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Enforcement & Investigations

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On June 9, 2021, the Biden Administration issued Executive Order 14034, “Protecting Americans’ Sensitive Data from Foreign Adversaries” (“EO 14034”). EO 14034 revokes three executive orders issued by the Trump Administration that effectively banned certain Chinese connected software applications (“apps”) from operating in the United States. Although EO 14034 revokes these legal authorities and calls for their implementing rules to be rescinded, EO 14034 signals that the Biden Administration will continue to analyze the national security risks presented…

On June 14, 2021, the Transportation Security Administration (SA), Department of Homeland Security published in the Federal Register a notice [Docket No. TSA-2020-0001] s announcing the opportunity for manufacturers, shippers, suppliers, warehouses, vendors, e-commerce fulfillment centers, and third-party logistics providers in the air cargo supply chain to become a Secured Packing Facility (SPF). SPFs must apply security controls to secure cargo that moves through the supply chain destined for outbound international locations onboard all-cargo aircraft…

On June 9, 2021, Baker McKenzie’s Global Supply Chain Compliance Blog published the blog “The White House Announces Key Findings from 100-Day Reviews Under ‘America’s Supply Chains’ Executive Order and Takes Actions Intended to Ensure Supply Chain Resilience.” The post examines a set of reports published by the White House following a 100-day review of four key supply chains: semiconductor manufacturing and advanced packaging; large capacity batteries, including electric vehicle batteries; critical minerals and materials; and…

On June 3, 2021, President Biden issued Executive Order 14032, “Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China” (the “CMIC EO”). This amends and replaces Executive Order 13959 (EO 13959) and revokes Executive Order 13974 (EO 13974) that restricted investments in certain “Communist Chinese Military Companies” (CCMCs). The main changes implemented by the CMIC EO and related public guidance are to (1) change the group of targeted Chinese companies to focus on…

The EU Taxation and Customs Union announced that new VAT rules on cross-border business-to-consumer (B2C) e-commerce transactions will enter into effect on 1 July. The following is from the announcement: Everyone in the e-commerce supply chain is affected, from online sellers and marketplaces/platforms both inside and outside the EU, to postal operators and couriers, customs and tax administrations, right through to consumers. Online sellers, including online marketplaces/platformscan register in one EU Member State and this will be valid…

On 9 June 2021, the Swiss Government announced that the Federal Customs Administration (FCA) and the Federal Customs Service of the Russian Federation (FCS) signed a memorandum of understanding (MoU) on customs cooperation in Moscow on 9 June 2021. The main objective of the MoU is to promote technical cooperation and the exchange of best practices in various areas. The MoU also provides an opportunity to optimise processes in the cross-border movement of goods with…

On June 8, 2021, US Customs and Border Protection (CBP) published in the Federal Register a notice [Docket No. USCBP-2021-0020] that the Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, June 23, 2021 from 1-5 p.m. (EDT) . The meeting will be open to the public via webinar only. There is no on-site, in-person option for this quarterly meeting. Public comments are welcome. The COAC will hear from the current…

On 8 June 2021, the Swiss Agency for Therapeutic Products issued a press release announcing the results of Operation PANGEA XIV. The release said in part: Authorities worldwide have been checking for criminal online sales of medicines in a coordinated operation: The week from 18 to 25 May saw a coordinated worldwide campaign against the illegal online trade in medicines. For years, this market has been dominated by erectile stimulants. Some 90% of the shipments…

On May 28, 2021, the Biden Administration issued a press release confirming the re-imposition of sanctions on certain Belarusian state-owned enterprises (SOEs) (presaged by the issuance of wind down Belarus General License 2H on April 19, 2021) and suspending the application of the 2019 US-Belarus Air Services Agreement (“2019 USB Agreement”) in response to the Belarusian government’s apparent forced diversion of a commercial flight to Minsk on May 23. The Press Release also indicates additional sanctions targeting Belarusian government…

On June 1, 2021, the US Treasury Department’s Office of Foreign Assets Control (OFAC) published the Burma Sanctions Regulations at 31 C.F.R. Part 525 (the “BSR”) to implement Executive Order 14014, “Blocking Property With Respect to the Situation in Burma” (“EO 14014”). EO 14014 imposed sanctions on certain Burmese parties in response to the Burmese military’s coup against the democratically elected civilian government. The BSR do not expand upon the sanctions previously imposed under EO 14014, but…