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International Trade Compliance Update (Covering Customs and Other Import Requirements, Export Controls and Sanc- tions, Trade Remedies, WTO and Anti-Corruption) Newsletter | December 2018 In This Issue: United Nations World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters The Americas - North America The Americas - South America Asia-Pacific Please see our Webinars, Meetings, Seminars section for contact and regis- Europe, Middle East and North Africa tration information for the remaining webinar (and links to past webinars) in the 2018 Global Trade and Supply Chain Webinar Series - Continuing Chal- Africa (except North Africa) lenges in Global Trade, as well as information on other events. Trade compliance enforcement ac- tions - import, export, IPR, FCPA In addition, there are links to the video recordings, PowerPoints and handout Newsletters, reports, articles, etc. materials of the Webinars, Meetings, Seminars, etc. WTO TBT Notifications 2018 Year-End Import/Export Review in Santa Clara and CBSA Advance Rulings 2017 Year-End Import/Export Review in Santa Clara as well as CBP Rulings: Downloads and Presentation Materials from the Searches CBP Rulings: Revocations or Modifi- Asia Pacific International Commercial and Trade Client Confer- cations ence (Tokyo November 2018). European Classification Regulations Section 337 Actions To keep abreast of international trade-related news, visit our blogs: Antidumping, Countervailing Duty and Safeguard Investigations, Or- For International Trade Compliance Updates, please regularly visit www.interna- ders & Reviews tionaltradecomplianceupdate.com. For additional articles and updates on trade sanctions and export controls, please visit: http://sanctionsnews.bakermckenzie.com/ regularly. For resources and news regarding international trade, particularly in Asia, please visit our Trade Crossroads blog at http://tradeblog.bakermckenzie.com/. Editor, International Trade Com- To see how BREXIT (the UK exiting the EU) may affect your business, visit pliance Update http://brexit.bakermckenzie.com/ Stuart P. Seidel For additional compliance news and comment from around the world, please visit Washington, D.C. http://globalcompliancenews.com/. +1 202 452 7088 [email protected] This may qualify as "Attorney Advertis- Note: Unless otherwise indicated, all information in this Update is taken from official ga- ing" requiring notice in some jurisdic- zettes, official websites, newsletters or press releases of international organizations tions. Prior results do not guarantee a (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or similar outcome. government agencies. The specific source may usually be obtained by clicking on the blue hypertext link. Please note that as a general rule, information related to fisheries is Please see copyright and acknowl- not covered. edgements on the last page Please see copyright and acknowl- Ed- Inter- edgements on the last page itor na- 8443235-v6\WASDMS tional 1 Trade Compliance Update Baker McKenzie United Nations The International Trade Compliance Update is a publication of the Security Council Resolutions [dd-mm-yy] Global International Commercial and Trade Practice Group of Baker Date Title McKenzie. Articles and comments S/RES/2444 (2018) The situation in Somalia and Eritrea - Repeal of sanctions are intended to provide our readers 14-11-18 with information on recent legal de- against Eritrea velopments and issues of signifi- cance or interest. They should not World Trade Organization (WTO) be regarded or relied upon as legal advice or opinion. Baker McKenzie Communication from India and other Member States to amend advises on all aspects of Interna- DSU tional Trade law. On 23 November, 2018, India and other Member States called on all Member Comments on this Update may be States to fill vacancies on the Appellate Body and to amend certain provisions of sent to the Editor: the Understanding on Rules and Procedures Governing the Settlement of Dis- Stuart P. Seidel putes (DSU), circulated by the General Council vide Notification No. Washington, D.C. WT/GC/W/752 (dated 26 November, 2018). +1 202 452 7088 [email protected] Subsequently, India, the European Union and China proposed additional amend- ments to the DSU with aim at strengthening independence and impartiality of the Appellate Body, improving efficiency so as to enable it to meet required A note on spelling, grammar timeframes, and ensuring an orderly transition as well as an orderly launch of se- and dates-- lection procedures, circulated vide Notification No. WT/GC/W/753 (dated 26 No- In keeping with the global nature of Baker McKenzie, the original vember, 2018). spelling, grammar and date format- ting of non-USA English language WTO, UNCTAD, ITC sign MoU to provide businesses with better material has been preserved from access to trade data the original source whether or not On 23 November 2018, the WTO announced that the WTO, the United Nations the material appears in quotes. Conference on Trade and Development (UNCTAD) and the International Trade Translations of most non-English Centre (ITC) signed a Memorandum of Understanding to advance the develop- language documents are unofficial ment of an online platform — the Global Trade Helpdesk — aimed at providing and are performed via an auto- businesses, and particularly small businesses, with faster and easier access to mated program and are for infor- trade data and information on potential export markets. mation purposes only. An early version of HelpMeTrade.org was launched at the WTO’s 11th Ministerial Credits: Conference in Buenos Aires, Argentina, in December 2017. Under the MoU, the WTO, ITC and UNCTAD agree to further develop the platform, with the aim of Unless otherwise indicated, all in- improving the quality and accessibility of trade information needed by businesses formation is taken from official inter- – and in particular, micro, small and medium-sized enterprises (MSMEs) - to ac- national organization or government cess market opportunities. As part of the agreement, the three organizations will websites, or their newsletters or press releases. provide technical assistance to developing countries to help them maintain up-to- date information in the Global Trade Helpdesk and will raise awareness among Source documents may be MSMEs about how to benefit from this trade information. accessed by clicking on the blue hypertext links. By making trade data freely available through a user-friendly interface, the Global This Update contains public sector infor- Trade Helpdesk will make it easier for companies across the world to increase mation licensed under the Open Govern- their participation in world trade and reduce trade costs. It will help policymakers ment Licence v3.0 of the United King- make better-informed decisions about trade and investment policies and will en- dom. In addition, the Update uses mate- sure that the international community provides better support to MSMEs. rial pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011. International Trade Compliance Update | December 2018 2 8443235-v6\WASDMS Baker McKenzie WTO report shows sharp rise in trade-restrictive measures from G20 economies The WTO’s 20th monitoring report on Group of 20 (G20) trade measures issued on 22 November shows that the amount of trade covered by new import-restric- tive measures hit a new high during the current reporting period. The estimated US$ 481 billion in trade coverage of these new measures imposed by G20 econ- omies from mid-May to mid-October 2018 is more than six times larger than that recorded in the previous reporting period and the largest since this measure was first calculated in 2012. The report also shows that the trade coverage of new im- port-facilitating measures (US$ 216 billion) rose significantly during this period but is less than half that of trade-restrictive measures. WTO Director-General Roberto Azevêdo warned the report’s findings constitute a source of serious con- cern and called for immediate action to de-escalate the situation. Goods Council considers revised transparency proposal to "reinvig- orate" the WTO The WTO Goods Council on 12-13 November discussed a revised proposal on enhancing members’ transparency and strengthening notification requirements. The proposal had been revised to reflect earlier feedback and is now sponsored by seven delegations. The Council also debated the European Union’s proposed changes to its tariff rate quotas in response to Brexit and took up issues related to technology products and other trade concerns. The transparency proposal is sponsored by the United States, Argentina, Australia, Costa Rica, the European Union, Chinese Taipei and Japan. It is based on a US sub- mission first circulated for consideration at the 11th Ministerial Conference last De- cember. The United States, introducing the proposal at the recent meeting, said there ought to be consequences for members failing to meet transparency obligations as a lack of notifications on trade-related policies hinders the functioning of the organization. The proposal is an effort to encourage better compliance with notification requirements, reinvigorate the organization and improve the transparency necessary to facilitate work across different negotiating topics, the US said. Other members behind the pro- posal similarly emphasized the need to enhance transparency and better monitor the implementation
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