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Welcome to our Virtual Global Trade Conference, a virtual offering for all of our customers and friends around the world. Baker McKenzie’s international trade compliance lawyers from around the world discussed key developments impacting international trade, in nine one-hour sessions that took place July 13-15, 2021.

Session 1: Trade policy overview and landscape

Loudspeakers: John Rood (former US Under Secretary of Defense for Politics), John McKenzie, Rod Hunter, Sunny Mann, Pablo Bentes

Subjects discussed :

  • Globalization in the Age of Geopolitics
  • Trade policy of the Biden administration 6 months in
  • Developments in CFIUS and international regulation of foreign investments
  • The changing landscape of foreign investment regimes
  • World Trade Organization: Key perspectives and priorities
  • Focus on Supply Chain in the United States: Executive Order on Supply Chain, Executive Order on ICTS, NDAA s. 889 and Buy American initiatives

Session 2: Developments in export control

Loudspeakers: Janet Kim, Paul Amberg, Alex Lamy, Alison Stafford Powell, Ben Smith

Subjects discussed :

  • Emerging and Founding Technologies: Implementing ECRA’s Mandate
  • New end-user export control requirements / military end-uses of military intelligence and military intelligence
  • Huawei-specific “foreign direct product” rule and related 5G license
  • Proliferation of the list of BIS entities and implications
  • Hong Kong: update on the implications of Hong Kong’s change of status
  • Developments in export control in Europe and the United Kingdom
    • Implications of BREXIT and divergence of regulatory approaches and requirements
    • New UK guidelines on technology exports, cloud computing and remote access
  • Encryption changes and implementation of Wassenaar changes

Session 3: Economic sanctions

Loudspeakers: Alison Stafford Powell, Alex Lamy, Ben Smith, Kerry Contini, Sylwia Lis

Subjects discussed :

  • Burma / Myanmar
  • Iran – Prospects for the United States to join the JCPOA
  • Russia
    • New major sanctions authorities focused on Russia for certain harmful foreign activities
    • NordStream II
    • CBW sanctions
    • Implications of the designation of the FSB as an NPWMD sanctioned party
    • European sanctions
    • Russian response
  • Venezuela
  • Belarus
  • Developments and prospects for EU / UK sanctions after BREXIT
  • New global sanctions against corruption in the UK

Session 4: Spotlight on the Evolution of Chinese Trade – Part 1

Loudspeakers: Alison Stafford Powell, Kerry Contini, Aleesha Fowler, Eunkyung Kim Shin, Andrew Rose

Subjects discussed :

  • Sanctions against China
    • Sanctions from the list of entities related to China
    • OFAC Sanctions Programs Used Against China
    • Investment restrictions in certain Chinese military companies – EO 13959 and EO 14032
    • Implementation of the Hong Kong Autonomy Law
    • European Union, British sanctions against China
  • Trade compliance and ESG risks and mitigation in supply chains linked to China
    • State Department Council
    • CBP withholds release orders
    • Modern laws on slavery and human trafficking
    • California Supply Chain Transparency Act
    • Article 307 of the Tariff Law and CAATSA Labor Provisions of North Korea
  • Advanced Semiconductor and Packaging Initiative (BIS)

Session 5: Spotlight on the Evolution of Chinese Trade – Part 2

Loudspeakers: John McKenzie, Ivy Tan, Weng Keong Kok, Vivian Wu, Iris Zhang

Subjects discussed :

  • Implementation of China’s Export Control Law
  • New Guidelines for MOFCOM’s Export Control Compliance Program
  • Chinese Encryption Law and Announcement 63: Import and Export Restrictions
  • MOFCOM Order No. 4: Implementation of China’s Rogue Entity List System
  • MOFCOM “Blocking” Regulations: Rules to Counter Unjustified Extraterritorial Application of Foreign Law and Other Measures and China’s Response to US and Foreign Sanctions
  • Implementation of China’s National Security Law in Hong Kong
  • Status and Prospects of the U.S.-China Phase 1 Trade Agreement

Session 6: Importation and customs developments

Loudspeakers: John McKenzie, Alison Stafford Powell, Christine Streatfeild, Gene Tien

Subjects discussed :

  • Customs valuation
  • First sale and CIT decision in US v. Meyer
  • Transfer pricing and customs valuation
  • Article 301 Developments
  • Challenge to China lists 3-4: status of the HMTX case
  • The Irish / Northern Ireland border issue
  • USTR Product Exclusion Procedures
  • Country of Origin Analysis (USMCA and “Goods of China” for Section 301 Purposes)
  • Digital Services Tax Evolution and Section 301 Investigations
  • ICTS – Developments Towards the Protection of the Information and Communications Technology and Services Supply Chain (EO 13873) and the Protection of American Sensitive Data (EO 14034)

Session 7: Export control and application of economic sanctions

Loudspeakers: Alison Stafford Powell, Terry Gilroy, Jess Nall, Helena Engfeldt, Tristan Grimmer, Sam Kramer

Subjects discussed :

  • Key cases: lessons learned
  • Trends in export controls and the application of economic sanctions
  • Expectations of regulatory authorities (DoJ, OFAC, OEE)
  • Ransomware – Business Compliance and Data Privacy Issues in Ransomware Attacks
  • Focus on Cryptocurrency and Blockchain Issues in Sanctions Compliance Cases

Session 8: Evolution of trade agreements

Loudspeakers: John McKenzie, Adriana Ibarra-Fernandez, Paul Burns, Jenny Revis, Ivy Tan

Subjects discussed :

  • USMCA: What We Have Learned Over The Past 18 Months
  • Comprehensive Pacific Partnership: Prospects for US Involvement
  • The challenge of the Regional Comprehensive Economic Partnership (RCEP)
  • Prospects for a US-UK Free Trade Agreement
  • European Union – British Free Trade Agreement
  • Various UK trade deal initiatives
  • Trans-Pacific Partnership (without the United States)

Session 9: Evolution of trade – Rest of the world

Loudspeakers: John McKenzie, Brian Cacic, Junko Suetomi, Weng Keong Kok, Alessandra Machado, Virusha Subban

Subjects discussed :

  • Canada
  • Japan
  • Brazil
  • South Africa

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