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Enforcement & Investigations

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On 11 June 2021, the Recast Dual-Use Regulation was published in the Official Journal of the European Union as Regulation 2021/821 (the “Regulation”). The Regulation, which comes into force on 9 September 2021, will replace the current Dual-Use Regulation introduced in 2009. Key changes include: Two new general export authorisations: The Regulation introduces a general export authorisation for intra-group transfers of dual use software and technology to specified countries for product development purposes, that is available where…

In a Joint Statement with the UK, on June 17, 2021, the US Trade Representative (USTR) announced, that: The United States and the United Kingdom [today] reached an understanding to resolve a long-standing trade irritant relating to large civil aircraft. This development strengthens our special relationship and builds on the revitalized Atlantic Charter, which affirms our ongoing commitment to sustaining and defending our enduring values against new and old challenges. The framework provides that the…

On June 14, 2021, the Federal Emergency Management Agency (FEMA) announced new exemptions from a temporary final rule placing export restrictions on certain types of medical supplies and personal protection equipment products (“PPE Products“) used in response to the COVID-19 global health pandemic. The new exemptions include industrial N95 respirators, PPE surgical masks, and specific syringes and needles. The temporary final rule is set to expire on June 30, 2021. FEMA first imposed export restrictions on certain PPE Products…

On June 16, 2021, US Customs and Border Protection (CBP) published in the Federal Register a final rule [CBP Dec. 21-09] that amends the CBP regulations to reflect the imposition of import restrictions on certain categories of archaeological and ethnological material from the Republic of Turkey (Turkey). These restrictions are being imposed pursuant to an agreement between the United States and Turkey (the Agreement) that has been entered into under the authority of the Convention…

On 5 April 2021, the US Court of International Trade (Court) issued a significant ruling that overturns a portion of the Section 232 tariffs imposed by President Trump under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862). The decision affects the duties imposed on US imports of steel and aluminum “derivative” products but not the more general steel and aluminum tariffs. The Court found that President Trump missed the statutory deadline…

The National Executive issued Decree No. 4,619 of 1 June 2021 (“Decree”),which establishes an exemption of the payment for the Value Added Tax (VAT), Customs Duties and Customs Service Tariff for Determination of the Customs Regime to imports of various goods and merchandise of certain economic sectors. The Decree entered into force on 1 June 2021, and repealed Decree No. 4,604 of 1 May 2021, which established the exemption for the payment of the VAT,…

In brief On 3 June 2021, the Parliament of Ukraine adopted the Law of Ukraine “On Amendments to the Tax Code of Ukraine on Repealing Taxation of Income Received by Non-Residents in the Form of Payment for Production and/or Distribution of Advertising and Improvement of the Procedure for Value Added Taxation of Supply of Electronic Services to Individuals by Non-Residents” (“Law”). Key takeaways The Law introduces 20% VAT on electronically supplied services (“ESS”) provided by…

On June 15, 2021, the White House announced that the US and European Union (EU) have reached an agreement in the 16-year WTO Boeing-Airbus dispute and agreed to address shared challenges from China. The US and EU will suspend tariffs that were authorized by the WTO that are related to this dispute for five years and work together to challenge and counter China’s non-market practices in this sector in specific ways that reflect standards for fair competition. This includes collaboration on inward…

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…