The Month in International Trade – November 2023
Client Alert | 10 min read | 12.08.23
Top Trade Developments
- Crowell & Moring Named to “GIR 100” for Ninth Consecutive Year
- IPEF Supply Chain Agreement Formally Signed by 14 Indo-Pacific Nations
- DoD Releases Additional Guidance on the Department’s Artificial Intelligence Strategy
- The ITC Continues to Play a Critical Role in Combating International Trade Secret Theft
- European Parliament Adopts Final EU Data Act
- European Data Protection Supervisor Releases New Opinion on the EU’s Proposed AI Act
This news bulletin is provided by the International Trade Group of Crowell & Moring. If you have questions or need assistance on trade law matters, please contact Jana del-Cerro, Anand Sithian, or Simeon Yerokun or any member of the International Trade Group.
Top Trade Developments
Crowell & Moring Named to “GIR 100” for Ninth Consecutive Year
Global Investigations Review has named Crowell & Moring’s Investigations and White Collar & Regulatory Enforcement groups to its prestigious GIR 100 list, an annual guide to the world’s leading cross-border investigations practices. Based on extensive research, GIR selects 100 firms from around the world that it deems most able to handle sophisticated cross-border government-led and internal investigations. This is the ninth consecutive year that Crowell has made the list.
The publication highlighted how the firm “has a strong reputation in the FCPA market and [a] history of working on cutting edge cases,” as well as the “ability to negotiate favorable settlements.”
According to GIR, the firm “has been very active on the talent acquisition front,” with new hires at the firm including Jason M. Crawford returning to the firm to specialize in False Claims Act cases and Aaron C. Cummings joining as co-chair of the Government Affairs Group from his role as chief of staff to Senator Chuck Grassley (R-IA). Also highlighted were partners Jennie Wang VonCannon and Agustin D. Orozco, both former assistant U.S. attorneys who joined the firm in 2022; as well as hires from 2021 including partner Michael D. Mann, who joined the firm from Kibbe & Orbe and brings over a decade of experience at the SEC’s enforcement division; partner Preston L. Pugh, who has monitorship experience and specializes in FCA, whistleblower investigations, and ESG work; and partner Michael K. Atkinson, who previously served as the inspector general of the intelligence community, among other high-ranking roles at the DOJ.
GIR noted Crowell’s deep bench including partners Tom Hanusik, who chairs the Investigations Group; Philip T. Inglima, chair of Crowell; and Kelly T. Currie, former acting U.S. attorney. The editors also recognized the “impressive white-collar defence lawyers in [the firm’s] international trade group, who advise on sanctions and export controls matters,” highlighting partners Caroline E. Brown, Carlton Greene, and Dj Wolff.
Click here to read the full profile of the firm in the “GIR 100.”
IPEF Supply Chain Agreement Formally Signed by 14 Indo-Pacific Nations
On November 16, the U.S. signed a major multilateral supply chain agreement with its 13 Indo-Pacific Economic Framework for Prosperity (IPEF) partners – Australia, Brunei, Fiji, India, Indonesia, Japan, Republic of Korea, Malaysia, New Zealand, Philippines, Singapore, Thailand, and Vietnam.
As highlighted in the IPEF joint statement, the 14 countries announced the signature of the IPEF Supply Chain Agreement. In addition, IPEF member-states announced the “substantial conclusion of negotiations” for the IPEF Clean Economy Agreement, IPEF Fair Economy Agreement, and the Agreement on the Indo-Pacific Economic Framework for Prosperity.
Together, these agreements aim to enhance U.S. economic engagement and address emerging challenges in a region representing 40% of global GDP and 28% of global goods and services trade.
Click here to continue reading the full version of this article.
For more information, contact: Jeff Snyder, Dmitry Bergoltsev
DoD Releases Additional Guidance on the Department’s Artificial Intelligence Strategy
On November 2, 2023, the Department of Defense (DoD) released its 2023 DoD Data, Analytics, and Artificial Intelligence Adoption Strategy (2023 Strategy), and an accompanying Fact Sheet, to accelerate the adoption of analytics, data, and artificial intelligence (AI) technologies that will enable better and faster decision-making at all levels and across the DoD.
The 2023 Strategy builds upon and supersedes the DoD’s first AI Strategy published in 2019, reported on here, and the revised Data Strategy published in 2020 to continue the DoD’s digital transformation, unifying previous guidance and enabling stronger alignment and synchronization to scale advanced capabilities for use across the DoD.
Click here to continue reading the full version of this article.
For more information, contact: Michelle Coleman, Laura Baker, Zariah Altman
The ITC Continues to Play a Critical Role in Combating International Trade Secret Theft
Confirming the Federal Circuit’s 2011 decision in TianRui, the International Trade Commission has statutory authority over the importation of goods into the US incorporating misappropriated trade secrets, even if the acts of misappropriation occurred wholly outside the US.
Click here to continue reading the full version of this alert.
For more information, contact: Kathryn Clune, Michelle Wang
European Parliament Adopts Final EU Data Act
On November 9, 2023, the European Parliament has adopted the final version of the Data Act, marking a significant milestone in the evolving landscape of digital regulation. The Data Act is part of the European Commission’s broader strategy to shape Europe’s digital future (see our earlier posts here and here).
Click here to continue reading the full version of this alert.
For more information, contact: Yung Shin Van Der Sype, Sari Depreeuw, Maarten Stassen
European Data Protection Supervisor Releases New Opinion on the EU’s Proposed AI Act
On November 9, 2023, the European Parliament has adopted the final version of the Data Act, marking a significant milestone in the evolving landscape of digital regulation. The Data Act is part of the European Commission’s broader strategy to shape Europe’s digital future (see our earlier posts here and here).
Click here to continue reading the full version of this alert.
For more information, contact: Maarten Stassen, Sari Depreeuw, Yung Shin Van Der Sype, Arthur Focquet
Crowell Welcomes
Andrew Schlegel is an international trade analyst in Crowell & Moring’s International Trade Group and a resident in the firm’s Washington, D.C. office. He joins Crowell after serving as an intern at SAP’s Government Affairs Business Development Team in Berlin, Germany. Before his time with SAP, he completed an internship at the International Trade Administration’s Office of Energy and Environmental Industries. At Crowell, Andrew will provide practice support on import regulatory matters pending before the Office of the U.S. Trade Representative (USTR), U.S. Department of Commerce, International Trade Commission, and U.S. Customs and Border Protection.
Crowell Speaks
Emerging Trends in Sanctions and Export Enforcement: Takeaways for Responding to Enforcement Actions, and Informal Regulator Outreach – ACI/C5 New York Forum on Economic Sanctions (December 14, 2023). Moderator: Jason Prince.
“Solving the Protection Gap Issue and Delivering Better Health Outcomes Across ASEAN: Achievable Goal or Pipe Dream?” - 5thASEAN Insurance Summit 2023 (December 5, 2023). Speaker: Sejal Mistry.
“Shifting Geopolitical Tensions – Trillion Dollar Questions” - Healthy Markets Association Annual Conference (November 29, 2023). Speaker: Caroline Brown.
Biden Promises A Better Economic Relationship With Asia, But He’s Specifically Avoiding a Trade Deal
November 16, 2023 – Associated Press
Related Professionals: Robert Holleyman
Chinese President Xi’s ‘Siren Call’ To US Business Hits Great Wall of Skepticism
November 16, 2023 – Politico
Related Professionals: Robert Holleyman
US Retreat From Digital Trade Talks Confounds Attys
November 9, 2023 – Law360
Related Professionals: Robert Holleyman
“China in the Crosshairs: How to Navigate U.S. Regulatory Risks with America’s No. 1 Frenemy” - National Asian Pacific American Bar Association annual conference (Nov 29, 2023). Speaker: Jackson Pai.
US Deepens Banks’ Role In Detecting Export Control Violations
November 8, 2023 – Global Trade Review
Related Professionals: Dj Wolff
“DOJ - Focus of Investigations and FCA Settlements” - Federal Publications Seminars and Capital Edge Consulting 2023 Year End Federal Contracting Forum (Nov 2, 2023). Speakers: Caroline Brown, Steve Byers, Jason Crawford.
Contacts
Director of International Trade Services
Insights
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The Federal Trade Commission (“FTC”) recently announced that it approved final amendments to its Telemarketing Sales Rule (“TSR”), broadening the rule’s coverage to inbound calls for technical support (“Tech Support”) services. For example, if a Tech Support company presents a pop-up alert (such as one that claims consumers’ computers or other devices are infected with malware or other problems) or uses a direct mail solicitation to induce consumers to call about Tech Support services, that conduct would violate the amended TSR.
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Eleven States Sue Asset Managers Alleging ESG Conspiracy to Restrict Coal Production
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