Tariffs. Customs. Trade Remedies

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Burma/Myanmar

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As the trade conflict between the United States and China continues, three free trade agreements are pressing ahead, including– the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), soon to enter into force, the Japan-EU Economic Partnership Agreement (JEEPA), recently signed and which represents 30% of global economic output, and the Regional Comprehensive Economic Partnership (RCEP), an agreement that includes both India and China and comprises the largest trading block in the region.

On October 30, 2017, U.S. Customs and Border Protection (CBP) published in the Federal Register a final rule [CBP Dec. 17-15] that amends the CBP regulations to remove the provision relating to the prohibition on the importation of jadeite or rubies mined or extracted from Burma, and articles of jewelry containing jadeite or rubies mined or extracted from Burma. This reflects the termination of all Burmese sanctions by Executive Order 13742, of October 7, 2016.

On December 27, 2016, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 161005929–6929–01] that amends the Export Administration Regulations (EAR) consistent with Executive Order 13742 of October 7, 2016. That Executive Order terminated the national emergency with respect to the actions and policies of the Government of Burma (Burma) and revoked several Burma-related Executive Orders in recognition of Burma’s substantial advances to promote democracy, including historic…

On October 28, 2016, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued interpretive guidance on the publishing of general licenses and certain exemptions found in the Iranian Transactions and Sanctions Regulations (ITSR), 31 C.F.R. §§ 560.210, 560.538, the Cuban Assets Control Regulations (CACR), 31 C.F.R. §§ 515.206, 515.577, the Sudanese Sanctions Regulations (SSR), 31 C.F.R. §§ 538.212, 538.529, the Syrian Sanctions Regulations (SySR), 31 C.F.R. §§ 542.211, 542.532, and the Burmese Sanctions…

On October 19, 2016, the Financial Crimes Enforcement Network (FinCEN), Treasury, published in the Federal Register a grant of conditional exception [FinCEN Issuance 2016-1] pursuant to authority under the Bank Secrecy Act (BSA), which would permit certain U.S. financial institutions to maintain correspondent accounts for Burmese banks under certain conditions, that is, provided that such covered financial institution subjects the account to the due diligence obligations set forth under Section 312 of the USA PATRIOT Act and its implementing regulation 31 C.F.R. 1010.610.

On October 7, 2016, President Obama signed an Executive Order (E.O.) 13742 “Termination of Emergency With Respect to the Actions and Policies of the Government of Burma” (published in the Federal Register on October 12, 2016), which terminated the national emergency with respect to Burma (Myanmar), revoked E.O.s 13047, 13310, 13448, 13464, 13619, and 13651, and waived financial and blocking sanctions in the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008.

On October 7, 2016, President Obama signed an Executive Order (E.O.), “Termination of Emergency With Respect to the Actions and Policies of the Government of Burma,” which terminated the national emergency with respect to Burma (Myanmar), revoked E.O.s 13047, 13310, 13448, 13464, 13619, and 13651, and waived financial and blocking sanctions in the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008.