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China

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China’s Export Control Law (“ECL”) came into effect on 1 December 2020, providing a framework to a series of separate administrative regulations on export controls issued prior to the law’s enactment. While no implementing rules or regulations under the ECL have been enacted since its passage into law, China’s Ministry of Commerce (MOFCOM) recently released Announcement No. 10 of 2021, on “Internal Compliance Guidelines on the Export of Dual-Use Items” (hereafter, the “Guidelines”) pursuant to Article…

On April 26, 2021, the US Trade Representative (USTR) published in the Federal Register a notice that makes a technical amendment to the exclusions that apply to certain products of China covered by the September 24, 2018 action (List or Tranche 3) that were exported from China before May 10, 2019, and entered the United States after May 10, 2019, and before June 15, 2019. The September action imposed additional 10% ad valorem duties on…

On April 9, 2021, the US Commerce Department’s Bureau of Industry and Security (BIS) published a final rule (“Final Rule”) in the Federal Register to add seven Chinese parties (together, the “Designees”) to the Entity List. The Final Rule took effect on April 8, 2021. According to the Final Rule and the Commerce Department’s press release, the Designees were added to the Entity List because they have procured US-origin items for use in building supercomputers that are used to support…

Singapore’s Ministry of Trade and Industry announced that on 9 April 2021, Singapore deposited its instrument of ratification with the Secretary-General of ASEAN and became the first country to complete the official process for ratification of the Regional Comprehensive Economic Partnership (RCEP) Agreement. It is understood that China, Japan and Thailand completed their domestic procedures to approve RCEP, but apparently have not deposited their instruments of ratification with ASEAN. RCEP is the world’s largest free trade agreement and…

On 22 March 2021, the EU imposed restrictive measures on eleven individuals and four entities in relation to alleged human rights violations, including: four individuals and one company with links to the large-scale arbitrary detentions of Uyghurs in Xinjiang;two individuals and one company in the DPRK, responsible for implementing repressive security policies and other human rights violations;two officials in Libya and the armed Libyan militia, responsible for serious human rights abuses including extrajudicial killings;two Russian individuals involved in violations of LGBTI…

On 22 March 2021, the UK Government added four individuals and one entity to the Global Human Rights financial sanctions regime, in relation to alleged human rights violations taking place in Xinjiang, China. Four Chinese government officials and a Xinjiang security body have been added to the UK sanctions list and to the Office of Financial Sanctions Implementation’s consolidated list of financial sanctions targets. These measures were announced in coordination with Canada and the United States, and in parallel…

Effective March 22, 2021, Canada has imposed new sanctions against four Chinese officials and a Chinese entity under the newly enacted Special Economic Measures (People’s Republic of China) Regulations (the “Regulations”), in response to the alleged human rights situation in Xinjiang. Becoming a listed person under the Regulations has two noteworthy consequences. First, listed persons who are individuals are considered inadmissible to Canada under the Immigration and Refugee Protection Act. Second, the Regulations effectively impose an asset freeze…

On March 11, 2021, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice [Docket Number USTR–2021–0001; Dispute Number DS597] requesting comments on Hong Kong, China’s request for the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement) [WTO Document WT/DS597/5]. USTR invites written comments concerning the issues raised in this dispute. All submissions must be in English and sent electronically…

[The first paragraph has been updated from an earlier blog to reflect the publication of this notice in the Federal Register.] On March 10, 2021, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice (that was previously posted on the USTR website) that announces the USTR’s determination to further extend exclusions from the sec. 301 tariffs for 99 medical-care and similar products needed to address the COVID-19 pandemic.…

On March 5, 2021, the Office of the United States Trade Representative (USTR) posted on its website an advance copy of a notice to be published in the Federal Register that announces the USTR’s determination to further extend exclusions from the sec. 301 tariffs for 99 medical-care and similar products needed to address the COVID-19 pandemic. Those extensions were published in the Federal Register on December 29, 2020 (See 85 FR 85831) The new extensions…