Exports

News & Analysis as of

EU Customs Developments - July 2016

EU Customs Policy - Union Customs Code Developments - On 19 July 2016, the European Commission published a proposal to amend Article 136 of the Union Customs Code (UCC). This Article UCC exempts goods that have...more

New Rebar Anti Dumping Investigation May Carry Major Implications for Canada’s Construction Industry

On August 19, 2016, the Canada Border Services Agency (“CBSA”) initiated an anti-dumping investigation into concrete reinforcing bar (also known as rebar) imported from Belarus, Chinese Taipei, Hong Kong, Japan, Portugal and...more

WTO Panel Report: Russia - Tariff Treatment

A WTO Panel has ruled that the Russian Federation has violated its WTO obligations by imposing duties on certain EU goods in excess of its committed ("bound") rates, in breach of Article II of the General Agreement on Tariffs...more

Anti-Corruption, Sanctions and Export and Import Risks

Forgive me for overusing the term “convergence” but when the shoe fits, I say “wear it.” If you are managing corporate risks and responsible for securing export licenses, ensuring that you are complying with OFAC sanctions...more

Second Continuation of General License for Exports, Reexports, and Transfers to ZTE

For the second time, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) is extending the general license for exports, reexports (shipments from one foreign country to another foreign country), and...more

The Revival of the Age of Antidumping and Countervailing Duty Cases

For the first time since the era of pagers, dial-up, and Y2K hysteria, U.S. trade remedy cases are experiencing a resurgence. Under U.S. law, U.S. producers of goods may petition the U.S. government to impose extra tariffs on...more

Shocker from EIA – Lifting the Crude Export Ban Results in More Crude Exports

“Since the removal of restrictions on exporting U.S. crude oil in December 2015, the number of countries receiving exported U.S. crude has risen sharply. These exports have occurred despite a sustained narrow price premium of...more

The Supreme Court to Tackle Extraterritorial Reach of U.S. Patents

The Supreme Court recently granted certiorari in Life Techs. Corp. v. Promega Corp., 14-1538, to resolve: “[w]hether a supplier can be held liable for providing ‘all or a substantial portion of the components of a patented...more

A new regulatory climate for energy producers? Six points about the Energy Policy Modernization Act

This summer, in an 84-3 vote, the United States Senate moved forward a wide-ranging piece of bipartisan energy legislation, the Energy Policy Modernization Act. The nearly 800-page bill tackles everything from the security of...more

New License Authorizing U.S. Aircraft to Make Temporary Sojourns to Iran Marks Further Lifting of Secondary Sanctions

Further weakening secondary sanctions, the Department of Treasury’s Office of Foreign Assets Control has issued a new license to allow non-U.S. persons to fly some U.S. aircraft to Iran for temporary sojourn. While General...more

Call for SME Exporters to Join New Commerce Advisory Council To Ensure Financing Options

The Commerce Department this week announced the establishment of the Trade Finance Advisory Council (TFAC), the mission of which will be to advise the Secretary on how the U.S. may support small and medium-sized U.S. business...more

Brazil - Crisis and Opportunities

The seventh largest economy in the world is changing its government after a year of political and economic turbulence. For many Brazil continues to offer huge investment potential and this interest may increase if the new...more

Cipla to Open Biotech Facility in South Africa

Cipla has announced that it is investing 1.3 billion South African Rand (approximately 91 million USD) to open a biotech plant in South Africa. According to Cipla’s press release, this will be South Africa’s first...more

Limits on E-Waste Exports being considered by Congress

The Secure E-Waste Export and Recycling Act (H.R.5579) was introduced in the House of Representatives on June 24, 2016. It aims to control the export of electronic waste to prevent such waste from becoming counterfeit goods...more

Unitization: Specific Considerations for LNG Export Projects

Unitized Gas to LNG Export - A number of global LNG export projects – existing, under construction and planned – process (or will process) natural gas produced from unitized gas fields. Gas produced from unitized gas...more

Canada to Increase Import Quota for EU Cheese, July 2016

Both Canada and the European Union (EU) are now in the process of ratifying and implementing The Canada and European Union Comprehensive Economic and Trade Agreement (CETA). Under the terms of CETA, Canada will open for...more

BIS Revises Penalty and Settlement Guidance

On June 22, 2016, the Bureau of Industry and Security (“BIS”) revised its guidance regarding administrative enforcement cases for violations of the Export Administration Regulations (“EAR”), other than those related to...more

SEC Adopts Resource Extraction Issuer Disclosure Rule – Changes From the Proposed Rule and Take-aways for Issuers

On June 27, the SEC adopted Rule 13q-1 under the Exchange Act and related amendments to Form SD. Under the Rule, public companies are required to annually report on payments made to foreign governments and the U.S. federal...more

The Consequences of the UK Referendum on Membership of the EU for UK International Trade Rules – Managing Uncertainty

This note offers a brief overview of what is happening and how business can react as well as an overview of the main options available for the UK in framing its future relationship with the EU. It then provides a slightly...more

DC Circuit Denies Petitions to Review Non-Export-Related Environmental Consequences of FERC Action

Two recently issued decisions are important because they clarify how the formidably complex legal structure affecting a growing American business—the export of liquefied natural gas (LNG) –will be interpreted by the one...more

D.C. Circuit Upholds FERC’s NEPA Analysis in Sabine Pass and Freeport LNG Projects

On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit rejected two related challenges to the Federal Energy Regulatory Commission’s environmental review of the Sabine Pass LNG and Freeport LNG...more

Federal Court Upholds FERC’s Approach on LNG Environmental Permitting and Shifts Focus to Challenges to DOE’s Environmental Review

On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit issued two opinions that uphold the Federal Energy Regulatory Commission’s (“FERC”) approach to reviewing environmental impacts of liquefied...more

Singapore and the Brexit Effect

On 23 June, 52% of UK voters voted in favour of leaving the European Union, which has generated considerable uncertainty about the United Kingdom’s future relationship with Europe and, as a result, the wider world, including...more

Querétaro, Mexico: The Secret Automotive Hub

I write this blog post from Querétaro, Mexico, a city of two million people that I have to admit I did not even know was here until two years ago when a local lawyer reached out to introduce himself and talk about the...more

Continuation of General License for Exports, Reexports, and Transfers to ZTE

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) is extending until August 30, 2016, the general license for exports, reexports (shipments from one foreign country to another foreign country), and...more

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