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USMCA Certificates of Origin – What you need to know.

July 8, 2020

The fact that the US-Mexico-Canada Agreement (“USMCA”), which replaced NAFTA on July 1, does not require any particular form Certificate of Origin (“COO”) has left many importers and exporters confused on the proper manner of certifying goods as “originating” under USMCA. The new trade agreement dispensed with the formality of the Form 434 COO under NAFTA, but has left to the trade the determination of how to format and structure the certifying document. Though no…

International Trade Law Compass

Treasury’s Final FIRRMA Regulations: New Foreign Investment Restrictions in Tech, Infrastructure and Data

By Nevena Simidjiyska

January 30, 2020

Starting Feb. 13, 2020, U.S. companies in tech, infrastructure and data seeking minority or controlling foreign investment will require approval from the Committee on Foreign Investment in the United States (CFIUS) before closing certain transactions. The change stems from the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which was signed into law by President Donald Trump in 2018, expanding CFIUS’ jurisdiction to review certain foreign acquisitions of and investments in U.S. businesses on…

International Trade Law Compass

Apple’s Lesson: Screening Software Alone Won’t Prevent Export Violations

By John Cornell Fuller

December 16, 2019

apple-store-in-bangkok-picture-id1134921314

Apple Inc.’s recent settlement with the Treasury Department’s Office of Foreign Assets Control (OFAC) has exposed a potentially costly wrinkle in complying with international trade regulations. While sanctions screening technologies may help a company catch and report errors, this software alone will not absolve faults and shortcomings in a company’s overall export compliance programs. The compliance woes at Apple serve as a signal to businesses of all sizes that rely on third-party sanction screening software.…

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Certain Transactions with the Government of Venezuela are Authorized

By Michelle Rosenberg

November 13, 2019

On November 5, 2019 the Office of Foreign Assets Control (OFAC) issued two General Licenses (GLs) authorizing specific transactions involving the Government of Venezuela and categories of persons blocked by Executive Order 13884 (E.O. 13884). E.O. 13884 was signed by President Donald Trump earlier this year on August 5, 2019. E.O 13884 was intended to increase pressure on the Nicolas Maduro regime by blocking property and property interests of the Government of Venezuela under U.S.…

International Trade Law Compass

USMCA…maybe next year?

By Joseph W. Rohe, LCB, CCS

October 3, 2019

Now that Canadian PM Justin Trudeau has dissolved Parliament and called for a general election (to be held October 21), chances of seeing the USMCA ratified by all three member states this year has become an increasingly remote possibility. However, the good news for USMCA supporters is that NAFTA’s replacement continues to enjoy support in Canada in both the Conservative and Liberal parties. In fact Andrew Scheer, leader of the Conservative party, has announced that…

International Trade Law Compass

New Foreign Investment Restrictions on the Horizon in Tech, Infrastructure and Data

By Nevena Simidjiyska

September 27, 2019

U.S. companies in tech, infrastructure and data seeking foreign investment will require approval from the Committee on Foreign Investment in the United States (CFIUS) before closing certain transactions. Last year, President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which outlined the expansion of CFIUS jurisdiction to review certain foreign acquisitions and investments in U.S. businesses on grounds of national security. FIRRMA left the specifics to regulations to be…

International Trade Law Compass

US/China Trade War Escalates

By Joseph W. Rohe, LCB, CCS

August 26, 2019

On Friday, August 23, the Trump Administration announced an increase in Section 301 tariffs following China’s announcement of retaliatory tariffs targeting $75 billion of US goods. The announcement, which came by way of tweet, provided that Section 301 tariffs on all List 1 through 3 goods would be elevated from 25% to 30% effective October 1. In addition, the administration announced that tariffs on List 4 goods-the first tranche of which goes into effect at…

International Trade Law Compass

Will USMCA become a casualty of the US election?

By Joseph W. Rohe, LCB, CCS

August 20, 2019

Though the USMCA has been ratified by Mexico, the trade agreement still faces a vote in Canada and, perhaps more concerning, the US. Under the Trade Promotion Authority (“TPA”), both houses of US Congress must vote in favor of the implementing bill, which is expected to be submitted to Congress after September 1. Submission of the implementing legislation operates to start the 90-day clock for Congressional approval. Accordingly and assuming the implementing bill is submitted…

International Trade Law Compass

What Do CBP’s Proposed New Verification Requirements Mean for Customs Brokers?

By John Cornell Fuller

August 15, 2019

In an August 14, 2019 Notice of Proposed Rule Making, U.S. Customs and Border Protection (“CBP”) announced its intent to increase requirements on licensed customs brokers to verify the identity of the importers with whom they transact. CBP reports that each year, approximately 350,000 importers actively engage with CBP through almost 2,100 licensed customs brokers. Ensuring that each of these importers is a legitimate entity and not, for instance, a shell corporation used to…

International Trade Law Compass

USTR Announces Delays to Portions of Section 301 List 4

By Joseph W. Rohe, LCB, CCS

August 14, 2019

On August 13, the Trump Administration announced the “next steps” in implementation of the approximately $300 billion in additional tariffs set to go into effect September 1. This fourth round of Section 301 tariffs (known as “List 4”) was originally announced on May 17; however, the USTR has now modified and separated that list into List 4A and List 4B. Several products (25 tariff lines in total) were removed from the lists following the public…

International Trade Law Compass

Blog Authors

USMCA Certificates of Origin – What you need to know.

Treasury’s Final FIRRMA Regulations: New Foreign Investment Restrictions in Tech, Infrastructure and Data

Apple’s Lesson: Screening Software Alone Won’t Prevent Export Violations

Certain Transactions with the Government of Venezuela are Authorized

USMCA…maybe next year?

New Foreign Investment Restrictions on the Horizon in Tech, Infrastructure and Data

US/China Trade War Escalates

Will USMCA become a casualty of the US election?

What Do CBP’s Proposed New Verification Requirements Mean for Customs Brokers?

USTR Announces Delays to Portions of Section 301 List 4

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