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July 12-13, 2023

Our international trade compliance lawyers from around the world reviewed major developments impacting international trade for this year’s Virtual Global Trade Conference.

Click on the links below to watch a 90 minute recorded session covering topics such as global sanctions updates including Russia, China trade restrictions and compliance, US, Canada and Mexico forced labor developments, among others.

Sanctions Update – Round the World

Speakers Alison Stafford Powell (Chair), Kerry Contini, Julia Webster, Ben Smith, Derk Christiaans, Philippe Reich and Vladimir Efremov (Partner, Melling, Voitishkin & Partners) provided updates on trade sanctions and developments globally:

  • US, EU, UK, Switzerland, Canada – sanctions updates and novel tools
  • Russia – compliance considerations and challenges in exiting/winding down and navigating ongoing business
  • Cloud/SaaS – changing sanctions and export control approaches
  • Venezuela, Myanmar, Sudan – cybercrime and other developments

WATCH OUR 2023 SANCTIONS UPDATES SESSION


Navigating and Mitigating Continuing Trade Restrictions Against China

Speakers John McKenzie (Chair), Iris Zhang, Paul Amberg, Junko Suetomi, Alison Stafford Powell and Christine Streatfeild focused on trade restrictions against China and how to navigate them:

  • Entity listings
  • Semiconductor/advanced computing rules – comparing US, EU and Japanese approaches
  • ICTS Regulations
  • Section 301 duties update

WATCH OUR TRADE RESTRICTIONS AGAINST CHINA SESSION


Complying with China’s Export Control and Countersanctions Regimes

Speakers John McKenzie (Chair), Tina Li, Ivy Tan and Iris Zhang delved on China’s export control and countersanction regimes compliance:

  • Navigating China’s Counter Espionage Law in due diligence, contracts, and data transfers
  • Unreliable Entity List update
  • Anti-foreign sanctions law update
  • China’s export control regime in force

WATCH OUR CHINA’S EXPORT CONTROLS SESSION


A Multijurisdictional Review of Enforcement and Cooperation Trends in Sanctions and Export Controls

Speakers Alison Stafford Powell (Chair), Janet Kim, Alex Lamy, Terry Gilroy and Tristan Grimmer talked about the trends in sanctions and export controls:

  • Sanctions enforcement around the G7
  • DOJ Enforcement and the New Disruptive Technology Strike Force
  • UK updates: OFSI adopts strict liability; due diligence standards
  • Focus on evasion, diversion
  • Anatomy of an investigation/investigation strategies and expectations

WATCH OUR TRENDS IN SANCTIONS AND EXPOERT CONTROLS SESSION


Update on Forced Labor Developments: US, Mexico and Canada, UFLPA and Lessons Learned

Speakers John McKenzie (Chair), Meredith DeMent, Eunkyung Kim Shin, Jose Hoyos-Robles, Julia Webster and Christine Streatfeild summarized forced labor developments in US, Canada and Mexico, and lessons learned for proactive management:

  • Comparison of developments
  • Navigating WROs and proactive risk management
  • Due diligence expectations and best practices

WATCH OUR FORCED LABOR DEVELOPMENTS SESSION IN US, CANADA AND MEXICO


Facing the future: Tackling the Confluence of Compliance Risks and Controls Through Contingency Planning

Speakers John McKenzie (Chair), Rod Hunter, Kerry Contini, Aleesha Fowler, Alison Stafford Powell and Bregt Natens rounded trade risks and controls through planning:

  • Outbound and inbound foreign investment restrictions
  • Near/reshoring supply chains
  • ESG compliance
  • Managing third party/stakeholder expectations (e.g. IT, cloud and banking providers)
  • Mitigating litigation risks
  • Finding trade opportunities – trade remedies, FTAs

WATCH OUR TRADE CONTINGENCY PLANNING SESSION

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

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

Derk Christiaans is an associate in Baker McKenzie's London office and advises (multi)national companies on EU, competition and trade matters in various industries, including healthcare and life sciences, TMT, and consumer goods and retail.

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

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

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

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

Janet Kim focuses on outbound trade compliance issues that arise under US economic sanctions, export control laws, investment restrictions, antiboycott regulations, anti-money laundering laws and the Foreign Corrupt Practices Act. She represents and advises US and non-US companies in criminal and regulatory proceedings, internal investigations, and compliance audits relating to these areas of law. She also advises on the extraterritorial application of these laws in cross-border transactions, including mergers and acquisitions, joint venture arrangements, and other international commercial activities. Her practice includes the development and implementation of workable, risk-based internal compliance programs and procedures for companies in a wide range of industries. Janet currently serves on the Steering Committee of the Firm’s International Commercial Practice Group and has been with the Washington, DC office since 1994.

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

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

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

Dr. Bregt Natens is a counsel in the International Commercial & Trade Practice Group in the Brussels office. He joined Baker McKenzie in 2022. Bregt advises clients on EU and international trade law and regulations, with a focus on trade remedies, customs rules, market access and regulatory barriers. Bregt has significant experience representing clients in litigation before the EU courts and the World Trade Organization (WTO), and before EU and EU member state authorities in the context of trade remedies and customs matters.
Bregt also regularly teaches trade law, and his research has been published in leading journals.

Author

Philippe Reich is a partner of Baker McKenzie Switzerland based in Zurich. He serves as head of the Firm's Antitrust, European and International Trade Practice Group in Switzerland. Philippe is a key member of the Firm's International Trade & Commerce and Antitrust & Competition Law Practice Groups. Philippe is regularly ranked as leader in his field in Who's Who Legal and is a recommended practitioner in Legal 500 and Chambers. In 2022, he was ranked among the top 100 foreign lawyers for India related matters. Philippe is also the European representative on the steering committee of Baker McKenzie's Global India Practice, chairman of the Swiss-Indian Chamber of Commerce and forms the India Desk of Baker McKenzie in Switzerland.

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

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

Julia Webster is a disputes and international trade lawyer. She advises companies on trade remedies, free trade agreements, blocking measures, customs compliance, anti-corruption laws, economic sanctions, AML compliance, supply chain ethics, and cross-border M&A.

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.