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International Trade Compliance Update International Trade Compliance Update (Covering Customs and Other Import Requirements, Export Controls and Sanc- tions, Trade Remedies, WTO and Anti-Corruption) Newsletter | May 2020 In This Issue: Please visit our dedicated Beyond-COVID-19 Resource Center World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters CITES notifications GAIN reports The Americas - North America The Americas - South America Asia-Pacific Europe, Middle East and North Africa Africa (except North Africa) Please see our Webinars, Meetings, Seminars section for contact and regis- Newsletters, reports, articles, etc. tration information for the new webinars in our 17th annual Global Trade and Webinars, Meetings, Seminars, etc. Supply Chain Webinar Series: International Trade Basics and Trends as WTO COVID-19 Trade and Trade-Re- well as links to past webinars and information on other events. lated Measures WCO Covid-19 Temporary Import-Ex- In addition, there are links to the video recordings, PowerPoints and handout port Measures materials of the WTO TBT Notifications 2019 Year-End Import/Export Review in Santa Clara CBP Rulings: Downloads and Searches To keep abreast of international trade-related news, visit our blogs: CBP Rulings: Revocations or Modifi- For International Trade Compliance Updates, please regularly visit cations https://www.internationaltradecomplianceupdate.com/. European Classification Regulations Amendments to the CN Explanatory For additional articles and updates on trade sanctions and export controls, please Notes visit: https://sanctionsnews.bakermckenzie.com/ regularly. Section 337 Actions For resources and news regarding international trade, particularly in Asia, please visit Antidumping, Countervailing Duty our Trade Crossroads blog at http://tradeblog.bakermckenzie.com/. and Safeguard Investigations, Or- For additional articles and updates on supply chains, please visit: ders & Reviews https://supplychaincompliance.bakermckenzie.com/ To see how BREXIT (the UK exiting the EU) may affect your business, visit https://brexit.bakermckenzie.com/. For additional compliance news and comment from around the world, please visit Editor, International Trade Com- https://globalcompliancenews.com/. pliance Update Stuart P. Seidel Washington, D.C. +1 202 452 7088 Note: Unless otherwise indicated, all information in this Update is taken from official ga- [email protected] zettes, official websites, newsletters or press releases of international organizations (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or This may qualify as “Attorney Advertis- ing” requiring notice in some jurisdic- government agencies. The specific source usually may be obtained by clicking on the tions. Prior results do not guarantee a blue hypertext link. Please note that as a general rule, information related to fisheries is similar outcome. not covered. Please see copyright and acknowl- edgements on the last page Please see copyright and acknowl- edgements on the last page Ed- Inter- itor na- tional Trade Compliance Update 8497106-v6\WASDMS 1 Stuart P. Seidel Washington, D.C. Baker McKenzie The International Trade Compliance Update is a publication of the Global International Commercial and Trade WORLD TRADE ORGANIZATION (WTO) Practice Group of Baker McKenzie. Articles and comments are intended COVID-19: Trade and trade-related measures to provide our readers with infor- mation on recent legal develop- The WTO has set up a dedicated webpage to help governments, business, the ments and issues of significance or media and the public track the latest information on trade-related responses to the interest. They should not be re- COVID-19 outbreak. For measures posted after March 31, 2020, see the WTO garded or relied upon as legal ad- COVID-19 Trade and Trade-Related Measures section below. Please see our vice or opinion. Baker McKenzie April 2020 Update for measures posted prior to 1 April 2020. advises on all aspects of Interna- tional Trade law. China, the EU and other members notified the WTO of the multi- party provisional appeal arbitration arrangement Comments on this Update may be sent to the Editor: The chinese Ministry of Commerce (MOFCOM) announced that on April 30, Stuart P. Seidel China, the EU and 17 other members formally submitted a notice to the WTO to Washington, D.C. jointly establish a multi-party temporary appeal arbitration arrangement to main- +1 202 452 7088 tain the operation of the WTO dispute settlement mechanism during the suspen- [email protected] sion of the appeal body. A note on spelling, grammar and dates-- The multi-party provisional appeal arbitration arrangement stipulates that during In keeping with the global nature the suspension of the appellate body, the participating parties will handle the dis- of Baker McKenzie, the original puted cases brought through the arbitration procedure stipulated in Article 25 of spelling, grammar and date format- the WTO Understanding on Dispute Resolution Rules and Procedures.Partici- ting of non-USA English language material has been preserved from pants determined the rules of appeal arbitration procedures based on the current the original source whether or not WTO rules and practices on appeal procedures to ensure the consistency and the material appears in quotes. predictability of the awards. This arrangement shows the confidence and support of all parties in the multilateral trading system and is conducive to maintaining the Translations of most non-English rules-based multilateral trading system. language documents are unofficial and are performed via an automated program and are for information pur- Apart from China and the EU, participants in the multi-party provisional appeal poses only. Depending on the lan- arbitration arrangement include Australia, Brazil, Canada, Chile, Colombia, Costa guage, readers with the Chrome Rica, Guatemala, Hong Kong, China, Iceland, Mexico, New Zealand, Norway, browser should be able to automati- Pakistan, Singapore, Switzerland, Ukraine and Uruguay . This arrangement is cally get a rough to excellent Eng- open to all WTO members, and other members are welcome to participate. lish translation. Credits: The multi-party temporary appeal arbitration arrangement is a temporary meas- ure during the suspension of the appeal body, and the ultimate goal of each party Unless otherwise indicated, all infor- is still to restore the normal operation of the appeal body. China will work with mation is taken from official interna- other WTO members to continue to resolve the issue of the suspension of the tional organization or government websites, or their newsletters or appellate body and jointly safeguard the rules-based multilateral trading system. press releases. TBT Notifications Source documents may be accessed by clicking on the blue Member countries of the WTO are required under the Agreement on Technical hypertext links. Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical This Update contains public sector infor- regulations that could affect trade with other Member countries. The WTO Secre- mation licensed under the Open Govern- tariat distributes this information in the form of “notifications” to all Member coun- ment Licence v3.0 of the United King- dom. In addition, the Update uses mate- tries. See separate section on WTO TBT Notifications for a table which summa- rial pursuant to European Commission rizes notifications posted by the WTO during the past month. policy as implemented by Commission Decision of 12 December 2011. International Trade Compliance Update | May 2020 2 8497106-v6\WASDMS Baker McKenzie WORLD CUSTOMS ORGANIZATION (WCO) WCO list of temporary import and export measures related to COVID-19 The WCO has created a special Web Page dedicated to Coronavirus import and export measures where it will share advice, tools and best practices not only to Customs but also to the public. In addition, it has developed lists of national legis- lation of countries that adopted temporary import support (lowering or waiving of direct and indirect duties and taxes) and export restrictions on certain categories of critical medical supplies in response to COVID-19. The lists are not exhaustive and are regularly updated by the WCO based on the official information provided by countries. These lists may be found in the separate section of this Update en- titled WCO Covid-19 Temporary Import-Export Measures, below. WCO/WHO prepare revised classification references for Covid-19 supplies and medicines The WCO announced that to respond to the unprecedented demand in medical supplies amid the current global COVID-19 pandemic around the world, and in order to help countries speed up the cross-border movement of these critical products, the WCO and the World Health Organization (WHO) joined hands to strengthen their cooperation by establishing a coordinated approach in their re- sponse to the pandemic. As a result of this joint effort of the two organizations, the HS Classification Reference for COVID-19 Medical Supplies (2.1 Ed.) was updated. The latest edition covers a greater range of medical equipment and supplies that are required as critical items by the WHO, such as oxygen concen- trators and sample collection sets. In addition to English, it is available in Span- ish, Arabic and Russian. The updated list is provided as an indicative list with a view to facilitating the classification of COVID-19 medical supplies at the interna- tional level (6 digit
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