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Trade Policy

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The President of the Authority of Regulation of Public Procurement Contracts (Autorité de Régulation des Marchés Publics – ARMP) calls certain contracting authorities to order in the circular of 13 March 2020 clarifying the procedures for awarding public contracts that do not require pre-qualification. Click here to read more. [This article originally appeared in Baker McKenzie’s Francophone Africa Newsletter.] Contacts, Richard Mugni, Fabien Hecquet, Marilyn Batonga, Celine Van Zeebroeck and Keltoum Boudribila.

As a result of the economic crisis caused by the COVID-19 pandemic, several African countries have implemented supporting measures for the economic actors to ensure the continuity of their activities and mitigate the negative effects on the economy. In particular, Togo has suspended all ongoing tax controls on local companies. In Mali, a guarantee fund for the private sector has been created to cover the financial needs of businesses affected by the pandemic. The Central…

The Democratic Republic of Congo set up on 5 March 2020, a national export promotion agency named “Anapex.” According to Decree No. 20/003 of 5 March 2020, the agency’s mission is to promote exports of all agricultural, agro-industrial, industrial, and artisanal products of Congolese origin. The agency’s activities consist mainly of implementing policies meant to facilitate the export of Congolese products, providing support to Congolese companies, and developing local skills. Click here to read more.…

On May 14, 2020, the US Department of State, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC), and the US Coast Guard issued guidance to the private sector aimed at preventing deceptive shipping practices used in sanctions evasion, smuggling, facilitation of terrorism, and other criminal activity (the “Advisory”). The Advisory focuses on tactics recently used by malign actors to evade sanctions and sets out a non-exhaustive list of best practices companies may wish…

The EC announced on 26 May that the export authorisation scheme for PPE ceased to apply as of Tuesday, 26 May 2020. The EC has decided not to extend the measure, initially introduced on 15 March to ensure adequacy of supply of such products in the EU in times of the COVID-19 pandemic. This measure was initially extended for another month on 26 April, implementing additional reporting requirements and limiting the scope of the scheme to face masks.…

On May 28, 2020, US Customs and Border Protection (CBP) and the Transportation Security Administration (TSA) published in the Federal Register a notification of arrival restrictions applicable to flights carrying persons who have recently traveled from or were otherwise present within Brazil. A person is considered to have recently traveled from, or otherwise been present within, Brazil if that person departed from, or was otherwise present within, Brazil within 14 days of the date of…

On May 28, 2020, US Customs and Border Protection (CBP) published in the Federal Register a notice of intent to distribute assessed antidumping or countervailing duties (known as the continued dumping and subsidy offset) for Fiscal Year 2020 in connection with countervailing duty orders, antidumping duty orders, or findings under the Antidumping Act of 1921. The document provides the instructions for affected domestic producers, or anyone alleging eligibility to receive a distribution, to file certifications…

In brief The Hong Kong Trade and Industry Department (TID) recently released a new circular concerning the control of strategic commodities. Hong Kong exporters of US-origin electronics, computers, and telecommunications equipment should be clear about whether US authorization is required for any export, and ensure that all relevant authorizations and licenses are obtained prior to any shipment. Exporters relying on “License Exception CIV” will no longer be able to do so after 29 June 2020.…

Communiqué No. 2020/8 Amending the Communiqué No. 96/31 on Goods Prohibited from Export or That Require Pre-Approval and Communiqué No. 2020/9 on Amending Communiqué No. 2006/7 on Goods Subject to Registration for Export (“Communiqués“) were published in the Official Gazette № 31115 dated May 2, 2020. The Communiqués remove various export control measures imposed as part of COVID-19 pre-cautions on export transactions. Developments The government introduced a number of measures to combat COVID-19 in the…

On May 27, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice of a request for emergency clearance of an information collection and a request for comments of a new information collection request (ICR) titled Large Civil Aircraft Dispute Portal. To meet the statutory schedule for revisions, USTR must open the Portal on or about June 23, 2020. Upon OMB approval of this emergency clearance request, USTR…