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After months of negotiations, Indonesia and Japan signed a mutual recognition agreement for bilateral carbon trading (MRA) on 18 October 2024. The MRA, which came into effect on 28 October 2024, is expected to support Indonesia and Japan to meet their climate change mitigation efforts, and also to draw investors into the carbon sector for both countries.

The Malaysian Communications and Multimedia Commission (MCMC) has announced that it is holding a public consultation on the draft Code of Conduct (Best Practice) for Internet Messaging Service Providers and Social Media Service Providers (“Draft Code of Conduct”).
The objective of the public consultation is to collect public opinion on the Draft Code of Conduct, which outlines the best practices for applications service provider class licence holders who offer Internet messaging and social media services in Malaysia to address harmful online content and other relevant conduct requirements.

Acting with other US regulators, the Commodities Futures Trading Commission (“CFTC” or “Commission”) recently issued two consent orders (“CFTC Orders”) and filed a complaint (“CFTC Complaint”) alleging fraud and false, misleading, or inaccurate reports relating to voluntary carbon credits (“VCCs”). As noted by CFTC Director of Enforcement Ian McGinley, “[these actions] demonstrate [the CFTC’s] commitment to vigorously fight frauds in its markets, whether long-established or new and evolving, such as the carbon credit markets.” These are the first CFTC actions for fraud in the VCC market, and closely follow the CFTC’s recently published final Commission Guidance Regarding the Listing of Voluntary Carbon Credit Derivative Contracts (“Final Guidance”).

Malaysia is slated to have a comprehensive framework to regulate, implement and enforce actions/initiatives that is aimed to lead towards a low-carbon economy. The Ministry of Natural Resources and Environmental Sustainability is leading the initiative for the proposed enactment of the Climate Change Act by issuing a consultation paper to obtain comments and feedback. The introduction of a Climate Change Act is the result of Malaysia’s determination to honor its commitment under the Paris Agreement and also to reduce greenhouse gas emissions in Malaysia.

Legal action against sustainability or green claims (‘greenwashing’) is on the rise. Consumers and NGOs are increasingly seeking out legal avenues to hold companies accountable for allegedly misleading advertisements on sustainability. One of these avenues in the Netherlands is the Advertising Code Committee (ACC), which regularly handles complaints on greenwashing and other potential misleading statements.

In keeping with tradition, we are pleased to invite you to our annual Global Year-End Review of Import/Export & Trade Compliance Developments Conference. The conference will provide valuable insights on the latest developments, challenges and opportunities in the ever-changing landscape of international trade.
We are holding this conference in a split-hybrid format, with an in-person event in Santa Clara, CA, on 12 November and virtual panels on 19-21 November.

The Spanish legal framework on packaging and packaging waste that entered into force in December 2022 substantially modified the regulation of packaging and packaging waste in an effort to implement a circular economy in Spain. Most of the obligations have already entered into force. However, certain marking and information obligations will enter into force on 1 January 2025.

The Brazilian Secretariat of International Trade initiated a new antidumping investigation against Brazilian imports of pre-painted steels from China and India on 19 September 2024. Pre-painted steels are used for civil construction, automotive industry, white goods, packaging and others.

On 5 September 2024, Head Resolution No. 0357-2024-ANA was published, whereby the Regulation of Administrative Procedures for the Granting of Water Use Rights and Authorization for the Execution of Works in Natural Water Sources, approved by Head Resolution No. 007-2015-ANA, is amended. This amendment seeks to simplify the procedures for obtaining water use rights.