International Trade Compliance Update (Covering Customs and Other Import Requirements, Export Controls and Sanc- tions, Trade Remedies, WTO and Anti-Corruption) Newsletter | March 2017 In This Issue: World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters The Americas - Central America 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 the full schedule of webinars in this series, names of speakers, contacts and information on how to Trade compliance enforcement ac- tions - import, export, IPR, FCPA register for one or more of these complimentary webinars, as well as information on other events and links to video recordings of past webinars. Newsletters, reports, articles, etc. Webinars, Meetings, Seminars, etc. WTO TBT Notifications CBP Rulings: Downloads and To keep abreast of international trade-related news, visit our blogs: Searches For International Trade Compliance Updates, please regularly visit CBP Rulings: Revocations or Modifi- . cations www.internationaltradecomplianceupdate.com European Classification Regulations For additional articles and updates on trade sanctions, export controls and relat- ed subjects, please visit: http://sanctionsnews.bakermckenzie.com/ regularly. Amendments to the CN Explanatory Notes For resources and news regarding international trade, particularly in Asia, please Section 337 Actions visit our new Trade Crossroads blog at http://tradeblog.bakermckenzie.com/. Antidumping, Countervailing Duty To see how the UK referendum on exiting the EU (Brexit) may affect your busi- and Safeguard Investigations, Or- ness, visit http://brexit.bakermckenzie.com/ ders & Reviews For additional compliance news and comment from around the world, please visit http://globalcompliancenews.com/. Editor, International Trade Com- pliance Update Stuart P. Seidel Note: Unless otherwise indicated, all information in this Update is taken from offi- Washington, D.C. cial gazettes, official websites, newsletters or press releases of international or- +1 202 452 7088 [email protected] ganizations (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or government agencies. The specific source may usually be This may qualify as “Attorney Advertis- obtained by clicking on the blue hypertext link. Please note that as a general rule, ing” requiring notice in some jurisdic- information related to fisheries is not covered. tions. Prior results do not guarantee a similar outcome. Please see copyright and acknowl- edgements on the last page 1 Baker & McKenzie The International Trade Compliance Update is a publication of the Glob- al International Commercial and World Trade Organization (WTO) Trade Practice Group of Baker McKenzie. Articles and comments Trade Facilitation Agreement enters into force are intended to provide our readers with information on recent legal de- On 22 February 2017, the WTO announced that the first multilateral deal con- velopments and issues of signifi- cluded in the 21 year history of the World Trade Organization entered into force. cance or interest. They should not In receiving four more ratifications for the Trade Facilitation Agreement (TFA), be regarded or relied upon as legal the WTO has obtained the two-thirds acceptance of the agreement from its 164 advice or opinion. Baker McKenzie members needed to bring the TFA into force. Excerpts from the announcement: advises on all aspects of Interna- tional Trade law. Rwanda, Oman, Chad and Jordan submitted their instruments of acceptance to WTO Director-General Roberto Azevêdo, bringing the total number of ratifications over the Comments on this Update may be required threshold of 110. The entry into force of this agreement, which seeks to ex- sent to the Editor: pedite the movement, release and clearance of goods across borders, launches a new phase for trade facilitation reforms all over the world and creates a significant Stuart P. Seidel boost for commerce and the multilateral trading system as a whole. Washington, D.C. +1 202 452 7088 Full implementation of the TFA is forecast to slash members' trade costs by an aver- [email protected] age of 14.3 per cent, with developing countries having the most to gain, according to a 2015 study carried out by WTO economists. The TFA is also likely to reduce the time needed to import goods by over a day and a half and to export goods by almost A note on spelling, grammar two days, representing a reduction of 47 per cent and 91 per cent respectively over the current average. and dates-- In keeping with the global nature Implementing the TFA is also expected to help new firms export for the first time. of Baker McKenzie, the original Moreover, once the TFA is fully implemented, developing countries are predicted to spelling, grammar and date format- increase the number of new products exported by as much as 20 per cent, with least ting of non-USA English language developed countries (LDCs) likely to see an increase of up to 35 per cent, according material has been preserved from to the WTO study. the original source whether or not The Agreement is unique in that it allows developing and least-developed countries to the material appears in quotes. set their own timetables for implementing the TFA depending on their capacities to do so. A Trade Facilitation Agreement Facility (TFAF) was created at the request of de- Translations of most non-English veloping and least-developed countries to help ensure they receive the assistance language documents are unofficial needed to reap the full benefits of the TFA and to support the ultimate goal of full im- and are performed via an automat- plementation of the new agreement by all members. Further information on TFAF is ed program and are for information available at www.TFAFacility.org. purposes only. Developed countries have committed to immediately implement the Agreement, which sets out a broad series of trade facilitation reforms. Spread out over 12 articles, Credits: the TFA prescribes many measures to improve transparency and predictability of trading across borders and to create a less discriminatory business environment. The Unless otherwise indicated, all in- TFA's provisions include improvements to the availability and publication of infor- formation is taken from official in- mation about cross-border procedures and practices, improved appeal rights for trad- ternational organization or govern- ers, reduced fees and formalities connected with the import/export of goods, faster ment websites, or their newsletters clearance procedures and enhanced conditions for freedom of transit for goods. The or press releases. Agreement also contains measures for effective cooperation between customs and other authorities on trade facilitation and customs compliance issues. Source documents may be accessed by clicking on the blue Developing countries, in comparison, will immediately apply only the TFA provisions hypertext links. they have designated as “Category A” commitments. For the other provisions of the Agreement, they must indicate when these will be implemented and what capacity This Update contains public sector infor- building support is needed to help them implement these provisions, known as Cate- mation licensed under the Open Gov- gory B and C commitments. These can be implemented at a later date with least- ernment Licence v3.0 of the United King- developed countries given more time to notify these commitments. So far, notifica- dom. In addition, the Update uses mate- tions of Category A commitments have already been provided by 90 WTO members. rial pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011. More information on the WTO and trade facilitation is available here. International Trade Compliance Update | March 2017 2 Baker & McKenzie Trade Policy Review: Sierra Leone The second review of the trade policies and practices of Sierra Leone took place on 14 and 16 February 2017. The basis for the review was a report by the WTO Secretariat and a report by the Government of Sierra Leone. Recent disputes The following disputes have been recently brought to the WTO. Click on the case (“DS”) number below to go to the WTO website page for details on that dispute. DS. No. Case Name Date Canada – Measures Concerning Trade in Commercial Aircraft DS522 08-02-17 (Complainant: Brazil) Request for consultations 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 European Union – Anti Dumping Measures Indonesia files appeal DS442 on Imports of Certain Fatty Alcohols from 10-02-17 from Panel Report Indonesia (Complainant: Indonesia) Indonesia – Importation of Horticultural DS477 Products, Animals and Animal Products Indonesia files appeal 17-02-17 DS478 (Complainants: New Zealand, United from panel ruling States) Russia — Anti-Dumping Duties on Light Russia files appeal DS479 Commercial Vehicles from Germany and 20-02-17 from Panel report Italy (Complainant: Russia) Morocco — Anti-Dumping Measures on DS513 Certain Hot-Rolled Steel from Turkey Panel established 20-02-17 (Complainant: Turkey) Russian