Foreign Assets Control (OFAC). He also counsels clients in the design and implementation of their corporate compliance programmes.
Tristan is the UK head of Baker McKenzie’s market leading international trade practice, which is ranked as Tier 1 by Legal 500 and Band 1 by Chambers UK. He is personally ranked as a Leading Individual for ‘Trade, WTO, Anti-dumping and Customs’ by Legal 500 and for ‘Sanctions’ by Chambers UK. He is the EMEA Chair of the firm's Investigations, Compliance & Ethics practice.
Tristan also advises clients – including multinationals, private equity, SOEs and SWFs – on the impact of national security policy and regulation on their business and transactional strategy, and has supported clients on numerous filings under the UK National Security and Investment Act, as well as coordinating strategy and national security filings before multiple other European and non-European agencies.

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

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

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

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

Bart McMillan leads the Chicago Office’s International Trade Compliance Subpractice within the North American International Commercial Practice. He advises US and non-US companies on international trade compliance matters arising under US export controls, trade sanctions, and antiboycott rules, as well as under US customs laws with respect to classification, valuation, country of origin, free trade agreements, and the protection of intellectual property at the US border. His practice also covers antibribery and specialized commercial compliance issues in sales and sales promotion under the US Foreign Corrupt Practices Act (FCPA), non-US antibribery law, and non-US commercial laws. Mr. McMillan has been practicing with Baker McKenzie for the entirety of his legal career, and during 2004 he was located in the Washington, DC office. He is a frequent speaker on international trade compliance matters at seminars, conferences, and company training events. While pursuing his J.D. at NYU School of Law, Mr. McMillan was Staff Editor (1997-98) and Associate Editor (1998-99), New York University Law Review; and he participated in a semester exchange to the Central European University (Budapest) (Legal Studies Dep’t).

Author

Jess is a technology investigations partner practicing at the forefront of government enforcement in the technology industry. Jess leads Baker McKenzie's investigations and compliance practice on the West Coast.
For more than two decades, Jess has defended companies and individuals in government investigations and conducted internal investigations involving cutting-edge technology issues including AI, cybersecurity, and alleged misuse of all kinds of data. Jess has defended companies and individuals across the Asia Pacific region since the first DOJ Antitrust cartel investigations in 2003, and has a deep understanding of cultural issues impacting investigations in that region and across the globe.
Jess has been recognized by Chambers & Partners, The Legal 500, and Global Investigations Review for internal investigations and defense in cases involving White Collar Crime & Government Investigations.

Author

Maria Piontkovska is an associate in Baker McKenzie's Los Angeles office. Maria advises clients on reducing anti-corruption compliance risks stemming from operating business in emerging markets and handles internal investigations and related interactions with law enforcement authorities.

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

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.

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.

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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.

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

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