Leveling the Playing Field for American Companies and Workers - Ensuring that Goods Made with Forced Labor are Identified and Banned Pursuant to US Law
November 15, 2016 by Terence P. Stewart and Sahar J. Hafeez

Section 307 of the Tariff Act of 1930 ("Section 307") prohibits the importation of "{a}ll goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor."  The section of US law has held out the promise that American companies and their workers should not have to compete with goods made abroad with such labor.

U.S.-Cuba Related Sanctions Update and Overview: Obama Administration Further Eases Cuba Sanctions Against the Backdrop of Strict Statutory Restrictions
October 24, 2016 by Alan M. Dunn and Sahar J. Hafeez

On October 14, 2016, the Departments of Treasury and Commerce announced amendments to the Cuban Assets Control Regulations (“CACR”) and the Export Administration Regulations (“EAR”) to further the Obama Administration’s Cuba policy goals.

Comparison of Persons Designated for Economic Sanctions Imposed by the United States, EU, Canada, Australia, and Japan Regarding Ukraine and Russia
August 8, 2016 by Jennifer M. Smith and Alan M. Dunn

Notes: This list is limited to Ukraine-/Russia-related sanctions regimes imposed by selected countries since 2014. Other countries are following the EU sanctions, at least in some respects. The sanctions also apply to certain entities owned by designated persons. The list does not include entities designated on the U.S. Entity List. See our Trade Flow articles for more information.

Ukraine-/Russia-Related Sanctions Update and Overview: U.S. and EU Reaffirm Sanctions
August 8, 2016 by Jennifer M. Smith

In July 2016, President Obama and Secretary of State John Kerry reaffirmed that the U.S.’s Ukraine-/Russia-related economic sanctions will remain in effect unless Russia fulfils its obligations under an agreement reached in February 2015 in Minsk.

Elimination of a Loophole Exempting Investigation of Certain Goods Alleged to Be Derived From Forced Labor – Greater Enforcement in the Offing?
May 17, 2016 by Sahar J. Hafeez and Elizabeth J. Drake

U.S. law prohibits the importation of “{a}ll goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor.”

Cuban Trade Flows – What Opportunities Exist If U.S. Sanctions Are Eventually Lifted?
April 7, 2015 by Terence P. Stewart

On December 17, 2014, President Obama announced changes the Administration was taking on U.S. policies toward Cuba that were within the Executive Branch’s authority.

Two Developments on Russia: U.S. Withdraws Russia’s Eligibility Designation for GSP, and Canada Increases Sanctions on Russia
May 8, 2014 by Jennifer M. Smith and Alan M. Dunn

Yesterday, May 7, 2014, President Obama notified Congress of his intent to withdraw the designation of Russia as a beneficiary developing country under the Generalized System of Preferences (GSP) program “because Russia is sufficiently advanced in economic development and improved in trade competitiveness that continued preferential treatment under the GSP is not warranted.”

U.S. Added 17 Companies and 7 Individuals, Including Rosneft CEO Sechin, to Russia Sanctions List and Further Restricted Exports to Certain Russian Entities; EU, Canada, and Japan Also Stepped Up Sanctions
May 1, 2014 by Jennifer M. Smith and Alan M. Dunn

On April 25, 2014, the G-7 (Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States) announced that they would “move swiftly to impose additional sanctions on Russia” due to Russia’s failure to deescalate the ongoing situation in eastern Ukraine and contrary to Russia’s commitments in an April 17 agreement reached in Geneva.

RUSSIA AND UKRAINE UPDATE: The U.S. Has Stopped Issuing of Export Licenses to Russia and the U.S., Canada, and the EU Have Expanded Sanctions, But Loan Guarantees to Ukraine Provide Opportunities for U.S. Businesses
April 16, 2014 by Jennifer M. Smith and Alan M. Dunn

In the recent days and weeks, the United States, Canada, and the European Union (EU) have expanded economic sanctions and taken other trade-related measures in response to the developments in Ukraine and Russia’s actions with respect to Crimea.

Failure to Pass IMF Reforms Undermines America’s Global Leadership and Limits Overall IMF Flexibility to Address Challenges in Ukraine and Elsewhere
April 10, 2014 by Bill Frymoyer

Tomorrow the IMF Annual Meetings begin in Washington, DC, and a major issue discussed will be the failure of the U.S. Congress to pass quota reforms that America actually suggested in 2010. We are the only major country not to pass these noncontroversial changes, but because of our veto ability, the implementation of the reform overall remains delayed.

How Russian Judo Could Flip the Hockey World: KHL Board Chairman Timchenko and Dynamo Moscow President Rotenberg, Former Putin Judo Partners, Subject to U.S. Sanctions, Update - Sanctions May Also Affect Upcoming Miley Cyrus and Justin Timberlake Concerts
April 3, 2014 by Jennifer M. Smith and Alan M. Dunn

Watch out, hockey world -- Judo may flip the KHL off its skates. On March 20, the United States imposed sanctions on three Russian billionaires, all of whom are reportedly former judo partners of Vladimir Putin. But it is their leadership positions in major hockey organizations that threaten to flip the hockey world upside down.

Presentation by Managing Partner Terence Stewart at the March 28, 2014 Global Business Dialogue Member’s Lunch on “The Urgent Riddle: Trade & the Crisis in the Ukraine”
March 28, 2014 by Terence P. Stewart

At today’s Global Business Dialogue luncheon entitled “The Urgent Riddle: Trade & the Crisis in the Ukraine,” Terence Stewart, Managing Partner, provided an overview of the trade issues arising from the crisis.

A Comparison of Current Sanctions Imposed by the United States, EU, Canada, and Australia Regarding Ukraine and Russia
March 25, 2014 by Jennifer M. Smith and Alan M. Dunn

The United States, European Union (“EU”), Canada, and Australia all have recently issued sanctions in response to the developments in Ukraine and Russia’s actions with respect to Crimea. While the United States is coordinating with the EU, the U.S. list of sanctioned persons overlaps with, but does not match, the lists of persons sanctioned by those other countries.

U.S. Sanctions Additional Russian Individuals, Including Officials and Businessmen, and Bank Rossiya Over Crimea
March 21, 2014 by Jennifer M. Smith and Alan M. Dunn

Yesterday, the United States imposed additional sanctions on 20 Russian individuals, including high-level Russian officials and prominent Russian businessmen considered part of President Putin’s “inner circle,” and on one financial institution, Bank Rossiya (A.K.A. Aktsionerny Bank Russian Federation) in response to Russia’s purported annexation of Crimea.

U.S. Imposes Sanctions on Ukrainians and Russian Officials Over Crimea
March 17, 2014 by Jennifer M. Smith and Alan M. Dunn

By a new Executive Order issued today, the United States imposed sanctions on four Ukrainians, including former Ukrainian President Viktor Yanukovych and Crimean separatist leaders, and seven high-level Russian officials, including Russian Deputy Prime Minister Dmitry Rogozin.

No One Yet Subject to New Ukraine-Related Sanctions Authorized by President Obama in Executive Order 13660
March 10, 2014 by Jennifer M. Smith and Alan M. Dunn

On Thursday, March 6th, President Barack Obama signed Executive Order No. 13660 authorizing economic sanctions related to the ongoing situation in Ukraine under the International Emergency Economic Powers Act (IEEPA) and other statutes.

New Year Brings New Export Control Reforms: Changes Announced on a Range of Materials, Equipment, Explosives, and Items for Missiles and Rockets; Some Reforms Take Effect Today; Other Changes Imminent
January 6, 2014 by Jennifer M. Smith and Alan M. Dunn

On January 2, 2014, the Federal Government announced a third wave of major reforms to U.S. export controls. These reforms change the existing controls on certain items.

U.S. Government Tightens Syrian Sanctions in Response to Use of Chemical Weapons: USG to Intensify Syria Sanctions Enforcement Efforts
December 12, 2013 by Jennifer M. Smith and Alan M. Dunn

On December 10, 2013, the U.S. Department of State published a notice indicating that additional sanctions are being imposed against Syria in response to the Syrian Government’s use of chemical weapons.

Iran Nuclear Deal Is Changing Iran Sanctions
December 2, 2013 by Alan M. Dunn

As the Obama Administration continues its negotiations with Iran and P5+1 partners to work out the details and implementation of the interim agreement with Iran regarding its nuclear enrichment and bomb-making activities, U.S. and foreign companies that are dealing or want to deal with Iran are asking how the agreement will affect the current sanctions imposed against Iran by the U.S., EU, and others and when the changes will take effect.

Manufacturers, Exporters, and Brokers Must Understand and Comply with Major Changes to the Export Control Laws Beginning October 15
October 8, 2013 by Jennifer M. Smith and Alan M. Dunn

Manufacturers, exporters, brokers, and other individuals involved in exporting must ensure that they understand the major changes that are coming to the U.S. export control laws starting October 15, 2013. Failure to comply with these can result in severe criminal and civil penalties, including imprisonment. Even a single inadvertent violation can result in hundreds of thousands of dollars in penalties.

Last Week the Cuban Government Allowed Its Citizens to Sign With Foreign Sports Teams But Under U.S. Sanctions Cuban Athletes Must Be Unblocked Before Any U.S. Transactions
October 1, 2013 by Jennifer M. Smith and Alan M. Dunn

Under U.S. law, all U.S. individuals and companies are prohibited from engaging in any transactions with any Cubans, including Cuban athletes such as baseball and soccer players, unless certain narrow exemptions apply. All assets, property, and bank accounts of Cuban nationals are blocked.

Trade in Natural Gas: The Resource, The Law & The Choices
March 7, 2013 by Alan M. Dunn

Summary of Remarks by Alan M. Dunn at Global Business Dialogue Event at National Press Club, Thursday, March 7, 2013

U.S. Department of Energy Releases Economic Studies On LNG Exports
December 13, 2012 by Alan M. Dunn

The U.S. Department of Energy has at least 15 applications pending seeking approval to export liquefied natural gas (LNG) but so far has licensed LNG exports by one company, Cheniere Energy Inc. from its Sabine Pass LNG terminal.

Easing Sanctions on Burma: New Opportunities for U.S. Businesses
July 27, 2012 by Alan M. Dunn and Jumana Madanat Misleh

On July 11, 2012, the Obama Administration announced the easing of sanctions on Burma as they pertain to new investment and the provision of financial services by U.S. persons in that country. The announcement was accompanied by a new Executive Order (E.O. #13619) and the issuance of two new general licenses by the Treasury Department’s Office of Foreign Assets control (OFAC).

EU Proposed Regulation Limiting Access to EU Public Procurement Market
April 3, 2012 by Geert De Prest

Government procurement is subject to a plurilateral agreement within the WTO as well as various bilateral deals. Agreements concluded by the EU that include market access commitments in the field of government procurement are listed below. The EU has sought an expansion of the plurilateral Agreement on Government Procurement amongst the WTO members to the Agreement (including the U.S. and Japan) and has also sought to have China become a member of the WTO (along with the U.S. and Japan and others).

New 2012 Tariff Categories Permit Better Tracking of Wind Energy Imports
January 4, 2012 by Elizabeth J. Drake

U.S. imports of wind energy components such as generating sets and towers grew rapidly in 2011, outpacing the growth in megawatts of wind power capacity installed. Up until now, it has been more difficult to track imports of other equipment used in the wind energy industry.

UPDATE - Developments in U.S. Export Controls
September 19, 2011 by Alan M. Dunn

U.S. businesses need to be aware of the changing landscape of U.S. export controls and must exercise care in complying with these shifting legal regimes. The U.S. government currently is engaged in an effort to overhaul the U.S. export control system, and is implementing some changes in a piecemeal fashion as it makes progress on the reforms.

New Economic Sanctions Introduced In Response to Libyan and Syrian Crackdowns on “Arab Spring” Require Vigilance by Businesses to Avoid Violations
July 21, 2011 by Alan M. Dunn

In response to government violence and human rights abuses arising out of the “Arab Spring” in Syria and Libya, the United States and the European Union have issued a series of sanctions over the last several months directed at the Libyan and Syrian governments and members of the governing regimes.

SEC Has Proposed Very Broad-Reaching Disclosure Regulations Regarding Many Products Containing Conflict Minerals
January 18, 2011 by Elizabeth A. Argenti and Alan M. Dunn

In an effort to lessen the violence in the Democratic Republic of the Congo, the SEC has proposed a new rule that has the potential to affect thousands of companies involved in the production of items containing metals such as tin, tungsten, tantalum, and gold.

Export Control Overhaul: Gates Calls for a Focus on the “Crown Jewels”
May 3, 2010 by Elizabeth A. Argenti and Alan M. Dunn

Secretary Gates recently announced a massive reorganization plan for the United States’ export control regime. At its heart, the proposed reform calls for streamlining the existing system by combining what are currently separate lists of restricted technologies as well as enforcement agencies for: (1) defense items (such as weapons and related technology); and (2) for dual-use items (goods, technology and software that may have both commercial and military applications).

Office of Foreign Assets Control Issues Final Enforcement Guidelines
November 19, 2009 by Elizabeth A. Argenti and Alan M. Dunn

With OFAC’s issuance of its final enforcement guidelines, U.S. importers and exporters now have clearer guidance on how OFAC will determine penalties in enforcement actions when their business activities run afoul of U.S. trade sanctions imposed on certain foreign countries, individuals, and organizations.

Export Controls – The Current Reform Effort May Be More Than Rhetoric
October 21, 2009 by Alan M. Dunn

Sufficient political forces may have aligned to overcome the hurdles to an overhaul of the U.S. export control system. Many see current export controls on dual-use items as no longer serving U.S. national security and harming U.S. economic interests. The challenge is in striking a balance so that American innovators can tap new export markets while ensuring that sensitive technologies and equipment do not get into the hands of America’s enemies.

Attitudes May be Changing But Cuba Embargo Is Still Tight
May 4, 2009 by Alan M. Dunn

White House and senior Congressional leaders have indicated their support for various relaxations of the long-standing U.S. embargo on Cuba but lifting the embargo will require significant legislation by Congress. None of the bills currently under consideration would lift the embargo or even relax current restrictions except in a few product sectors.

CPSC to Allow for Electronic Filing of General Conformity Certificates
October 30, 2008 by Andrew Anderson-Sprecher

In a move sure to cheer worried importers and manufacturers, the Consumer Product Safety Commission (CPSC) released information Friday stating that it intends to allow electronic filing of General Conformity Certificates. The clarification comes less than three weeks before the November 12 implementation date for the new certification requirement under section 102 of the Consumer Product Safety Improvement Act (CPSIA).

Lacey Act’s Largest Impact May Not be the Declaration Requirement
October 17, 2008 by Andrew Anderson-Sprecher

Could a paper price tag on a shirt force an importer to account for what tree was cut down to make the paper? A provision in the 2008 Farm Bill (P.L. No. 110-246) designed to combat illegal logging has sent importers of a wide range of products scrambling to assess how their business will be affected.

Running Afoul of OFAC Trade Sanctions Is A Lot More Expensive Under New Law
August 11, 2008 by Alan M. Dunn

Exporters and other U.S. persons involved in international transactions now face significantly higher civil and criminal penalties if they ship goods to countries subject to U.S. trade restrictions, such as Iran. Tough new penalties for companies or individuals who run afoul of OFAC economic sanctions (as well as other export control or anti-boycott restrictions) were formally implemented in June 2008 and emanate from legislation Congress approved last fall.

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