Recent developments have surfaced in the legal world, particularly concerning international trade, and more specifically, the export controls related to advanced computing, supercomputing, and artificial intelligence. These topics have taken up an ascendant tension over the past few months, and the Bureau of Industry and Security (BIS), on October 25, 2023, has established measures seeking…
The Office of Management and Budget (OMB) has issued a Final Rule via its Made in America Office to clarify the provisions of the Build America, Buy America Act (BABA). The provisions are part of the Infrastructure Investment and Jobs Act (IIJA), a significant legislative document addressing a spectrum of issues like domestic job creation…
The evolving international trade landscape faces new understandings and interpretations as November 2023 brings about significant discussions in the legal framework governing IMP (Industria Manufacturera, Maquiladora y de Servicios de Exportación) operations, better known as IMMEX. The IMMEX program, a duty deferral initiative, was created by the Mexican federal government in 2006. The scheme allows…
One of the notable trends in International Trade of recent times is the rise of Mexico as an attractive destination for manufacturing. This development has been tracked and analysed extensively, particularly in relation to the broader dynamics of US Trade and Nearshoring. In an article published by the Braumiller Law Group PLLC, “Hot Topics in…
In October 2023, international trade saw a series of significant enforcement actions, highlighted by a couple of major incidents involving Russia. The events touched on various facets of trade, sanctions, and their unfortunate violations, offering curious insights into the scope and operations of international commerce law. The first key incident saw the indictment of three…
In a development that has come as a shock to the world, the Biden administration, in May 2021, expressed support for the waiver of intellectual property protection mandated under the TRIPS agreement for COVID-19 vaccines. This decision has resonated around the globe, prompting multiple discussions about intellectual property rights and the global fight against the…
In April 2023, a pivotal shift occurred within the U.S. Customs & Border Protection (CBP) when it issued Headquarters Ruling H330077. This decision came as a response to an objection submitted by an importer whose consignment of clothing was denied entry because of a Withhold Release Order (WRO) at Newark, New Jersey’s port. The clothing…
Efforts to address perceived trade imbalances and protect domestic industries continue unabated in the international trade arena. A new development has come to the forefront in November 2023, as 14 U.S. aluminum extrusion producers and labor unions have lodged petitions for imposing fresh tariffs. The Department of Commerce, International Trade Administration (Commerce) and the International…
The U.S. Food and Drug Administration (FDA) is taking new steps to enhance food security across the nation in response to the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. A cornerstone of this act is the requirement for the FDA to be given advance notice – hence prior notice – about…
November 2023 has seen significant developments in international trade, with intense focus on The Uyghur Forced Labor Prevention Act (UFLPA) and changes in the leadership at the Department of Homeland Security, hinting at a likely increase in enforcement activities. The global spotlight in recent years has persistently highlighted dire human rights concerns in China’s Xinjiang…
In the nuanced world of crypto, questions abound concerning varying international trade laws, dispute resolution, and the true importance of geographical location. In the Caribbean, these concerns take center stage, forcing investors, law firms, and corporations to ponder their approach to crypto deals. As we delve into the specificity of B2B, B2C, and the nature…
Lowenstein Sandler’s Global Trade & Security released the latest version of their newsletter, “Trade Matters”, on November 7, 2023. Trade Matters provides essential updates in the areas of global trade and national security, focusing on the ever-evolving international laws and regulations. The link to this publication can be found here for your reading convenience. The…
Artificial Intelligence (AI) has an increasingly significant role in the legal field. Courts across the United States are contemplating how AI should be utilized in court filings, with various methods being explored to tackle issues such as disclosure, accuracy, and ethical duties. A thorough review of 196 federal court websites indicates that judges sustain the…
In a recent shift in policy, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) has offered a degree of sanctions relief to Venezuela. Specifically, OFAC issued General License 44, authorising transactions which concern Venezuela’s oil and gas industry that were formerly going against the Venezuelan Sanctions Regulations. This move is seen as…
October of 2023 has seen an array of noteworthy updates in trade law that may affect both multinational corporations and law firms alike. Our primary point of reference is an enlightening report published by Husch Blackwell LLC available here. In this article, we will cover some of the major developments with direct links to the…
On November 2, 2023, significant shifts in U.S. policy affecting legal and corporate interests worldwide were implemented by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). The OFAC issued General License (GL) 13G, GL 74, GL 75, and GL 76, all related to the Russian Harmful Foreign Activities Sanctions Regulations, 31…
The European Union recently extended the transitional period for the use of third-country benchmarks, a decision that has been detailed in the Official Journal of the European Union. This announcement follows the publication of a Commission Delegated Regulation on this matter. The extension expands the available timeframe until the end of 2025, providing ample room…
The United States government, in a bid to secure its critical technologies, has enforced additional and multiplex export controls over chips and semiconductor equipment. This increasingly strict stance is intended to safeguard the semiconductor, advanced computing, and supercomputer industries, as observed and analyzed by the International Trade & Regulatory Group at Alston & Bird. As…
On October 25, 2023, the American Shrimp Processors Association (hereinafter referred to as “the Petitioners”) lodged an antidumping duty petition concerning imports of frozen warmwater shrimp from Ecuador and Indonesia, alongside a countervailing duty petition against the same product from Ecuador, India, Indonesia, and Vietnam. This information was disclosed by White & Case LLP. The…
On October 17, 2023, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (“Petitioner”) filed a petition (“Petition”) to the U.S. Department of Commerce (“Commerce”) and the U.S. International Trade Commission (“ITC” or “Commission”). The request essentially concerns the possible imposition of antidumping duties (“ADD”) on certain vehicles’…
On October 25, 2023, the American Shrimp Processors Association (APSA) progressed their commitment to protecting the American industry by filing antidumping duty (AD) petitions on frozen warmwater shrimp from a number of import-heavy countries. Specifically, Ecuador and Indonesia have been subjected to these claims. The value of domestic shrimp is a focal concern of the…
In the recent edition of Law360’s Legal Lions, the spotlight was on Knobbe Martens, as the firm led the pack with a significant win. The U.S. International Trade Commission brought down the hammer, barring the importation of the widely popular Apple Watch. The decision lands on the heels of a determination that the device infringes…
On 26 October 2023, the Economic Crime and Corporate Transparency Act received royal assent. Shaped to tackle corruption, money laundering, and fraud, this new law is poised to have substantial impacts on businesses. Although full details of the law are currently not available, its advancements against economic crime are expected to bring about significant changes…
In a sudden pivot, The Office of the U.S. Trade Representative (USTR) retracted its support for e-commerce proposals previously put forward in World Trade Organization (WTO) negotiations on Wednesday, October 25. This move has negatively impacted the ongoing talks among 90 WTO Members – a trading bloc constituting more than half of the global economy….
Trade and commerce on an international level have always been accompanied by various complexities and legal hurdles, ones that are constantly changing and mutating as various nations adjust their regulations and enforcement measures. This week has proven particularly noteworthy, with an array of developments that demand the attention of corporations and law firms engaged in…