The Month in International Trade – September 2024

Top Trade Developments

• Retractable Technologies, Inc. Contests Section 301 Tariff Increase, Files Complaint
• Not Worried About Modern Slavery or Forced Labor Laws? Perhaps You Should Be
• Department of Commerce Unveils New Tool to Inform Supply Chain Risk Mitigation
• BIS Amends Voluntary Self-Disclosure Process and Penalty Guidelines and Adds First-Ever Chief of Corporate Enforcement
• OFAC Extends Recordkeeping Requirements from 5 to 10 Years Through Interim Final Rule
• The EU Batteries Regulation: Taking Stock of the New EU Battery Requirements

Crowell Welcomes

Crowell Webinars

Crowell Speaks

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.

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Top Trade Developments

Retractable Technologies, Inc. Contests Section 301 Tariff Increase, Files Complaint

On September 26, 2024, Texas-based syringe importer Retractable Technologies, Inc. (“Retractable”) filed a complaint before the United States Court of International Trade contesting the Office of the United States Trade Representative’s (USTR) 100 percent tariff rate on imported needles and syringes from China. The tariff increase became effective on September 27, 2024.  In conjunction with the complaint, Retractable Technologies, Inc., also filed a motion for a temporary restraining order requesting the court suspend application of the tariff increase while the litigation is pending.

Click here to continue reading the full version of this article.

For more information, contact: Weronika Bukowski, Emily Devereaux, Ivy Xun

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Not Worried About Modern Slavery or Forced Labor Laws? Perhaps You Should Be

With news of serious forced labour allegations emerging in the UK, calls for forced labour reforms will require companies to take proactive action to monitor and mitigate risk.

Click here to continue reading the full version of this alert.

For more information, contact: Marcus Navin-Jones, Pierfilippo Natta

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Department of Commerce Unveils New Tool to Inform Supply Chain Risk Mitigation

At the inaugural Supply Chain Summit on September 10, 2024, the US Department of Commerce introduced an innovative diagnostic risk assessment tool, marking a significant investment in the U.S. government’s ongoing efforts to fortify the nation’s supply chain ecosystem.

Click here to continue reading the full version of this alert.

For more information, contact: Kate Beale, Caitlyn Weeks, Gabriela Rodriguez Rios

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BIS Amends Voluntary Self-Disclosure Process and Penalty Guidelines and Adds First-Ever Chief of Corporate Enforcement

On September 12, 2024, the U.S. Department of Commerce Bureau of Industry and Security (BIS) issued a final rule to amend the Export Administration Regulations (EAR) revising provisions related to the voluntary self-disclosure (VSD) process for persons who believe that they may have violated the EAR, or any order, license or authorization issued thereunder. The final rule specifically provides clarified guidance on charging and penalty determinations in settlement of administrative enforcement cases.

Click here to continue reading the full version of this article.

For more information, contact: Jana del-Cerro, Jeremy Iloulian, Edward Goetz

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OFAC Extends Recordkeeping Requirements from 5 to 10 Years Through Interim Final Rule

On September 11, 2024, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced that it is seeking comments on a new interim final rule amending OFAC’s Reporting, Procedures and Penalties Regulations to extend recordkeeping requirements from five to ten years.  While OFAC is seeking comments within 30 days, the interim final rule is effective as of September 11, 2024.

Click here to continue reading the full version of this article.

For more information, contact: Dj Wolff, Anand Sithian, Edward Goetz

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The EU Batteries Regulation: Taking Stock of the New EU Battery Requirements

More than a year ago, the EU Batteries Regulation (Regulation (EU) 2023/1542) entered into force.  In approximately one year’s time, the EU Batteries Regulation is set to repeal the 2006 Batteries Directive (Directive 2006/66/EC), with some exceptions. During the 2024 summer, a number of the new requirements under the EU Batteries Regulation have begun to apply.  With these points in mind, it is an opportune time to take stock of the new requirements being phased-in under the EU Batteries Regulation, consider the most recent requirements which begun to apply last month (August 2024), and assess the significant, and growing, impact the EU Batteries Regulation is having more generally.

Click here to continue reading the full version of this alert.

For more information, contact: Marcus Navin-Jones, Oleksii Yuzko

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Crowell Welcomes

Rachel Bogin is an Associate based in our Washington, DC office. She is joining us from George Washington University Law School. Most recently, Rachel was a member of GW’s Criminal Defense and Justice clinic. She also externed at the Department of Commerce’s Commercial Law Development Program and the Securities and Exchange Commission’s Foreign Corrupt Practices Act (FCPA) Unit.

Riley Flewelling is an Associate based in our Washington, DC office. She is joining us from Duke University School of Law. In addition to her J.D., she received a Master of Laws in International and Comparative Law. Most recently, Riley was an extern with the U.S. Air Force JAG Corps, 316th Wing Legal Office, at Joint Base Andrews in Maryland.

Jasmine Masri is an Associate based in our Washington, DC office. She is joining us from the George Washington University Law School. Most recently, Jasmine was a Legal Extern with the Department of State’s Office of the Legal Advisor in the Office of Non-Proliferation and Verifications. She also interned with the Defense Intelligence Agency (DIA) and the Department of Justice.

Ivy Xun is an International Trade Analyst in our Washington DC office. Ivy joins Crowell after completing an English Teaching Assistant Fellowship with the Fulbright Program in Taiwan. She graduated from Johns Hopkins University in May 2023 with a B.A. in Economics and Writing Seminars. During her undergraduate, Ivy completed several internships, including one with Verite, a non-profit civil society organization (CSO) which partners with corporations, governments, and other CSOs to illuminate labor rights violations in supply chains and remedy them to the benefit of workers and companies alike. Ivy will be supporting the Trade Remedies sub-practice.

Sarah Pote is a Trade Remedies Case Coordinator in our Washington DC office. Sarah joins us from Host Hotels and Resorts, the world’s largest publicly traded Real Estate Investment Trust, where she worked as a project assistant for their Design and Procurement Team. She graduated from George Mason University in May 2022 with a B.A. in Global Affairs. Sarah has also worked as an intake specialist for the National Veterans Legal Services Program and on the Professional Development Team at the National Association of Housing and Redevelopment Officials. Sarah will be supporting the Trade Remedies sub-practice.

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Crowell Webinars

US Sanctions Webinar Series:

REGISTER HERE

Thursday, October 10, 2024 - Understanding FinCEN's Final Rule: AML/CFT Compliance for Investment Advisers

On August 28, 2024, the Financial Crimes Enforcement Network (FinCEN) issued a final rule that will impose new anti-money laundering and countering the financing of terrorism (AML/CFT) requirements on SEC-registered investment advisers and exempt reporting advisers. 

Join us for an insightful webinar on the new regulatory requirements issued by FinCEN. This session will provide a comprehensive overview of the specific requirements for AML/CFT compliance programs, as well as key takeaways and issues to keep top of mind as we move into this new enforcement era.

Thursday, November 14, 2024 - Navigating U.S. Sanctions for Global Investment Funds and Financial Institutions

Join Crowell’s Financial Services attorneys, including Crowell Partner, Carlton Green, former Chief Counsel at FinCEN, where we’ll explore key U.S. sanctions issues impacting investment funds across all asset classes and global financial institutions. This session will provide essential insights and actionable strategies to help investment professionals and institutions navigate the complex landscape of U.S. sanctions in the global market.

Related Professionals: Carlton Greene, Christopher Mendez

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Crowell Speaks

Digital Assets: Compliance, Enforcement & Regulatory Oversight: New Takeaways Affecting Compliance Priorities (November 19, 2024)
Speaker: Anand Sithian

@Inter-Pacific Bar Association (IPBA) North America Regional Conference: The Impact of the US Elections on the Global Regulatory Framework (October 9, 2024)
Speaker: Jana del-Cerro

@Inter-Pacific Bar Association (IPBA) North America Regional Conference: Government Control of Cross-Border M&A – A North American Perspective (October 9, 2024)
Speaker: Evan Chuck

Advanced EAR Compliance - EAR 734.99 (b) and Foreign Direct Product Rule (FDPR) and 734.4/de minimis Thresholds: How to Apply Complex Requirements in Practice and Avoid the Key Compliance Traps (September 25, 2024)
Speaker: Jana del-Cerro