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June 12, 2006

DATA PROTECTION
European Court of Justice Annuls PNR Data Transfer Framework.
On May 30, the European Court of Justice ("ECJ") annulled the decisions of the European Council and the European Commission which contained requirements to ensure an adequate level of data protection for the processing and transfer of Passenger Name Records ("PNR") from the EU to the United States Bureau of Customs and Border Protection ("CBP") in the U.S. More…


C-TPAT Establishes Mandatory Security Link Portal.
U.S. Customs and Border Protection ("CBP") has established as part of its Customs-Trade Partnership Against Terrorism
("C-TPAT") program a security link portal. All certified C-TPAT members and eligible C-TPAT participants are now required to create and maintain an account on this portal. More…



Recent Regulations Proposed by Department of State Will Make US Agency Regulators More Accountable for Regulatory Commitments Abroad.
The rules are proposed at a time when international agreements are becoming an increasingly important source of regulation by the federal government, affecting everything from agricultural pesticides, to exhaust standards or ballast water standards for oceangoing ships, to asthma inhalers. More…



Multi-National Firms Use Southeast Asian FTAs to Enter Indian Markets Demonstrating the Benefits of FTAs to Non-FTA Party Companies.
In yet another sign of the growing awareness by international trade-related companies about the benefits provided by bilateral and regional free trade agreements (“FTAs”), Japanese, South Korean and Swiss multinational companies are utilizing their Southeast Asian operations and India's bilateral free trade agreements with Thailand and Singapore to ship products tariff-free directly to India's booming markets.More…


Pharmaceutical Companies May Face Override of Patent Rights for Public Health Concerns.
Introduced by Democratic Senator Leahy, the Life-Saving Medicines Export Act of 2006 ("Act") would allow for the compulsory licensing of patented pharmaceuticals to less-developed countries faced with public health crises. More…



New Agreement Among WTO Members Could Allow Foreign Companies Greater Access to Taiwan's Government Procurement Market.
WTO members reached an agreement on June 2 which would allow Taiwan to implement its obligation to accede to the WTO Government Procurement Agreement (“GPA”), which requires signatories to guarantee fair international competition for government procurement contracts. More…



European Commissioner for Trade, Peter Mandleson, announces review to decide the best way of balancing competing commercial interests in enforcing EU anti-dumping policy.
Recognizing that anti-dumping duties adversely affect an increasingly wide spectrum of different economic operators in an increasingly globalised world, EU Commissioner for Trade, Peter Mandelson, has announced that the European Commission will launch a formal consultation in the second half of 2006 on developing a formula to strike the right balance of commercial interests when the EU decides to use its anti-dumping instrument. More…


BIS Reaffirms Deemed Export Rules By Formally Withdrawing Advance Notice of Proposed Rulemaking.
Exporters felt some initial relief when BIS declined to make changes suggested by the U.S. Department of Commerce Office of Inspector General ("OIG") Report. On May 31, BIS gave further comfort to those who wrestle with the EAR and explained why it had not made any changes, thereby providing a valuable articulation of policy that will guide exporters in this area. More…



June, 2006
Crowell & Moring hosted two major client events on June 1, 2006. The Brussels office held a series of roundtable discussions on privacy, antitrust and international trade issues and the Irvine office hosted "Globalization Accelerates,"—the fourth installment in their series on the subject. If you would like to receive invitations to future Crowell & Moring events, please send your contact information to events@crowell.com.

US: Careful Dealing
Jeffrey L. Snyder, Lorry B. Halloway and Alan W.H. Gourley write about managing the risks of U.S. trade laws in international deals. Click here to read the full article.

June 20, 2006
Jeff Snyder will be speaking on customs regulation for the import and export of ITAR related items at the National Forum on ITAR Compliance in Washington, DC. More…

June 28-July 1, 2006
Kim Nobles will be chairing and moderating a panel on "China Issues" at the United States Federal Circuit Bar Association Annual conference. More…

FALSE CLAIMS
No court is willing to accept jurisdiction over False Claims Act actions for Customs violations.
In the latest effort by the U.S. government to use the False Claims Act ("FCA") to recover duties avoided by false statements and penalties, the Court of International Trade ("CIT") has ruled that it does not have jurisdiction over such FCA claims. More…

NAFTA
Customs Tightening NAFTA Recordkeeping Requirements.
A NAFTA penalty action has raised serious concerns among importers who bring merchandise into the U.S. free of duty under NAFTA. A recent penalty issued to Ford Motor Company has spurred debate among importers regarding the extent of required import records. More…

Crowell & Moring LLP is a full-service law firm with more than 300 attorneys practicing in litigation, antitrust, government contracts, corporate, intellectual property and more than 40 other practice areas. More than two-thirds of the firm's attorneys regularly litigate disputes on behalf of domestic and international corporations, start-up businesses, and individuals. Crowell & Moring's extensive client work ranges from advising on one of the world's largest telecommunications mergers to representing governments and corporations on international arbitration matters. Based in Washington, DC, the firm has offices in Brussels, California and London. Visit Crowell & Moring online at www.crowell.com.

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