International Trade Law (CLE)

The U.S. Department of Justice has declared sanctions to be the “new FCPA.” This is not just rhetoric; there are tectonic shifts already underway in how the U.S. government prosecutes sanctions evasion and what it expects from corporate compliance departments—who are caught in the middle between American and European national security priorities and increasing sophisticated evasion by adversaries. Join Michael H. Huneke of Hughes Hubbard & Reed LLP and Jonathan Cross of Herbert Smith Freehills LLP in this CLE webcast to learn what these changes mean and practical tips for responding to them.

In the ever-evolving landscape of international dispute resolution, the future unfolds with a tapestry of possibilities, challenges, and innovations. As we stand on the cusp of 2024 and peer into the horizon beyond, the realm of international arbitration takes center stage

Trade compliance is becoming more complex as the economic sanctions regime continuously evolves. Emerging changes are drastically affecting various aspects of international trade such as imports, exports, foreign investments, and oil prices. Recently, Canada has introduced new legislation to include definitions of ownership and control and introduced new rules for seizing and forfeiting assets of Russian nationals, thereby pushing the boundaries of international sanctions law.

Section 337 investigations at the United States International Trade Commission (ITC) involve high-stakes and complex procedures. These are governed by unique cross-disciplinary rules which call for a deep understanding of the ITC’s thought process and a specialized defense strategy for one’s intellectual property rights. To prevail in Section 337 investigations and dodge red flags, attorneys and practitioners should stay close to the recent developments in this field of law.

In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in-depth analysis of the fundamentals as well as recent developments in Compliance Guide to OFAC’s Recent Sanctions Regulations.

In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in-depth analysis of the fundamentals as well as recent developments in Recent CFIUS Developments: Demystifying the Implications to US Foreign Investments. Speakers will also present all important issues surrounding this significant topic. Join us for this Knowledge Group Webinar!

The US International Trade Commission (ITC) remains the avenue for investigating complex intellectual property (IP)-related disputes. Successful representation at the ITC draws heavily on strategic capabilities to handle intricate claims and high-stake investigations.

The continuing US sanctions against Russia are expected to result in consequences that will go beyond the current Russia-and-Ukraine conflict. While the increase in inflation rate is still at the peak of the growing concerns, anxieties over rising gas prices, disrupted supply chains, spillover effects, and other essential areas are contributing to a cloudy outlook for the economy.

There has been an upsurge in antidumping (AD) and countervailing duties (CVD) petitions in recent years.  Commerce Department and International Trade Commission practice has evolved with this increase in the caseload.  Not only can these duties be very significant, but some of these new developments make it harder for foreign manufacturers and U.S. importers to assess potential AD and CVD risk.

In May 2019, the US Treasury Department’s Office of Foreign Assets Control (OFAC) published a framework for OFAC compliance. The core elements of the guidance are aimed at creating a tailored risk-based strategy to ensure sanctions compliance across an organization. It also outlines five components of a compliance program and it includes an appendix identifying the root causes of compliance breakdowns and deficiencies. To mitigate risks, it is imperative for companies to assess the adequacy of their OFAC compliance programs and to tailor them to target risks relevant to the business.

The enforcement and compliance landscapes for antidumping and countervailing duties continue to heighten as the number of cases and petitions filed against foreign importers continues to grow. Key issues include the U.S. Customs and Border Protection’s (CBP) increased number of requests for information and notice of actions to foreign importers, the potential expansion of Enforce and Protect Act (EAPA) authority to deter AD/CVD evasion as well as other foreign trade concerns.

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has been aggressively enforcing culpable businesses that violate its regulatory policies. As part of these efforts, the framework for OFAC Compliance Commitments was published in May 2019 to define the essential elements of an effective economic sanctions compliance program. Furthermore, stringent enforcement actions continue to take place even amidst the growing implications brought by the pandemic.

Emerging developments have brought sweeping changes to the regulatory landscape of Foreign Investment Risk Review Modernization Act (FIRRMA) of 2018 and Committee on Foreign Investment in the United States (CFIUS). Recently, FIRRMA extended the scope of CFIUS review on covered transactions – a move which calls for a closer watch on foreign investments, export controls, and national security. Moreover, CFIUS also released its final regulations for mandatory filing process and requirements creating additional issues and challenges for all concerned practitioners.

Recent developments concerning International Trade Commission (ITC) litigation and enforcement continue to shape the international trade law. With the onset of the COVID-19 pandemic, the number of new complaints filed at the ITC surged in the second half of 2020.