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Welcome to our Virtual Year-End Review of Import/Export/Trade Compliance Developments Conference resource center. Baker McKenzie’s international trade compliance lawyers from around the world discussed the major global legislative, judicial and administrative activities and trends in export controls, trade sanctions, customs compliance, and import requirements in nine 75 minute sessions which took place from 16 to 18 November 2021.

Below you will find the recordings and topics discussed in each of the sessions.

Day One – November 16, 2021

Introduction, Trade Policy Overview and Foreign Investment Reviews

Topics discussed:

  • Biden Administration Trade Policy in a Multipolar World
  • In-House Perspective: Navigating Trade Policy Cross-Currents in a Multipolar World with Diverse Stakeholders
  • Foreign Investment Review (US, UK, EU and China): The New Mercantilism?

Speakers: John McKenzie, Sunny Mann, Rod Hunter

Guest Speakers: Kenneth R. Weinstein (Walter P. Stern Distinguished Fellow, Hudson Institute), Andrew Powell (Senior Vice President and Deputy General Counsel, Chief Ethics & Compliance Officer, Flex), Joshua Fitzhugh (Vice President, Global Trade, Flex)

Export Controls Development

Topics discussed:

  • Key US Export Control Developments
    • Status of BIS Implementation of the Emerging and Foundational Technologies Initiative
    • Update on the Huawei Sanctions
    • BIS Expectations of Exporter Due Diligence: Military End-Users and Military End Uses
  • UK Export Controls in the Post-Brexit Environment
  • EU Export Control Developments: EU Dual Use Regulation 821/2021
  • Cloud Computing and SaaS: A Global Perspective

Speakers: Nick Coward, Alison Stafford Powell, Kerry Contini, Ross Evans, Ben Smith, Bart McMillan

Sanctions Developments

Topics discussed:

  • US Overview: Biden Administration
  • Globalization of Sanctions: Multijurisdictional Challenges
  • Recent Country Program Developments
    • Belarus Sanctions
    • Russian Sanctions
    • Myanmar Sanctions
    • Afghanistan: A De Facto Embargoed Country?
  • Other Country Program Updates
    • Iran Sanctions
    • Cuban Sanction
    • Venezuelan Sanctions
  • Evolution of Thematic Sanctions Regimes – anti-corruption, human rights, anti-terrorism, etc.

Speakers: Alison Stafford Powell, Alexandre Lamy, Ben Smith, Brian Cacic

Day Two – November 17, 2021

Enforcement Trends and Regulator Compliance Expectations

Topics discussed:

  • 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

Speakers: Alison Stafford Powell, Terry Gilroy, Tristan Grimmer, Helena Engfeldt, Stephen Reynolds

Spotlight on China – the US Perspective

Topics discussed:

  • 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

Speakers: John McKenzie, Jon Cowley, Alison Stafford Powell, Kerry Contini, Iris Zhang

Spotlight on China – the China Perspective

Topics discussed:

  • China’s Responses to United States Export Restrictions and Sanctions
  • Addressing Compliance Challenges of the Conflicts of Laws between U.S. Export Restrictions and Sanctions and the Chinese Regulatory Responses
  • Other Key Chinese Legislative Developments
  • Chinese Customs Regulatory Development

Speakers: John McKenzie, Vivian Wu, Frank Pan, Tina Li, Ivy Tan, Jon Cowley

Day Three – November 18, 2021

US and Canadian Customs and Import Developments

Topics Discussed:

  • Update on CBP Regulatory Developments
  • CBP and CBSA Audit and Enforcement Priorities
  • Customs 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 discussion
  • Update on Section 301 Duties
  • United States Government Procurement Developments

Speakers: John McKenzie, Jon Cowley, Paul Burns, Eunkyung Kim Shin, Christine Streatfeild

Key International Trade Developments with Major Trading Partners

Topics Discussed:

  • 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 Developments
    • Mercosur
    • Africa
    • ASEAN
    • Russia

Speakers: John McKenzie, Paul Burns, Jon Cowley, Jenny Revis, Adriana Ibarra, Alessandra Machado (Of Counsel at Trench Rossi Watanabe)*, Virusha Subban, Ivy Tan, Vladimir Efremov

*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Supply Chain-related Trade Risks and Regulatory Developments

Topics discussed:

  • Biden Administration Supply Chain Initiatives
  • Commerce Department ICTS Regulations
  • Implementing Executive Orders 13873 and 14034
  • Implementation of Tariff Act Section 307 Prohibitions on Imports of Products of Forced Labor
  • Overlap with Customs Planning and Compliance, for On-shoring and Near-shoring Decisions
  • Export and Sanctions Compliance Risks in Supply Chains
  • ESG
  • Human Trafficking Legislation
  • Risk Mitigation – Vendor Screening, OFAC Compliance and Data Privacy Considerations
  • The Foreign Corruption Practices Act: Interacting with Direct and Indirect Suppliers

Speakers: Alison Stafford Powell, Kerry Contini, Aleesha Fowler, Maria Piontkovska, Brian Cacic

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

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

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

Ross Evans is an Associate in Baker & McKenzie Services Limited, London office.

Author

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

Author

Terry Gilroy is a partner in the New York office of Baker McKenzie and a member of the Compliance and Investigations Practice Group. Prior to joining the Firm in 2018, Terry served as Americas Head of the Financial Crime Legal function at Barclays. Terry advises businesses and individuals on white collar and financial crime issues and has significant experience conducting investigations relating to compliance with the US Foreign Corrupt Practices Act (FCPA) and related bribery and corruption statutes, economic sanctions regulations as administered by the US Department of the Treasury's Office of Foreign Assets Control (OFAC), and the Bank Secrecy Act and related anti-money laundering (AML) regulations and statutes. Terry spent six years on active duty in the United States Army as a Field Artillery officer.

Author

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

Author

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

Author

Adriana has over twenty years of experience in customs and foreign trade matters. She joined Baker McKenzie in 2001, became National Partner in 2005 and a Principal in 2018. She has prior experience working as legal director of Rules of Origin, Customs Procedures and Safeguards in the Mexican Ministry of Economy where she participated in the negotiation of several free trade agreements (FTAs) and in the first dispute settlement resolution cases initiated by Mexico against the US under the NAFTA. Adriana has been ranked a leading practitioner by Chambers and Partners at Chambers Global and Chambers Latin America as well as Legal 500 for ten consecutive years. She was an associate in our Guadalajara and Washington, D.C. offices and currently Heads the Firm’s North America International Commercial Practice Group in Mexico City.

Author

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

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

Author

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

Author

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 anti-bribery and specialized commercial compliance issues in sales and sales promotion under the US Foreign Corrupt Practices Act (FCPA), non-US anti-bribery 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

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 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

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

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.

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