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February 2019 International Trade Compliance Update

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February 2019 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 | February 2019 In This Issue: United Nations World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters CPTPP CITES Please see our Webinars, Meetings, Seminars section for contact and registra- tion information for the new webinars in our 16th annual Global Trade and Sup- The Americas - North America ply Chain Webinar Series entitled, “2019: What's Up in International Trade? The Americas - South America Keeping up to Speed on Evolving Challenges,” as well as links to past webi- Asia-Pacific nars and information on other events. Europe, Middle East and North Africa In addition, there are links to the video recordings, PowerPoints and handout ma- Africa (except North Africa) terials of the Trade compliance enforcement ac- tions - import, export, IPR, FCPA 2018 Year-End Import/Export Review in Santa Clara and Newsletters, reports, articles, etc. 2017 Year-End Import/Export Review in Santa Clara as well as Webinars, Meetings, Seminars, etc. Presentation Materials from the WTO TBT Notifications Asia Pacific International Commercial and Trade Client Conference (Tokyo November 2018). CBSA Advance Rulings Amendments to the CN Explanatory Notes 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 ders & Reviews www.internationaltradecomplianceupdate.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] Note: Unless otherwise indicated, all information in this Update is taken from official ga- This may qualify as “Attorney Advertis- zettes, official websites, newsletters or press releases of international organizations (UN, ing” requiring notice in some jurisdic- tions. Prior results do not guarantee a WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or govern- similar outcome. ment agencies. The specific source usually may be obtained by clicking on the blue hy- pertext link. Please note that as a general rule, information related to fisheries is not cov- Please see copyright and acknowl- ered. edgements on the last page Please see copyright and acknowl- Editor International edgements on the last page Trade 8456083-v11\WASDMS 1 Compliance Update Stuart P. Seidel Baker McKenzie United Nations The International Trade Compliance Update is a publication of the Glob- Best Practices Guide developed for UN Sanctions Committees al International Commercial and Trade Practice Group of Baker A Best Practices Guide for Chairs and Members of UN Sanctions Committees McKenzie. Articles and comments has been developed by the UN Missions for Australia, Belgium, Germany, the are intended to provide our readers Netherlands and Sweden, in collaboration with other interested states, and as- with information on recent legal sisted by Compliance and Capacity Skills International (CCSI). According to an developments and issues of signifi- excerpt from the Preface, cance or interest. They should not be regarded or relied upon as legal The Guide informs and supports the principal sanctions actors, particularly the chair- advice or opinion. Baker McKenzie persons and members of the sanctions committees, in ways to quickly and substan- advises on all aspects of Interna- tively reinforce the protective, preventive and coercive applications of Security Coun- tional Trade law. cil sanctions. States that face the heaviest burden of sanctions implementation will find that the Guide enables them to engage more effectively and constructively with the sanctions policy-making and implementation processes. We believe that en- Comments on this Update may be hanced knowledge, skills and engagement will foster an improved UN sanctions sys- sent to the Editor: tem and better responses to conflicts, terrorism, proliferation and human rights viola- Stuart P. Seidel tions. Washington, D.C. The issues and practices to be prioritized and defined for a Best Practices Guide, +1 202 452 7088 without aspiring to be prescriptive, are not as obvious as they may appear. Individual [email protected] sanctions actors focus on different concerns and interests, including in adjusting to shifting threats and political forces. Some examples of these tensions are contained in the need for decisive sanctions enforcement action while ensuring adequate due A note on spelling, grammar process procedures. Related to these questions is the extent to which human rights and dates-- should be leveraged with sanctions. In some instances this issue has elicited contra- In keeping with the global nature dictory responses from Council members. of Baker McKenzie, the original spelling, grammar and date format- Sanctions implementation practices must constantly adjust and adapt to an ever- ting of non-USA English language changing landscape of risks to international peace and security. Consequently, chair- material has been preserved from persons and members of sanctions committees must be aware of broadly agreed practices as well as those that may arise in their day-to-day work, including as a re- the original source whether or not sult of contentious committee deliberations. the material appears in quotes. The Guide in its present form will be subject to further consultations when the Translations of most non-English language documents are unofficial project enters its second phase, during which a Best Practices Guide for UN and are performed via an automat- sanctions monitoring expert groups and their coordinators will be developed. ed program and are for information purposes only. World Trade Organization (WTO) Credits: Recent disputes Unless otherwise indicated, all in- The following disputes have been recently brought to the WTO. Click on the case formation is taken from official in- (“DS”) number below to go to the WTO website page for details on that dispute. ternational organization or govern- ment websites, or their newsletters or press releases. DS. No. Case Name Date United States - Measures relating to trade in goods and services - Source documents may be DS574 08-01-19 Request for consultations by Venezuela accessed by clicking on the blue Colombia - Measures Concerning the Distribution of Liquid Fuels hypertext links. DS575 14-01-18 - Request for consultations by Venezuela Qatar - Certain measures concerning goods from the United Arab This Update contains public sector infor- DS576 mation licensed under the Open Gov- Emirates - Request for consultations by the United Arab Emirates ernment Licence v3.0 of the United King- United States - Anti-dumping and countervailing duties on ripe 31-01-19 dom. In addition, the Update uses mate- DS577 olives from Spain - Request for consultations by the European rial pursuant to European Commission Union policy as implemented by Commission Decision of 12 December 2011. International Trade Compliance Update | February 2019 2 8456083-v11\WASDMS Baker McKenzie DSB activities During the period covered by this update, the Dispute Settlement Body (DSB) or parties to a dispute took the following actions or reported the following activities. Requests for a panel are not listed (click on “DS” number to go to summaries of the case, click on “Activity” to go to the latest news or documents): DS No. Case Name Activity Date Thailand — Customs and Fiscal Thailand appeals com- DS371 Measures on Cigarettes from the Philip- 09-01-19 pliance panel report pines (Article 21.5 — Philippines) Turkey — Additional Duties on Certain Members review US DS561 Products from the United States (Com- first request for panel plainant: US) Brazil — Certain Measures Concerning DSB adopted the panel DS472 Taxation and Charges (Complainants: EU reports, as modified by DS497 and Japan) the Appellate Body 11-01-19 DSB adopted the Appel- United States — Measures Concerning late Body report and the the Importation, Marketing and Sale of DS381 compliance panel re- Tuna and Tuna Products (Complainant: ports as upheld by the Mexico) Appellate Body United States — Countervailing DS523 Measures on Certain Pipe and Tube US appeals panel report 23-01-19 Products (Turkey) (Complainant: Turkey) Turkey — Additional Duties on Certain DS561 Products from the United States (Com- Panel established plainant: US) 28-01-19 United States – Tariff Measures on Cer- DS543 tain Goods From China (Complainant: Panel established China) TBT Notifications Member countries of the WTO are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. The WTO Secre- tariat distributes this information in the form of “notifications” to all Member coun- tries. See separate section on WTO TBT Notifications for a table which summa- rizes
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