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US – Government procurement – DoD adds Australia to WTO GPA list

By 2 Mins Read

On August 9, 2019, the Department of Defense (DoD) published in the Federal Register a final rule [Docket DARS–2019–0037] that amends the Defense Federal Acquisition Regulation Supplement (DFARS) to add Australia as a new World Trade Organization Government Procurement Agreement (WTO GPA) country. On October 17, 2018, the WTO Committee on Government Procurement approved the accession of Australia to the WTO GPA. Australia submitted its instrument of accession to the Secretary-General of the WTO on…

US Government escalates sanctions against the Government of Venezuela

By 11 Mins Read

On August 5, 2019, President Trump issued Executive Order 13884 (“Venezuela EO”) blocking all property of the Government of Venezuela (“GOV”), a significant escalation of sanctions against the regime of President Maduro. Statements issued by the White House and State Department indicate that this escalation is meant to target the Maduro regime for its continued abuses of human rights and repression. The US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) concurrently issued 12 amended general licenses and 13 new…

US – The United States wins some, loses some in the WTO’s decision on zeroing

By 4 Mins Read

On April 9, 2019, the World Trade Organization released the Panel Report in United States – Anti-Dumping Measures Applying Differential Pricing Methodology to Softwood Lumber from Canada, WT/DS534/R.  The decision addresses particular aspects of the US Department of Commerce’s methodology for calculating antidumping duties under the Antidumping Agreement (the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994).  In some ways, the decision reiterates already-established principles – for example, Commerce may address perceived “targeted dumping” through the use of “zeroing” in its calculations.  In other ways, the decision sets up changes that may be necessary in the margin calculations.  After the 60-day period for appeal passes, it will be clearer whether the decision will affect future proceedings and if there is a new avenue for foreign producers to challenge Commerce’s practice domestically.

US – USTR proposes countermeasures in response to EU aircraft subsidies

By 4 Mins Read

[Update to April 8 article below] On April 12, 2019, the Office of the US Trade Representative published in the Federal Register a notice of initiation of investigation, hearing, and request for comments [Docket No. USTR–2019–0003] regarding enforcement of US rights in the World Trade Organization (WTO) dispute against the European Union (EU) and certain EU member States addressed to EU subsidies on large civil aircraft.

WTO addresses “essential security interests” claim for the first time

By 3 Mins Read

On 5 April 2019, the WTO circulated the panel report in Russia – Measures Concerning Traffic In Transit (DS512). The decision is the first time that a WTO panel has had to decide the extent of WTO jurisdiction over a claim by a Member that its actions were appropriate under Article XXI, the essential security exemption from WTO rules. Ukraine brought the dispute in September 2016 after the Russian Federation imposed restrictions preventing Ukraine from using roads and railways to trade goods with several former Soviet republics. Ukraine claimed that the measures appear to be inconsistent with:

WTO – Progress on the United Kingdom’s GPA accession

By 2 Mins Read

The WTO announced that at the 17 October 2018, meeting, Government Procurement Agreement (GPA) parties reviewed the UK’s revised market access offer as part of its bid to join the GPA in its own right after its departure from the European Union. All GPA parties that spoke expressed a clear desire that the UK continue to participate in the Agreement in a seamless manner post-Brexit, on terms that are mutually acceptable.