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 75 minutes sessions which took place from 20 to 21 July 2022.

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

Session 1: Export Control Developments: United States, United Kingdom, European Union

Speakers: John McKenzie, Alison Stafford Powell, Alex Lamy, Kerry Contini, Ben Smith, Paul Amberg

Topics discussed:

  1. Emerging and Foundational Technologies: Status of BIS Initiative
  2. Cybersecurity Controls
  3. Export Control Developments with respect to China
    • Entity List Developments
    • The Foreign Direct Product Rule Explained
    • Semiconductor Export Control Developments and Initiatives
    • Biden Administration China Export Control Policy
  4. United Kingdom Export Control Developments Post-Brexit
    • Departures from European Union Export Controls
    • General Authorizations and OGELs
    • Military End-User Export Controls
  5. European Union Export Control Developments
    • Encryption Export Controls

Session 2: Customs & Import Developments

Speakers: John McKenzie, Meredith DeMent, Christine Streatfeild, Nicole Looks, Jenny Revis, Adriana-Ibarra Fernandez, Jose Hoyos-Robles, Brian Cacic

Topics discussed:

  1. The Uyghur Forced Labor Prevention Act (UFLPA)
    • The Forced Labor Task Force Report and CBP Enforcement
  2. Other Forced Labor Issues
    • Responding to CBP Withhold Release Orders
    • UK/EU Forced Labor Developments
  3. Section 301 Developments
    • The HTMX Case: Status Report of CIT Litigation and USTR Responses
    • Prospects for Extension, Mitigation and Removal
  4. The USMCA: A Multinational Analysis: United States, Mexico, Canada
  5. Customs Valuation and Transfer Pricing: A Multinational Analysis: United States, Canada, United Kingdom, European Union
  6. The United Kingdom Import Trade Position and Initiatives: Post Brexit

Session 3: China Export and Trade Developments

Speakers: John McKenzie, Frank Pan, Tina Li, Ivy Tan

Topics discussed:

  1. Implementation of China’s Export Control Law
    • Draft Regulations on Dual-Use Export Controls
    • National Security Risk Assessment under the Export Control Law
    • MOFCOM Guidance on Export Compliance Procedures
  2. Cybersecurity Law
    • Importing and Exporting Encryption Products
    • Network Security Products Market Access
  3. China’s Anti-Foreign Sanctions Legislation
    • Jurisdictional Scope
    • Enforcement Policy and Prospects
    • China’s Reaction to Russia Sanctions, the UFLPA and Other Foreign Sanctions
  4. China’s Pilot Project Approach to Transfer Pricing and Customs Valuation

Session 4: Sanctions Responses to the Russian Invasion of Ukraine

Speakers: Alison Stafford Powell, Brian Cacic, Terry Gilroy, Hanna Shtepa, Ben Smith, Anne Petterd

Topics discussed:

  1. Overview of the United States, Canadian, United Kingdom, European Union Sanctions
    • Product and Technology Controls: A Comparative Analysis
    • Navigating OFAC’s Directives, Determinations and General License
  2. New Approaches to Sanctions
    • Russia-related Foreign Direct Product Rule
    • Restrictions on Furnishing Services
    • Sanctions Based on Schedule B/HTS Numbers
    • Crypto Sanctions
  3. Payment Issues to and from Russia
    • Scope of Sanctions on Russian Banks
    • Payment of Taxes, Intellectual Property Registration and Renewal Fees
    • Prohibitions on “New Investments”
    • Regulatory Considerations and Challenges on Wind-Down, Suspension and Termination of Operations in Russia
  4. Ukraine’s Sanctions Laws and Regulations
    • Prohibition on “Collaboration” with Aggressor States
  5. Other Countries Sanctions: Australia and Singapore

Session 5: Russian Counter Measures

Speakers: John McKenzie, Alexander Korkin, Vladimir Efremov, Teresa Michaud

Topics discussed:

  1. Financial Measures and Restrictions on Outbound Remittance of Funds
  2. Currency Controls
  3. Ruble Payment Requirements for Energy Exports
  4. Export Restrictions
  5. Nationalization and Government Administration of Foreign-owned Entities
  6. Criminalization of Compliance with Foreign Sanctions
  7. Suspension of FSTEC Software Certificates
  8. Restrictions on Validity and Enforcement of Foreign-Owned Intellectual Property Rights
  9. Contract Performance, Application of Sanctions, and Force Majeure

Session 6: Export and Sanctions Enforcement

Speakers: Alison Stafford Powell, Terry Gilroy, Ben Smith, Paul Amberg, John McKenzie

Topics discussed:

  1. Changes in BIS Export Enforcement Policy: Statements by Assistant Secretary Michael Axelrod
  2. OFAC Sanctions Enforcement
  3. Leading Export Control and Sanctions Enforcement Cases
  4. Export Control and Sanctions Enforcement in the United Kingdom
  5. Export Control and Sanctions Enforcement in the European Union
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

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 international trade practice in Washington, DC. She advises companies on export controls, sanctions, and related human rights and supply chain compliance issues. She has been with Baker McKenzie since she was a summer associate in 2005 and started as an associate in 2006. Kerry has been ranked in the Up and Coming categories for Export Controls & Trade Sanctions by Chambers Global (2022) and Chambers USA (2021), with clients highlighting that "her advice and solutions are business-focused" and that she is "very practical and easy to work with." Kerry has been recognized as a “standout” member of Baker McKenzie’s international trade team by Legal 500. Legal 500 reported a client as stating that, “Kerry is thoughtful, practical, efficient, and has really invested in getting to know our business and our team.” Kerry was recognized in the Who's Who Legal 2021 as a Global Leader in Trade & Customs - International Sanctions. Kerry has written on export controls and trade sanctions issues for a number of publications, including WorldECR, The Export Practitioner, and Ethisphere. She has presented on pandemic-related supply chain issues to the US International Trade Commission. Kerry has been quoted in a number of publications, including Global Investigations Review and Asian Legal Business. She is an editor of the Firm’s Global Supply Chain Compliance blog and is a regular contributor to that blog as well as the Firm’s Sanctions & Export Controls Update blog. Kerry is a co-chair of the Export Controls and Sanctions Section of the Association of Women in International Trade. Kerry is part of the diversity and inclusion leadership for the Washington DC office and is a member of the BakerWomen Steering Committee. She has maintained an active pro bono practice throughout her career at Baker McKenzie and is co-chair of the Washington DC office pro bono leadership team. Kerry has worked on a wide range of pro bono matters, primarily focusing on public international law, animal advocacy, and election protection. She is an active member of the Animal Law Committee of the Environment, Energy, and Natural Resources Community of the DC Bar.

Author

Meredith DeMent counsels US and multinational companies across industry sectors on all aspects of US customs law. She focuses her practice on rapidly evolving trade policy, customs compliance, and duty mitigation strategies. She was named a rising star in international trade by Legal Media Group's Expert Guides.

Author

Vladimir Efremov is a partner in the Moscow office of Baker McKenzie.

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

José has been a member of the Foreign Trade Practice Group since 2000. He is experienced in foreign trade and customs matters, free trade agreements (FTA), regulatory matters, consumer protection and export controls. He has contributed to several publications related to foreign trade and customs matters and is a professor of international trade law at the Universidad Panamericana.

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

Alexander Korkin is a senior associate in the St. Petersburg office of Baker McKenzie. He heads its Employment Practice and works in Dispute Resolution. Prior to joining Baker McKenzie in 2017, Alexander worked as head of the Labor and Migration practice group of a major Russian law firm in St. Petersburg. The Legal 500 EMEA (2020) emphasizes that "Alexander Korkin, the head of the labor law group in St. Petersburg, has a unique combination of excellent legal expertise and business ethics."

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

Nicole Looks is a partner within the Amsterdam Tax Practice with more than 25 years of experience. She focuses on advising national and international companies in all value added tax and customs related matters. JUVE Handbook on Commercial Law Firms, International Tax Review, Chambers & Partners, Legal 500 and Handelsblatt in cooperation with Best Lawyers recommend her as leading individual in the area of Indirect Taxes since many years and praise her as " "very knowledgeable about German customs tax" and as “very good and practice-oriented“. Nicole heads the European Customs Practice.

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

Teresa H. Michaud advises on all aspects of dispute resolution, primarily complex business disputes, class actions, intellectual property and international arbitration. She is the co-chair of the North American Class Action Subgroup and serves as a member of the Global Steering Committee of the Firm's Technology, Media & Telecommunications (TMT) Industry Group. She is admitted to practice in California, Texas and New York, and qualified in England and Wales. She is a Certified Information Privacy Professional/United States (CIPP/US). Teresa is also one of the founding members of our Los Angeles office that opened in 2018.

Author

Anne has been with Baker McKenzie since 2001. Prior to that, she spent four years with the Australian Attorney-General's Department/Australian Government Solicitor mostly working on large IT projects. In her time at Baker McKenzie, Anne has spent 18 months working in London (2007-2008) and more recently three years working in Singapore (2017-2020).

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

Hanna Shtepa is a Counsel in Baker McKenzie, Kyiv office.

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 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. With a background also in EU and UK trade restrictions, she helps non-US companies navigate conflicting compliance obligations and risks under US and EU trade rules. 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 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.

Write A Comment