Fri, 04 May 2012 13:42:38 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin 83ba711b-3767-4698-93ea-5fd9cfaba862 Fri, 04 May 2012 13:42:38 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/This-Month-In-International-Trade-April-2012 95349215-2966-45e5-9d6c-e3d5ce624448 Thu, 03 May 2012 09:14:49 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/New-Presidential-Order-Aims-to-Help-Bridge-International-Regulatory-Discrepancies 916e458e-7d76-4210-9396-4a492158cde5 Fri, 27 Apr 2012 15:59:36 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Attempted-Country-of-Origin-Engineering-to-Avoid-Antidumping-Duties-Leads-to-False-Claims-Act-Exposure be67a18f-c556-4bf5-9e85-7b5fd692e6db Thu, 19 Apr 2012 16:59:03 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/A-First-Step-or-an-Empty-Gesture-Relaxing-Sanctions-against-Burma-Myanmar 2100dc84-bf2e-4f7e-af3d-cc5661cf775c Tue, 10 Apr 2012 12:37:57 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/This-Month-In-International-Trade-March-2012 76f6fdea-a75c-439e-8848-93dab5eb0716 Wed, 07 Mar 2012 17:11:39 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/This-Month-In-International-Trade-February-2012 f882307a-79cf-4de0-b738-c91bf7728eda Fri, 20 Jan 2012 15:24:43 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Recent-Guidance-For-The-Protection-of-Intellectual-Property-Rights-at-The-EU-Border 987ee5dc-f3ca-4364-8b09-df2162daef21 Mon, 09 Jan 2012 17:48:57 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/This-Month-In-International-Trade-December-2011 b4dffb13-460c-481e-af9e-2c2b1f96c654 Mon, 09 Jan 2012 14:21:57 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/This-Month-In-International-Trade-November-2011 964b6ca4-9a0e-4a60-8ab5-0fc42f680811 Tue, 22 Nov 2011 16:49:23 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/The-Noose-Tightens-US-UK-Canada-Announce-Coordinated-Sanctions-on-Iran 764924bc-f7d6-4a18-9e16-b00366de3447 Wed, 02 Nov 2011 09:59:28 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/This-Month-In-International-Trade-October-2011 4496397a-9163-4c81-a03b-ddb043cb8769 Mon, 17 Oct 2011 15:16:29 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Long-Stalled-Trade-Legislation-Finally-Passes-Congress 44e26532-9077-4285-ae0c-d4b637f1bd51 Fri, 30 Sep 2011 15:12:45 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Top-Five-Trade-Developments-Month-In-International-Trade-September-2011 cba411ca-0f36-499c-96ec-6b7ea576954e Wed, 28 Sep 2011 12:49:32 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Landmark-EU-Court-Ruling-Annuls-Anti-Dumping-Measures-For-Lack-of-Injury-Causation 81a55acf-92cc-463e-9334-68b07c38faf2 Wed, 31 Aug 2011 16:00:31 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/This-Month-In-International-Trade-August-2011 0eb92a0e-ce13-4df3-829d-23f3f1e0ac95 Fri, 19 Aug 2011 19:18:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Targeting-Syria-New-US-EU-Sanctions a5f77dd5-6a7a-47a3-abb9-ae6f2e7325a8 Thu, 11 Aug 2011 12:32:30 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/This-Month-In-International-Trade-July-2011 2ce29a0e-89cc-4e36-acde-64d03e2b52e5 Fri, 29 Jul 2011 14:29:00 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Commerce-Announces-Proposed-Rule-Address-Future-Controls-Over-Items-Removed-From-USML bd61111c-ef80-42c7-8901-8c65d4a7bd3d Wed, 06 Jul 2011 11:43:00 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/EU-Relents-on-Duty-Free-Status-for-Technology-Products-But 69ad09fb-e37c-433b-8684-1482d2119359 Tue, 05 Jul 2011 14:22:31 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/United-States-Supreme-Court-Declines-To-Expand-U-S 5738226e-f79f-47fc-8270-22079bd848c1 Fri, 01 Jul 2011 11:42:35 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/This-Month-In-International-Trade-June 18249f40-7194-49b5-8074-1f77d9c3af17 Thu, 30 Jun 2011 14:35:03 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/OFAC-Continues-Focus-on-the-Reinsurance-Industry-General 241c7bd8-ed6f-4c51-8ddc-e05d43d4eb5c Tue, 31 May 2011 16:40:30 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/This-Month-In-International-Trade-May b3001834-c5d3-4074-b107-c3229e6a4018 Wed, 18 May 2011 20:15:19 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Are-You-Leaving-Duty-Refunds-on-the-Table-Pursuing-Duty 1c1d4621-42b8-47a1-9730-73c07678f30a Mon, 16 May 2011 16:35:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Export-Controls-Long-Overdue-But-Still-Waiting-ITAR 3047b414-a932-43be-89c0-05e008784af4 Fri, 29 Apr 2011 16:38:29 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/OFAC-Continues-Iran-Insurance-Penalty e8120012-497e-4192-a407-4066f430e16e Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Libya-Sanctions-Redux-Qadhafi-on-the-Outs In response to the increasingly violent situation in Libya, in the past few days the United States, the United Nations Security Council, and the European Union have successively announced targeted sanctions against Libya and senior members of the Libyan government aimed at freezing the regime's assets and limiting access to weapons. 56ad318d-ec24-480f-b1f9-3ee8b0b2f5ba Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Supreme-Court-Hears-Arguments-on-Expanding-U-S On January 11, 2011, the Supreme Court heard arguments in two cases from state supreme courts that, if affirmed, would significantly expand the reach of U.S. courts' jurisdiction over foreign manufacturers whose products are sold in the United States. The first case, McIntyre Machinery, Ltd. v. Nicastro (New Jersey), involved specific personal jurisdiction, the type of jurisdiction that is based on the ties between the defendant, the forum state, and the cause of action in a particular case. The second, Goodyear v. Brown (North Carolina), involved general personal jurisdiction, which is based more broadly on whether the defendant has established "continuous and systematic" ties with the forum state. 87237013-68ee-45ff-aa85-ffe8239a43c2 Fri, 29 Jul 2011 14:40:32 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Export-Control-Reform-Marches-On-Munitions-List-Revision-Underway Creating a "positive" list of what items are controlled under the International Traffic in Arms Regulations (ITAR) is a key element of the Administration's Export Control Reform initiative. Such a positive list would ultimately be divided into three tiers with different levels of control based on different destinations, end uses and end users. In two important notices last week, the Department of State's Directorate of Defense Trade Controls (DDTC) outlined the methodology developed for revision of the U.S. Munitions List (USML), recognized the value of comments from affected industry sectors, and invited comments by February 8, 2011. d992930f-6ba1-46ab-b9e1-13ef21055c61 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Early-Export-Control-Reform-Steps-BIS-Proposes-New The Department of Commerce's Bureau of Industry and Security (BIS) today issued a proposed rule (75 Fed. Reg. 76653) as part of the President's Export Control Reform Initiative that, if made final, will amend the Export Administration Regulations (EAR) to create a new license exception. The proposed Strategic Trade Authorization (STA) license exception would eliminate the license requirement for exports, reexports and in-country transfers of goods and technology for which a license cannot be justified by U.S. national security and foreign policy. 57e721e2-0b3e-4e61-aa7b-8cb9ea299340 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/The-EU-s-New-Iran-Sanctions On October 27, 2010, the EU's Official Journal published a new Regulation imposing restrictive measures/sanctions on Iran which came into force on that day. Council Regulation (EU) No. 961/2010 of 25 October 2010 (the "Regulation") will replace the previous Iran Regulation (Council Regulation (EC) No. 423/2007, as amended). The Regulation implements the measures stipulated in Council Decision 2010/413/CFSP of 26 July 2010, UN Security Council Resolution 1929 (2010), as well as in Council Declaration of 17 June 2010. It is the most comprehensive sanction regime in the history of the European Union with far-reaching consequences across many industries and sectors. The new Regulation generally prohibits sale of controlled dual use items and technology (regardless of origin) to Iranian persons, broadly defined to include companies outside of Iran but owned or controlled by a resident of Iran or entity having its registered office in Iran. 6d90ad15-e2d2-4901-833c-c385db070d51 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/State-Expressly-Authorizes-Certain-Hand-Carried-Exports-of The Directorate of Defense Trade Controls (DDTC) has finally put to rest a long-festering interpretive question arising out of the International Traffic in Arms Regulations'(ITAR) 124.5(b)(9) license exemption, which previously permitted certain exports of technical data "sent by a U.S. corporation," but did not specifically address hand-carries. The revised exemption (75 Fed. Reg. 52625 (Aug. 27, 2010)), nearly identical to the November 2009 proposed rule, expressly authorizes hand-carried technical data exports meeting the limitations of the rule - including exports of technical data stored on laptops. d9073b80-e5b3-459d-b9c1-7d9a88fb5558 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Export-Controls-State-Offers-Salve-to-Longstanding Today, the Directorate of Defense Trade Controls published a proposed rule (75 Fed. Reg. 48625 (Aug. 11, 2010)) that would soften considerably the longstanding policy of requiring authorized foreign recipients of ITAR controlled technical data (or defense articles) to obtain express authorization for its employees who are dual or third country nationals to have access to the controlled information. State recognizes its prior policy implicates human rights issues and has caused significant concern for companies (and governments) of major allies such as Canada and the United Kingdom where employment laws strictly limit use of citizenship and nationality data. 140f1dcd-52d7-400c-8b84-0b4ce8a8592a Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Export-Controls-Commodity-Jurisdiction While we await the President's promise to reform the export control system and specifically to address (and perhaps abandon) the outmoded "specifically designed for military use" criteria for determining commodity jurisdiction, the Department of State has taken a baby step to streamlining and making more transparent the current process. 5a551e81-0ca3-4f7e-b47f-b1c6c7f2b645 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Welcome-Revisions-to-the-Encryption-Export-Control On June 25, 2010, the Department of Commerce, Bureau of Industry and Security ("BIS"), issued an interim final rule (75 Fed. Reg. 36481), significantly modifying and relaxing certain regulations regarding encryption items under the Export Administration Regulations ("EAR"). d65819c4-9cec-470f-98d3-d5bdb9141350 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Supreme-Court-Review-of-Copyright-Act-s-First-Sale-Rule Yesterday, the Supreme Court granted certiorari in the case of Costco v. Omega1, a copyright dispute that could have profound implications for the ability of manufacturers engaged in global trade of IP-intensive goods to manage distribution of their goods in multiple markets. Specifically, should the Supreme Court reverse the lower court’s ruling, the practical effect will be that U.S. copyright owners whose goods are manufactured and first sold overseas may lose the right to control whether, at what price, and under what other conditions those goods subsequently are resold and imported into the United States. This would make market segmentation and destination pricing – which are strategically critical for many manufacturers of IP-intensive goods – substantially more difficult. Although the question before the Court is limited to interpretation of a provision of the Copyright Act, a broadening of the first sale rule could spill over into the patent area, affecting ... 31971dfa-72f9-43b3-9665-c29d37eea9f6 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/New-DDTC-Management-Team-Follows-Through-With-Promise-to Perhaps one of the most interesting takeaways from SIA's Annual Conference last Fall was the perception that senior DDTC management understood certain provisions of the International Traffic in Arms Regulations (ITAR) served no particular useful purpose. e46afd91-8711-4983-81bb-15d36d278a2b Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/ITC-Issues-Customs-Value-First-Sale-Rule-Report-Are As required by the Food Conservation and Energy Act of 2008 (the Act), the U.S. International Trade Commission (ITC) recently issued a report on the use of the first sale rule for customs valuation of imports. Under the first sale rule importers may lower duties by using the first sales price for goods, which are sold multiple times before importation, to determine duty liability. For example, an item may be produced in China, sold to a middleman in Hong Kong, and in turn sold to a buyer/importer in Los Angeles. The first sale rule allows the U.S. importer to declare the product's value, for import duty purposes, as the price of the original China-Hong Kong transaction. Because the value attributable to earlier sales may be lower than that assigned to later sales, use of the first sale rule can lower the duties paid by importers. 17d0b512-f7b4-489b-869f-d75ec37b6182 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Brazil-s-Office-of-Foreign-Trade-Announces-Proposed-List On November 9, 2009, Brazil's Office of Foreign Trade (CAMEX) published Resolution 74, initiating public consultation on a preliminary list of U.S. goods that may be subject to higher import duties. CAMEX has taken this action in light of a World Trade Organization (WTO) arbitrator's finding that Brazil is entitled to retaliate for failure of the United States to come into compliance with WTO rules pertaining to subsidies it gives to cotton growers. CAMEX proposes to impose import duties equal to as much as 100% of the value of the U.S. goods included on the attached list. Major product categories covered by the list include food, non-alcoholic beverages, medical products and medicines, beauty products, cotton, articles of clothing, vehicles, and household products. Interested parties are invited to provide comments to CAMEX by November 30, 2009. 48529a6b-cd6f-462d-9907-b68ffce7c551 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Customs-Proposes-Regulations-to-Allow-Offsets-of-Duty U.S. Customs and Border Protection (CBP) recently announced proposed amendments to its regulations to allow for sampling and offsetting of underpayments with overpayments in CBP audits and prior disclosures. 74 Fed. Reg. 53,964 (October 21, 2009). For years CBP and importers have used sampling in audits and prior disclosures, and the Trade Act of 2002 requires use of offsets in audits. Many CBP officials, however, will not accept offsets in audits and CBP does not accept offsets in prior disclosures. The proposed regulations formally establish the methods and circumstances under which CBP will allow sampling and offsets. 1d5c638a-66e5-4032-965e-a4643146b5eb Tue, 21 Feb 2012 00:17:58 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Asia-Pacific-FTAs-New-agreements-offer-cost-savings The pace of trade liberalization on a country-to-country (bilateral) basis through the negotiation of free trade agreements (FTAs) has accelerated at an unprecedented pace in 2009. While global trade talks at the World Trade Organization (WTO) have stagnated and the Obama Administration's trade agenda is still taking shape, other countries have continued to pursue active trade agendas to create new business opportunities for global manufacturers, farmers, and service providers. 71ba974c-861c-4864-9a34-5f095148587e Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/U-S-China-High-Tech-Trade-Time-to-Break-the-Ice On September 29, 2009, delegates from the U.S. Department of Commerce and the People's Republic of China's Ministry of Commerce ("MOFCOM") had an all-day dialogue with representatives of U.S. and Chinese companies in the aerospace, civil aviation and IT industries as a prologue to the fourth U.S.-China High Technology Working Group ("HTWG") meeting. Panelists included Mr. Daniel O. Hill, acting Under Secretary for Industry and Security and Mr. Jiang Yaoping, the vice Minister of MOFCOM in charge of high-tech industry. Co-sponsored by the National Association of the Manufacturers ("NAM"), this was the first time the HTWG meeting was opened up to and solicited candid feedback from the private sector in the high technology industries. While conducted "off-the-record," specific issues that the two governments and private sector are likely to consider going forward emerged: 470bf802-7c31-47cc-87b0-97689bd844cc Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Market-Access-USTR-Requests-Information-on-Foreign-Trade Each year the Office of the U.S. Trade Representative (USTR) catalogs barriers that U.S. companies report facing around the world to exports of goods and services, investment, and the protection of intellectual property rights. On September 24, 2009, USTR requested submissions for its 2010 National Trade Estimate (NTE) report and two new reports, one focused on standards-related barriers to trade and the other focused on sanitary and phytosanitary (SPS) measures that operate as barriers to trade. Submissions are due November 4 (for standards and SPS comments, see below) and November 18 (for the NTE comments). f0998b33-849b-4104-ac7d-250cce9795a1 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Increased-Tariffs-on-Chinese-Imports-It-s-About-More-Than On September 11, 2009, President Obama exercised his authority under section 421 of the Trade Act of 1974 to impose increased tariffs on Chinese tires over a three-year period in response to rapidly increasing imports. This is the first time a President has taken action under Section 421, a "safeguard" provision to deal with import surges from China that was enacted in 2000 as part of legislation paving the way for China to join the World Trade Organization ("WTO"). The action has important implications that go well beyond trade in tires. 1ded5fef-6feb-412e-83c5-fc96e24dcaf9 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Cuba-and-Telecommunications-The-Door-Opens Since President Obama's April 13th announcement relaxing the U.S. embargo of Cuba to increase contact between family members in the United States and Cuba and the flow of information to the Cuban people, many have awaited the details of the proposed changes. In the September 8, 2009 Federal Register, the details emerge for telecommunications and related travel, as implemented by the Treasury Department's Office of Foreign Assets Control (OFAC) and the Commerce Department's Bureau of Industry and Security (BIS). Both agencies have jurisdiction over trade and transactions with Cuba. 2766ee6b-9a67-4389-b726-a49eb15a8d2e Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Imminent-overhaul-of-dual-use-export-rules-for-companies On 27 August 2009, new legislation controlling the export of dual-use items and certain brokering services from, within or through the European Union will come into force. Council Regulation (EC) 428/2009 of 5 May 2009 ("the Recast Dual-Use Regulation") will replace the current Dual-Use Regulation (Council Regulation (EC) 1334/2000, as amended). The Recast Dual-Use Regulation not only consolidates the many prior amendments to the original regulation, but also introduces some important new controls and seeks to foster increased harmonisation and cooperation among the EU Member States in their implementation. 3470c015-8041-4f51-940f-35edecf9bd93 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/DDTC-s-Failure-to-Disclose-Publicly-That-Particular Acknowledging that it may be a "fool's errand" for the Directorate of Defense Trade Controls (DDTC) to attempt to list each riflescope that is made to a military specification and thus covered by the U.S. Munitions List, the Seventh Circuit nonetheless reversed a conviction under the Arms Export Control Act (AECA) because the United States failed to prove that the defendant knew this Leopold Mark 4 CQ/T riflescope had been "manufactured to military specifications" captured by USML Category I(f). United States v. Pulungan, 569 F.3d 326, (7th Cir. 2009). In doing so, it may well have opened the door a crack to judicial review of DDTC's unpublished commodity jurisdiction determinations. be68c909-362e-49c7-8222-ac0e4c4f8721 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Analytical-Methods-Inc-Fined-500-000-For-Failing-to In announcing last week the January 2009 settlement with Analytical Methods, Inc., the Directorate of Defense Trade Controls (DDTC) once again sounded a warning to commercial companies that provide goods and services to defense and aerospace companies. Although the size of the fine was modest by DDTC standards ($100,000 to DDTC and $400,000 for compliance improvements), the matter provides some important lessons. d79476c1-4c06-4117-8f01-95c286e7cfee Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/USTR-Invites-Public-Comments-on-2008-Import-Statistics-and The Office of the United States Trade Representative (USTR) has announced that calendar year 2008 statistics relating to competitive need limitations (CNLs) under the Generalized System of Preferences (GSP) program are now available online. 74 Fed. Reg. 9,642 (March 5, 2009). USTR will be accepting public comments until 5:00 p.m. on March 23, 2009, regarding (1) potential revocation of CNL waivers; (2) possible de minimis CNL waivers; and (3) possible redesignations of articles currently not eligible for GSP benefits because they previously exceeded the CNL thresholds. Additionally, the USTR announced a schedule for hearings and public comments related to petitions to modify the GSP status of certain beneficiary countries because of country practices. 74 Fed. Reg. 11,141 (March 16, 2009). b20f8e21-0a9b-48df-ab45-63b1bb66f830 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Omnibus-Spending-Bill-Important-Impact-on-U-S-Trade The 2009 Omnibus Appropriations Act (H.R. 1105), which passed the House by a 245 to 178 vote on February 25 and the Senate by voice vote (following a 62 to 35 vote to cut off debate) on March 10 and was signed by President Obama on March 11 may significantly impact U.S. international trade policy. The inclusion of provisions that do not merely appropriate but make substantive law in spending bills is nothing new. What sets the FY 2009 Omnibus Appropriations Act apart is the extent to which House and Senate appropriators weighed into the realm of substantive trade policy-making, likely reflecting their differences with members of the committees of jurisdiction (House Ways and Means and Senate Finance) and perhaps foretelling a greater assertiveness on trade policy from members of Congress outside of those committees. In addition to laying down key markers for the course of U.S. trade policy in ... 22c591c6-b06c-4dd8-9f3e-4f4c03293d15 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Modification-of-Iran-Reexport-Licensing-Requirements-Hits New restrictions aimed at ceasing trade with Iran target buyers of U.S.-origin technology and components classified in ten categories. The restrictions cover many products, including portable electric generators, certain electronic testing equipment, some commercial communication devices (such as cell phones and navigation devices), and parts and components of civil aircraft. These items were previously eligible for reexport to Iran from third countries, but are now subject to a license requirement, and applications of this type are generally denied. The rule revision also affects those who incorporate these items into foreign-made products for sale to Iran. ea83806b-0fb8-4c83-87a0-ad5ada0b87e5 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/BIS-Invites-Comments-on-Effects-of-U-S-Export-Controls-on Change is coming, or so we have been promised, and Commerce's Bureau of Industry & Security (BIS) apparently is not waiting for the new administration to take office. 907ae697-7764-43c9-b0c3-9edf19255da7 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Deadline-for-Costa-Rica-to-Join-CAFTA-DR-Extended Deadline for Costa Rica to Join CAFTA-DR Extended: On August 2, 2005 the United States-Dominican Republic-Central America Free Trade Agreement (CAFTA) was signed into law in the United States. 38cd406e-ab5c-4eb7-a2fc-98d8b52a06b5 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/USTR-Commences-Annual-GSP-Review-of-Competitive-Need The Office of the United States Trade Representative (USTR) has published a notice in the Federal Register regarding the 2008 annual product review of competitive need limitations (CNL) under the Generalized System of Preferences (GSP) program. 73 Fed. Reg. 61,444 (Oct. 16, 2008). The GSP program provides for the duty-free importation of designated articles from developing countries. However, if a developing country exports a quantity of the product to the United States exceeding the CNLs set by statute, that product will lose its GSP duty-free status, unless a waiver of the CNL is granted for that product. 5d491677-5886-4e46-a957-2660f324e6e2 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/APHIS-Publishes-Notice-on-the-Implementation-and On October 8, 2008, the Animal Plant and Health Inspection Service (APHIS) published notice and requested comments on new Lacey Act provisions that impose significant new requirements on imports and trade related to plants and plant products. 73 Fed. Reg. 58,925 (Oct. 8, 2008). The APHIS notice focuses on how the government will implement and enforce the broad new import declaration requirements for plant and plant products. Comments are due December 8, 2008. 02f71102-ec4c-46bb-a41c-f7b4c18df483 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Managing-Hand-Carry-Export-Import Business travelers carrying confidential and proprietary company information across international borders were recently reminded of the importance of protecting that information. The recent decisions in U.S. v. Arnold, 523 F.3d 941 (9th Cir. 2008) and In re Boucher, 2007 WL 4246473 (D. Vt. 2007) reaffirmed that U.S. Customs and Border Protection (CBP) has considerable discretion in searching laptops or other commonly carried electronic devices (like PDAs), and the owner or carrier’s right of privacy may be construed narrowly. Although CBP has indicated that it has special procedures to handle attorney-client privileged and other sensitive information derived from searches, there are no guarantees, and CBP’s broad discretion in this area creates significant risks of involuntary waiver and/or disclosure of such information. To minimize these risks, companies should keep their employees informed of their responsibilities related to hand-carried items as they travel abroad. Taking preventative measures in advance may reduce the likelihood ... f2d27673-2b16-480c-a8fd-7cb9696dfd1c Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/OFAC-Interim-Enforcement-Guidelines-Reaffirm-Need-for The Treasury Department's Office of Foreign Assets Control (OFAC) has issued interim Economic Sanctions Enforcement Guidelines, effective September 8, to implement the October 2007 International Emergency Economic Powers Enhancement Act (Enhancement Act). The Enhancement Act increased the maximum statutory civil penalty to the greater of $250,000 or twice the amount of the transaction. 6ec1570a-9912-4f0c-82ae-bab67f403f28 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/FCPA-Enforcement-Update-DOJ-Arrests-Four-Individuals-for-1352027 Recent FCPA arrests demonstrate continued emphasis on prosecuting individuals. The Department of Justice announced last week the arrest and indictment of four individuals on charges that they and their company, Nexus Technologies, Inc., paid at least $150,000 in bribes to Vietnamese officials to obtain contracts to supply the Vietnamese government with technology and equipment, including underwater mapping equipment, bomb containment equipment, helicopter parts, chemical detectors, satellite communication parts, and air tracking systems. Nexus Technologies was also indicted and has not entered a plea or deferred prosecution agreement. The company, which is incorporated in Delaware and has offices in Philadelphia, New Jersey, and Ho Chi Minh City, Vietnam, is in the business of procuring equipment and consulting services for various sectors, including the petroleum, power generation, civil aviation, and maritime industries. The individual defendants were identified as Joseph Lukas, An Nguyen, Kim Nguyen, and Nam Nguyen, all of whom are U.S. ... 0145a8b5-66fb-4a79-88ed-5235399b8caf Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/European-Sanctions-on-Iran-Compliance-for-European Recent news reports indicate that measures the EU is cracking down on small and mid-sized enterprises that are trading with and investing in Iran. There have been no new EU-wide rules since 7 August 2008 when the EU adopted a common position in order to implement United Nations Security Council Resolution 1803 (2008); however, there is increasing pressure on the EU and its Member States to enforce more stringently the existing UN sanctions as well as propose new measures with a broader scope. ca95fe8d-ad7e-494a-8e56-1a3c395d503b Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/BIS-to-Expand-Entity The Commerce Dept.'s Bureau of Industry and Security ("BIS") issued a final rule expanding the reasons for adding parties to the Entity List, which provides public notice that BIS licenses will be required for exports and reexports to certain recipients. See 73 Fed. Reg. 49311 (Aug. 21, 2008). The Final Rule gives BIS flexibility in identifying, among other things, those who pose a risk to national security, support terrorism and weapons proliferation or are preventing end use checks. BIS has broad discretion to include entities on the list, even if the activities and items giving rise to the designation are not otherwise subject to the Export Administration Regulations ("EAR"). Just as with other lists, such as those administered by OFAC, this expansion announced by BIS accelerates the movement towards list-based, targeted license requirements in addition to the more traditional country-based restrictions. b3fe53e5-d9cc-478d-898a-54917911df16 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Patent-Application-Process-Must-Be-Compliant-with-U-S-1352005 Commerce Reinforces the Need for Export Compliance in Patent Transactions. The Department of Commerce – through the U.S. Patent & Trademark Office (USPTO) and the Bureau of Industry and Security (BIS) – is reaching out to patent applicants and practitioners in several ways to ensure compliance with U.S. export control obligations relevant in the patent context. cb4ed4bf-c5e1-45d8-ac18-1a53977d08ab Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Customs-Proposes-Major-Change-to-Origin Customs & Border Protection (CBP) has issued a proposed rule that, if implemented, will fundamentally change the way that importers must analyze and determine the country of origin of many imported goods. Under CBP's regulations, where an imported product is processed in or contains inputs from multiple countries, the country of origin is the last country in which a "substantial transformation" occurred. In most cases (other than for products imported subject to Free Trade Agreements like NAFTA that have their own origin regimes), the "substantial transformation" analysis is based on a case-by-case analysis of each product and manufacturing process. This structure allows importers to make the case -- on a product-by-product basis -- that a particular operation does (or does not) constitute a "substantial transformation." The proposed rule, however, would eliminate this ad hoc analysis in favor of a more objective "tariff shift" analysis. Under this structure, country of origin ... 568d53b2-0e4a-4f62-9810-46f84aa890f6 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Customs-10-2 Importers face a new filing obligation arising before the entry documents are filed, and indeed before merchandise is even loaded into a container: a recent Customs proposal would mandate the submission of an Importer Security Filing ("ISF") 24 hours prior to container loading. a1f5df2e-9762-49c7-b8b5-1331f63f44e2 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/SEC-Disclosure-Requirements-for-State-Sponsors-of In an effort to provide investors with greater transparency as to public issuers’ disclosures concerning their activities with terrorist-sponsoring countries, the SEC, in June 2007, released a web tool listing "Companies' Activities in Countries Known to Sponsor Terrorism." However, in response to the receipt of numerous complaints concerning the web tool, the SEC removed the list and announced its plan to re-launch the "reference tool" after it addressed the voiced concerns. f387e027-12ba-4bbd-ac08-8fc6931ca052 Fri, 08 Apr 2011 17:38:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/Export-Compliance-and-List Confirmation came this week that BIS is moving ahead with its expanded Entities List proposal which means that exporters will continue to face increasingly difficult list management issues. The proposed rule would allow BIS to identify entities that it reasonably believes pose a risk of being involved in activities that are contrary to the national security or foreign policy interests of the U.S. effectively expanding the criteria used to restrict exports to foreign entities. This effort reflects the ongoing expansion of list-based controls employed by export agencies. Managing the impact of these lists goes well beyond order processing to the full range of international business, including joint research, outsourcing, joint ventures, and many other collaborative efforts driven by globalization. fb14dbff-e2ed-498f-a978-92439277a7fa Fri, 08 Apr 2011 17:38:01 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/BIS-Issues-Final-Rule-on-China In publishing its long-awaited rule imposing controls on exports to the PRC, BIS has imposed controls where the exporter "knows" of a military end use for 31 categories (down from 47) of items on the Commerce Control List, and created a new authorization for some exports to China that would require a license unless destined to Validated End Users ("VEUs"). 65df949f-b23b-46fb-9ec1-bb19231ddf6c Fri, 08 Apr 2011 17:38:01 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/U-S-Korea-Free-Trade-Agreement-Text-Made-Public-Providing U.S.-Korea Free Trade Agreement Text Made Public Providing Important Details on How Companies Can Capitalize on New Korean Market Access Opportunities cc85e6a9-936c-49ab-a6b5-5b242acf5295 Fri, 08 Apr 2011 17:38:01 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/New-Customs-Publication-Demands-Independent-Satisfaction Several weeks ago, U.S. Customs issued another in its series of Informed Compliance Publications for importers, this one concerning transfer pricing. 5593604b-1dc9-49f6-8fcd-4a8753d1d2af Fri, 08 Apr 2011 17:38:01 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/International-Trade-Bulletin-Volume-2-Issue a5242b18-64cc-426a-bbcb-d2614574f62a Fri, 08 Apr 2011 17:38:01 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/International-Trade-Bulletin/International-Trade-Bulletin-Volume-1-Issue-1351361 85252539-cd8a-40ac-8bbe-0698e03d22db Fri, 08 Apr 2011 17:38:01 GMT 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