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US – Reconsidering the TPP and impact on intellectual property

By 4 Mins Read

In April, President Trump indicated that his administration would reconsider the US re-joining the Trans-Pacific Partnership (TPP), after withdrawing from it last year.

Following the United States’ withdrawal from the treaty, the remaining 11 signatory states, Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam nevertheless proceeded to negotiate a new trade agreement which is now finalised and referred to as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

US – Update on (sec. 232) national security implications of steel imports and aluminum imports

By 4 Mins Read

As you may recall, early last year, President Trump issued two presidential memoranda instructing the U.S. Commerce Department to initiate an investigation into the national security implications of steel imports and aluminum imports into the United States.  If these so-called “section 232” (section 232 of the Trade Expansion Act of 1962, as amended) investigations determine that steel import and/or aluminum imports “threaten to impair the national security[,]” then the President can impose additional customs duties (among other things) on covered products.

On June 16, 2018, the Secretary of Commerce issued his reports to the President in both matters (unclassified versions of the reports are available here).   In each case, the Department of Commerce concluded that the quantities and circumstances surrounding steel and aluminum imports “threaten to impair the national security,” thereby opening the door to the imposition of import restraints.  Specifically, Commerce’s recommendations are as follows:

TPP-11 countries agree to a revised agreement without the US

By 1 Min Read

On January 23, 2018, the Canadian Prime Minister announced that the 11 countries still committed to the Trans-Pacific Partnership, now renamed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), have agreed to an agreement after talks in Japan this week. Trade ministers will attend a signing ceremony in Chile in March.  Details will be announced shortly.  Certain provisions will be suspended for now with the thought that a future US administration might join the…

CPTPP: Making Trade Great Again but Concerns Linger

By 6 Mins Read

At the recent Asia Pacific Economic Cooperation (“APEC“) Summit in Da Nang, Vietnam, the 11 remaining countries of the Trans-Pacific Partnership (“TPP11“) took a significant step forward to finalize a new agreement now referred to as the Comprehensive and Progressive Trans-Pacific Partnership (“CPTPP“).  Media reports were mixed as some outlets reported that there was an agreement in principle while others reported that Canada was not ready to sign on.  However, the end result is an impressive draft agreement in principle on most of the existing terms with some key exceptions and a few remaining issues from Canada’s perspective.  To its credit, Japan has been leading the effort to move forward with the CPTPP in hopes of the United States rejoining the agreement at some point in the future.

Malaysia – Strategic Trade (Amendment) Act 2017

By 9 Mins Read

Background

By way of background, the Strategic Trade Act 2010 (STA) came into force on 1 January 2011 and implemented for the first time in Malaysia export controls based on the Wassenaar Arrangement, the Australia Group, the Missile Technology Control Regime, and the Nuclear Suppliers Group. Malaysia was the second country within ASEAN to implement such export controls after Singapore.

US – USTR seeks comments re: Administration’s reviews and report to the President on trade agreement violations and abuses

By 2 Mins Read

On June 29, 2017, the Office of the U.S. Trade Representative (USTR), in conjunction with the Department of Commerce (DoC) , published in the Federal Register a request for comments [Docket No. USTR–2017–0010] that they will consider as part of the comprehensive performance reviews required by Executive Order 13796 of April 29, 2017)