There is a desire for more “uniformity” for country of origin and marking under USMCA, similar to the rules in Part 102 of NAFTA, said Heidi Bray, manager-U.S. and global customs compliance for Fiat Chrysler Automobiles. Bray and other Commercial Customs Operations Advisory Committee members mentioned a variety of USMCA “challenges” during the Oct. 7 COAC meeting. She said she thinks it would be a good idea to bring back a USMCA working group to discuss those issues.
The Canada government issued the following trade-related notices as of Oct. 7 (some may also be given separate headlines):
The Canada government issued the following trade-related notices as of Oct. 5 (some may also be given separate headlines):
The Association of Southeast Asian Nations officially implemented its self-certification scheme for origin of goods to help streamline customs procedures across member countries, the Hong Kong Trade Development Council said Oct. 5. The scheme will allow any ASEAN company that is approved as a “certified exporter” to self-certify the origin of its goods, the HKTDC said. Under this process, traders will not be required to obtain a certificate of origin from their local customs office, which will save time and money, the report said.
The U.S.-Japan mini-deal is not consistent with World Trade Organization rules, a former White House trade negotiator said, so the two sides mentioned a future phase two deal to cover substantially all trade to convince Japan's parliament to pass the accord. Because of the way the deal was structured, with small tariff reductions for Japanese exporters, it did not require a vote in Congress, Clete Willems, speaking recently on a webinar for University of Nebraska students, said. In calling the mini-deal phase one, “I think both sides were playing it cute, to be honest,” Willems, now at Akin Gump, said. He said Japan was not interested in a comprehensive bilateral trade deal, because it still wants the U.S. to rejoin the Trans-Pacific Partnership.
A lead negotiator for the Trans-Pacific Partnership released a paper arguing that reentering the rebranded Comprehensive and Progressive Agreement for TPP is still the best way to deal with China's trade distorting practices, but her paper, and speakers on a Sept. 30 webinar, revealed the many barriers to reentry.
Mexico's cabinet members in charge of implementing labor law changes and managing the USMCA more broadly said they are helping the private sector evaluate whether businesses could be a target of the rapid response mechanism, and they are working on the four-year process of democratizing labor unions in the country. Labor Secretary Luisa Maria Alcalde de Lujan said new laws include eliminating the former arbitration system, which was part of the executive branch, and creating a system of labor judges.
The State Department issued the final version of its guidance on exports of surveillance technology (see 1909040071 and 1911060049), which includes definitions and guidance principles for companies to weigh before exporting sensitive items to potential human rights abusers. The Sept. 30 guidance expands on the agency’s initial definition of human rights due diligence and offers a range of red flags and due diligence considerations, but did not significantly narrow its definition for surveillance items, despite requests from industry.
A California electronics company was fined about $475,000 after its former Finnish subsidiary illegally exported test measurement equipment to Iran, the Office of Foreign Assets Control said Sept. 24. After Keysight Technologies acquired Anite Finland Oy in 2015, Anite continued to illegally supply equipment to Iranian end-users, hiding the transactions from Keysight, OFAC said. In a settlement agreement, Keysight agreed to implement improved compliance procedures and an annual audit of its compliance program for the next five years.
The Office of Foreign Assets Control announced new Cuba sanctions and restrictions to limit the use of certain licenses and prohibit a range of activities in Cuba. The sanctions include restrictions on lodging in Cuba, professional research and “public performances.” The changes, outlined in a final rule released Sept. 23, are effective Sept. 24.