Four months after the United Kingdom left the European Union, customs activity is stabilizing following a hectic period of trade between Britain and the bloc, said Joop Mastenbroek, director of Customs Brokerage North and Continental Europe, West Europe and Middle East Africa at logistics company GEODIS, speaking at a May 4 event hosted by the U.S. Fashion Industry Association about the leading customs challenges post-Brexit. While more exporters and importers are up to date on how to issue the right documentation to ensure smooth customs clearance, large challenges still exist. In the current market scenario, the robustness of government systems under the increased weight of declarations, challenges around products of animal origin, shortage of resources and differing customs procedures by the various EU member states stand as the most challenging customs issues, Mastenbroek said.
Chemist Xiaorong You was convicted by a federal jury in Greeneville, Tennessee, for conspiracy to commit trade secret theft, possession of stolen trade secrets, economic espionage and wire fraud, the Department of Justice announced in an April 22 press release. You, also known as Shannon You, was the principal engineer for global research at the Coca-Cola Co. and an employee at Eastman Chemical Co., where she became aware of trade secrets belonging major chemical and coating companies. The secrets were related to formulas for bisphenol-A-free coatings for the inside of beverage cans and cost around $120 million to develop. A Lansing, Michigan, resident, You stole the trade secrets to establish a new BPA-free coating company in China, receiving millions of dollars of support from the Chinese government, DOJ said.
The Comprehensive Agreement on Investment between China and the European Union will not pass the European Parliament in its current form, predicted former EU trade minister Cecelia Malmstrom at a Peterson Institute for International Economics event on April 21. Due to dueling sanctions over human rights violations in China's Xinjiang province and the agreement's lack of substance on key areas such as sustainable development, Malmstrom opined that, without alterations and a breakthrough on sanctions, the agreement would not pass.
The European Union, via the Economic Ministry of Belgium, has revoked Milwaukee-based motorcycle manufacturer Harley-Davison's Binding Origin Information (BOI) credentials, hiking tariffs on the company's entire product portfolio from 56%, the company announced in an April 19 news release. In the release, Harley-Davidson claimed the move would “effectively prohibit the company from functioning competitively in Europe,” and “underscore the very real harm of an escalating trade war to our stakeholders on both sides of the Atlantic.” The EU originally placed tariffs on motorcycles in retaliation for U.S. Section 232 tariffs on European steel and aluminum.
Kevin Wolf, a former top Bureau of Industry and Security official, presented his strategy for the future of U.S. export controls to address emerging security challenges during an April 15 Akin Gump webinar. He also briefly assessed U.S. export control policy during the Donald Trump administration and continued to say he isn’t behind the rumors that he’s being considered for the BIS undersecretary role see 2104070026).
A lawyer for Turkish government-owned bank Halkbank made the case to the U.S. Court of Appeals for the 2nd Circuit that it is immune from prosecution due to protections under the Foreign Sovereign Immunity Act, in an April 12 oral argument. Simon Latcovich of Williams & Connolly asserted that the government had no jurisdiction over the bank since the bank is owned by the Turkish government and that the FSIA does not extend jurisdiction over sovereign states for criminal cases. Latcovich also claimed that even if the FSIA allowed for this jurisdiction, Halkbank would still be exempt from prosecution under common law. His argument follows that if the courts were to find that immunity for sovereign states was not extended to criminal cases under the FSIA, this would erode the congressional mandate of the act without a word from the body itself.
Following the Chinese government's decision to place retaliatory sanctions on Canadian and British officials and entities for their criticism of the alleged human rights abuses in the country's Xinjiang region, lawyers in both countries are expressing concern over the rising tensions between the two sides and noticing greater business concern over maintaining Chinese market access. Neil Williams and Thomas Cattee, white collar crime lawyers at Gherson Solicitors in the United Kingdom, said the Chinese sanctions are merely symbolic without any real underlying economic effect but that sanctioned individuals in the U.K. have deferred to Chinese demands.
Export compliance costs and awareness will likely rise for aircraft transactions due to increased compliance by aircraft sellers following the seizure of 12 aircraft on export violation charges, Vedder Price's David Hernandez said. In an April 5 report, Hernandez looked at the impacts of the indictments of eight individuals charged with drug trafficking and export violation conspiracies, including the owner of Aircraft Guaranty Corporation (see 2103010028). The indictments arose from a series of investigations into the customs export practices of U.S.-based trust companies serving as trustees in aircraft ownership trusts with non-U.S. citizens, called Non-Citizen Trusts.
The president of a Long Island, New York-based cosmetics company, Michael Rose, was arrested for allegedly selling more than $350,000 in cosmetic goods to an Iranian importer in violation of U.S. sanctions on the Middle Eastern nation, the U.S. Attorney's Office for the Southern District of New York announced in an April 6 news release. Between 2015 and 2018, Rose, of Ridgefield, Connecticut, allegedly exported the goods to an Iranian importer to fulfill a contract the two parties signed, making the importer the sole distributor of Rose's cosmetics in Iran. The goods skirted U.S. sanctions via front companies that had Rose sending his cosmetics to the United Arab Emirates. Rose also allegedly filed false and misleading information on Commerce Department Shipper's Export Declaration forms, declaring that the “ultimate consignee” for the goods was the UAE and not Iran.
Four intellectual property industry groups, in a letter to U.S. Trade Representative Katherine Tai, voiced their support for the U.S.'s opposition to the TRIPS waiver at the World Trade Organization. The American Intellectual Property Law Association, Intellectual Property Owners Association, the Licensing Executives Society (USA and Canada) Inc. and the New York Intellectual Property Law Association said they wrote to protect the IP rights of their members that have incentivized the innovations that “allowed us to combat COVID-19 and continues to do so.” The TRIPS waiver would waive IP rights relating to the “prevention, containment or treatment” of the novel coronavirus for a limited period of time. The industry groups argue that it has been IP itself that has allowed for life-saving innovations and facilitated the sharing of technical information with appropriate protections. They also suggest that they know of no data that shows IP rights are restricting vaccine development.