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Export from Australia of hand sanitiser, face masks and other infection control items are temporarily prohibited effective 30 March 2020. The Customs (Prohibited Exports) Amendment (COVID-19 Human Biosecurity Emergency) Regulations 2020 (Cth) (Regulation) amended the Customs (Prohibited Exports) Regulations 1958 (Cth) to temporarily prohibit export of goods that are key to minimising the spread of the COVID-19 virus in Australia. Under the Regulation, disposable face masks, disposable gloves, disposable gowns, goggles, glasses and eye visors,…

On 9 April 2020, the WCO announced that to respond to the unprecedented demand in medical supplies amid the current global COVID-19 pandemic around the world, and in order to help countries speed up the cross-border movement of these critical products, the WCO and the World Health Organization (WHO) joined hands to strengthen their cooperation by establishing a coordinated approach in their response to the pandemic. As a result of this joint effort of the…

On March 31, 2020, the US Government issued a proposed framework for a peaceful democratic transition in Venezuela.  The framework outlines 13 steps for a restructured Government of Venezuela (“GOV”) that, if followed, would lead to the lifting of US sanctions on the GOV, Petróleos de Venezuela, S.A. (“PdVSA”), and other GOV officials and agencies.  Read more on our Sanctions & Export Controls Update.

On Tuesday, April 7, 2020, the Federal Emergency Management Agency (“FEMA”) filed a temporary final rule (“Rule”) in the Public Inspection issue of the Federal Register to establish export restrictions on certain types of personal protective equipment products (“PPE Products”) used in the response to the COVID-19 pandemic. The Rule implemented the order via Presidential Memorandum (“Order”) dated April 3, 2020, in which the President directed the US Department of Homeland Security, of which FEMA is a part, to…

On April 3, 2020, the US Treasury Department’s Office of Foreign Assets Control (“OFAC”) re-issued and extended General License No. 13E (“GL 13E”) to continue the validity period for transactions concerning Nynas AB and its subsidiaries (“Nynas”) that otherwise would be prohibited under Executive Order 13850 or Executive Order 13884 given Nynas’s 50% indirect ownership by Petróleos de Venezuela S.A. (“PdVSA”). The authorization was extended through 12:01 am EST on May 14, 2020. In a note accompanying GL 13E’s issuance…

On 3 April 2020, the European Commission issued its Decision granting relief from customs duty and import VAT exemptions for equipment necessary for combating the COVID-19 outbreak, following its announcement of its intention to do so on 20 March 2020 (please see our previous blog post here). Goods will only be exempt from customs duty and import VAT if they: are imported by or on behalf of State organisations, or by or on behalf of organisations approved by…

In light of the operation of a 21 day national lockdown and the President’s declaration of a state of national disaster, the Department of Trade and Industry introduced new export control measures on Friday, 27 March 2020. These measures came into operation with effect from 27 March 2020 and shall remain in operation until further notice. Export applications to the International Trade Administration Commission (ITAC) Section 6 of the International Trade Administration Act, 71 of…

On April 3, 2020, President Trump issued an order via Presidential Memorandum (“Order“) invoking an obscure authority under Section 101 of the Defense Production Act, 50 U.S.C. § 4501 et seq. (“DPA“), to potentially restrict exports from the United States of personal protective equipment (“PPE”) needed in the response to the COVID-19 crisis.  This is in the wake of numerous countries around the world implementing export bans on PPE and other medical supplies (see our previous blog posts…

On April 2, 2020, the Bureau of Industry and Security published in the Federal Register a notification of a court order to alert the public of the BIS’s interim measures with respect to a court order issued on March 6, 2020. On March 6, 2020, the US District Court (WD Wash.) issued an order enjoining the US Department of State from implementing or enforcing the regulation entitled International Traffic In Arms Regulations: U.S. Munitions List…

Congress Passes Phase 3 of Coronavirus Response Earlier this week, the Senate passed the nearly $2 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act. This bill, known as Phase 3, is beneficial for many franchise systems and hospitality brands and includes generous and unprecedented provisions to help provide liquidity for small businesses in an effort to keep their employees on the payroll. The House of Representatives passed the CARES Act on Friday and the President…