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Vol. I: Issue 9 - July 10, 2006

EU ANTIDUMPING
The Latest Series of Anti-Dumping Measures Proposed by the EU Clearly Show the Fingerprints of a More Liberalized Policy.
In the summer of 2005, the European Commission announced a large batch of new anti-dumping investigations, across a whole range of products, all of which are now coming up for final determination. The European Commission's proposals for dealing with many of them incorporate certain innovative features which seem to reflect a more friendly approach towards the treatment of non-European exporters. More…

MARKET ACCESS
The European Commission Formally Kicked Off Its Strategic Review of EU-China Trade Relations on 7th July With a High-Profile Conference in Brussels. The Conference was expressly designed to develop a special market access strategy towards China. According to EC Commissioner Mandelson, the Strategic Review will endeavour to find a broad-based 21st century partnership between the two trading partners, based on mutual economic interests. The format being used for this Review also sheds light on the future shape of the EU's revised general Market Access Strategy due to be rolled out at the end of this year. More…


US-India Agreement May Give U.S.-India Tech Transfers A Yellow Light.
The Bush Administration's controversial agreement with India to permit US-India cooperation in civilian nuclear technology is not likely to open the floodgates to U.S. technology exports any time soon. While Congress will likely approve such co-operation, it will seek various forms of oversight to address its non-proliferation concerns. More…



OAC Issues Proposed Anti-Boycott Penalty Guidelines.
There have been a number of recent statements by Saudi Arabia, Bahrain and other members of the Arab League suggesting that they are abandoning (or moderating) their longstanding boycott of Israel. Nonetheless, as reflected by recent enforcement actions brought by the U.S. Department of Commerce's Office of Anti-boycott Compliance (OAC), U.S. companies and those foreign affiliates "controlled in fact" by U.S. persons continue to receive boycott requests and must remain vigilant in their anti-boycott compliance efforts. More…


State Department Shifts Policies Toward Venezuela and Libya on Trade Sanctions.
The State Department recently removed Libya from the List of State Sponsors of Terrorism, and designated Venezuela as “not co-operating fully” with U.S. antiterrorism efforts. Neither determination will have an immediate practical effect on exports, however, as Libya remains a proscribed destination and the U.S. State Department reportedly already had an unofficial denial policy regarding license applications for exports to Venezuela. More…



New U.S. Legislation Could Impose Significant Penalties Against U.S. Companies that Provide Information to Internet-Restricting Countries Such as China.
The U.S. House of Representatives' International Relations Committee is readying to mark-up legislation that would impose significant penalties against U.S. companies that provide information about specific Internet users to the governments of “Internet restricting countries” such as China. More…


Potential Backlog in U.S. Validations Causes Concern for C-TPAT Members.
More than 10,000 companies and importers have applied to participate in C-TPAT since its post 9-11 inception. C-TPAT (Customs-Trade Partnership Against Terrorism) is a voluntary cargo security program under which CBP officials partner with private companies to review their supply chain security plans. More…



Supporters of U.S. Department of Transport's (“DOT”) Foreign Control Proposal Seek Changes to Expand Foreign Control While Opponents Argue the Rule Already Permits Too Much Foreign Control.
The U.S. DOT's revamped proposal for redefining “actual control” of U.S. airlines to encourage foreign investment drew support from five U.S. airlines while U.S. labor, Continental Airlines, and the U.K. 's two leading airlines voiced strong opposition. More…

EXPORT CONTROLS
China Export Rule: The Latest Development – What Does "Know" Mean?
On July 6th the U.S. Bureau of Industry and Security (“BIS”) published in the Federal Register a revised version of its "military end use" rule.  This rule imposes a license requirement on some forty-seven Commercial Control List (“CCL”) items (listed items also include equipment, technology, and software) where the exporter knows they are “intended, entirely or in part, for a military end use." More…

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