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Customs/Imports

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On April 8, 2021, the US Treasury Department published an updated List of Countries Requiring Cooperation With An International Boycott (the “Treasury List”). Significantly, Treasury announced that it had removed the UAE from the Treasury List following the UAE’s repeal of its law requiring participation with the Arab League Boycott of Israel and subsequent implementation of the new policy. In connection with its establishment of full diplomatic ties with Israel last year under the UAE-Israel Abraham Accords,…

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…

The US Treasury Department’s Office of Foreign Assets Control (OFAC), the US State Department (State), and the US Commerce Department (Commerce) issued rules adjusting maximum civil monetary penalties (CMPs) under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (FCA), as outlined below. (For additional years of CMPs, see our previous blog post available here.) OFAC CMP Adjustments Under OFAC’s final rule published on March 17, 2021, the adjusted penalties apply to CMPs that are assessed…

On April 9, 2021, the US Commerce Department’s Bureau of Industry and Security (BIS) strengthened restrictions targeting Burma by adding Burma to the list of countries subject to the Export Administration Regulations’ (EAR’s) military-intelligence end-use and end-user controls and controls on certain support activities by US persons (“Interim Final Rule“). These controls were first issued on January 15, 2021 (“January Rule“), and became effective March 16, 2021.  Our blog posts on other recent sanctions targeting Burma…

Global Affairs Canada announced that the Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA) entered into force on April 1, 2021 – preserving preferential market access for both Canadian and UK businesses. Resources: The full text of the Canada-UK TCA may be found here.A Joint Interpretative Instrument. Statement by Canada and the UK interpreting the Canada-UK TCA provisions.Chapter summaries – Chapter-by-chapter guide to the Canada-UK TCA key provisions.Economic Impact Assessment – Assessmentconducted by the Office of…

On 13 April 2021, a new import ban will come into effect on 24 new categories of products originating from the Russian Federation. The Cabinet of Ministers of Ukraine adopted a resolution amending the list of products prohibited for import into Ukraine from the Russian Federation, which was previously approved by its Resolution No. 1147 dated 30 December 2015 “On Banning the Import of Products Originating in the Russian Federation into the Customs Territory of…

On 24 March 2021, the Minister of Innovation, Science and Industry (“Minister”) issued updated Guidelines on the National Security Review of Investments (“Updated Guidelines”). The Updated Guidelines outline additional factors and clarify existing factors the Canadian government will consider in assessing investments for potential national security concerns under the Investment Canada Act (ICA). These new factors include sensitive personal data, intangible assets, certain sensitive technologies, and critical minerals. The Updated Guidelines also formalize that investments by state-owned…

(Decree No. 18/2021/ND-CP amending Decree No. 134/2016/ND-CP) In brief The government recently issued Decree No. 18/2021/ND-CP (“Decree No. 18”), amending a number of provisions under Decree No. 134/2016/ND-CP and elaborating on the Law on Export and Import Duties. The new decree comes into force on 25 April 2021. Decree No. 18 provides the following key points: Duty treatment for toll manufacturers and contract manufacturersImport duty refund for imported goods that have to be re-exportedPhysical conditions…

On 5 March 2021, the European Commission published guidelines on the practical implementation of Article 4 of Regulation (EU) 2019/1020 (“Market Surveillance Regulation”). From 16 July 2021, Article 4 will prevent distance sellers based outside of the EU from selling certain types of CE marked products (including toys, electrical goods and PPE) to customers in the EU where there is no EU-based economic operator responsible for compliance. This is of particular relevance to sellers using online marketplaces to sell…

On April 1, 2021, President Biden signed Executive Order 14022, revoking Executive Order 13928 “Blocking Property of Certain Persons Associated with the International Criminal Court” (the “ICC EO”), which authorized the imposition of sanctions and visa restrictions on non-US ICC officials. The US Treasury Department’s Office of Foreign Assets Control concurrently removed two senior ICC officials from the Specially Designated Nationals and Blocked Persons List (“SDN List”), including Fatou Bensouda, the ICC’s chief prosecutor. The…