In keeping with tradition, we are pleased to invite you to our annual Global Year-End Review of Import/Export/Trade Compliance Developments. In lieu of our annual conference in Santa Clara, CA, we are excited to again provide a virtual offering available to all our clients and friends worldwide! The conference will be comprised of 75 minutes sessions over the course of three days. Please join us on November 16, 17 and 18 for any or all sessions.

Our international trade compliance lawyers from around the world will review the major global legislative, judicial and administrative activities and trends in export controls, trade sanctions, customs compliance, and import requirements. 

Please click on the “Register for this session” buttons located within the agenda below to select your sessions. If you’re unable to attend but wish to receive materials etc, please send us your request HERE.

Sign Up for a Virtual One-to-One Meeting
If you would you like to arrange a 20 minute virtual one-to-one session with one of our International Trade attorneys, please indicate the topic or question you’d like to discuss here. We’ll contact you to schedule a convenient time to meet. 

CLE, CPE, CCS, MCS, CES, MES Credit Pending
Agenda
November 16 l Day One

Introduction, Trade Policy Overview and Foreign Investment Reviews
8:30 am – 9:45 am PST
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• Update on the Biden Administration Trade Policy: The First Year’s Developments and Prospects
• Global Trade Perspectives: The WTO Structure in Jeopardy? 
• Foreign Investment Review (US, UK, EU and China): The New Mercantilism?

Presenters: John McKenzie, Sunny Mann, Pablo Bentes, Rod Hunter and Anahita Thoms

Export Controls Development
12:00 pm – 1:15 pm PST
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• Key US Export Control Developments
– Status of BIS Implementation of the Emerging and Foundational Technologies Initiative
– Update on the Huawei Sanctions
– BIS Expectations of Exporter Due Diligence: Military End-Users and Military End Uses  
• UK Export Controls in the Post-Brexit Environment
• EU Export Control Developments: EU Dual Use Regulation 821/2021
• Cloud Computing and SaaS: A Global Perspective

Presenters: Nick Coward, Alison Stafford Powell, Paul Amberg, Kerry Contini, Ben Smith and Bart McMillan
 
Sanctions Developments
3:00 pm – 4:15 pm PST
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• US Overview: Biden Administration
• Globalization of Sanctions: Multijurisdictional Challenges
• Recent Country Program Developments
– Belarus Sanctions
– Russian Sanctions
– Myanmar Sanctions
– Afghanistan: A De Facto Embargoed Country? 
• Other Country Program Updates
– Iran Sanctions
– Cuban Sanctions
– Venezuelan Sanctions
• Evolution of Thematic Sanctions Regimes – anti-corruption, human rights, anti-terrorism, etc.

Presenters: Alison Stafford Powell, Janet Kim, Alexandre Lamy, Ben Smith and Brian Cacic  

November 17 l Day Two

Enforcement Trends and Regulator Compliance Expectations

8:30 am – 9:45 am PST
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• Considerations in Making Voluntary disclosures
• Refresher on computation of penalties
• Leading Export Control and Economic Sanctions Enforcement Cases: Lessons Learned
• Export Enforcement and Economic Sanctions Enforcement Priorities under the Biden Administration
• EU/UK Enforcement Activity and Approach Ransomware

Presenters: Alison Stafford Powell, Jessica Nall, Terry Gilroy, Tristan Grimmer, Helena Engfeldt and Stephen Reynolds

Spotlight on China – the US Perspective
12:00 pm – 1:15 pm PST
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• Biden Administration’s Trade Policy for China: USTR Katherine Tai’s Policy Statement of October 4, 2021
• Entity List Sanctions Imposed on Chinese Parties
• Sanctions Imposed on Chinese Entities for Alleged Human Rights Abuses and Forced Labor  
• Hong Kong Autonomy Act and Possible Sanctions on Entities Undermining Hong Kong Autonomy
• Implications of Designation of Chinese Entities by OFAC as Non-SDN CMCCs under Executive Order 14032
• Restrictions on US Government Procurement of Chinese Origin Products

Presenters: John McKenzie, Jon Cowley, Alison Stafford Powell, Kerry Contini and Iris Zhang

Spotlight on China – the China Perspective
3:00 pm – 4:15 pm PST
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• China’s Responses to United States Export Restrictions and Sanctions
• Addressing Compliance Challenges of the Conflicts of Laws between U.S. Export Restrictions and Sanctions and the Chinese Regulatory Responses
• Other Key Chinese Legislative Developments  
• Chinese Customs Regulatory Development

Presenters: John McKenzie, Vivian Wu, Frank Pan, Tina Li, Ivy Tan and Jon Cowley  

November 18 | Day Three

US and Canadian Customs and Import Developments

8:30 am – 9:45 am PST
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• Update on CBP Regulatory Developments
• CBP and CBSA Audit and Enforcement Priorities
• Customs Valuation on the Basis of First Sale for Export (US) and Purchaser in Canada (Last Sale)
• Transfer Pricing and Customs Valuation in the United States and Canada, a comparative discussion
• Update on Section 301 Duties
• United States Government Procurement Developments

Presenters: John McKenzie, Jon Cowley, Paul Burns and Eunkyung Kim Shin

Key International Trade Developments with Major Trading Partners
12:00 pm – 1:15 pm PST
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• Canada and Mexico: USMCA Developments
• UK and the European Union: Update on the Free Trade Agreement
• Comprehensive and Progressive Agreement for Trans-Pacific Partnership
• Rest of World Developments
– Mercosur
– Africa
– ASEAN
– Russia

Presenters: John McKenzie, Paul Burns, Jon Cowley, Jenny Revis, Adrianna Ibarra, Alessandra, Machado (Of Counsel, Trench Rossi Watanabe), Virusha Subban, Ivy Tan and Vladimir Efremov

Supply Chain-related Trade Risks and Regulatory Developments
3:00 pm – 4:15 pm PST
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• Biden Administration Supply Chain Initiatives
• Commerce Department ICTS Regulations Implementing Executive Orders 13873 and 14034
• Implementation of Tariff Act Section 307 Prohibitions on Imports of Products of Forced Labor
• Overlap with Customs Planning and Compliance, for On-shoring and Near-shoring Decisions
• Export and Sanctions Compliance Risks in Supply Chains
• ESG
• Human Trafficking Legislation
• Risk Mitigation – Vendor Screening, OFAC Compliance and Data Privacy Considerations
• The Foreign Corruption Practices Act:  Interacting with Direct and Indirect Suppliers

Presenters: Alison Stafford Powell, Kerry Contini, Aleesha Fowler, Maria Piontkovska and Brian Cacic
 
Author

Kerry Contini is a partner in the Firm's International Trade Practice Group in Washington, DC. Kerry focuses her practice on export controls, trade sanctions, and antiboycott laws. This includes advising US and multinational companies on trade compliance programs, risk assessments, licensing, review of proposed transactions, and enforcement matters. Ms. Contini works regularly with companies across a wide range of industries, including the pharmaceutical/medical device, oil and gas, and nuclear sectors.

Author

Aleesha Fowler is an associate in Baker McKenzie’s North American Litigation Practice Group in New York, New York. She has experience in the areas of white collar criminal defense, internal investigations, regulatory compliance matters, and complex civil litigation. Aleesha focuses her practice on white collar criminal defense, internal investigations, regulatory and compliance matters, and complex civil litigation. She has significant experience representing financial institutions under investigation by the US Department of Justice, the US Securities and Exchange Commission, FINRA, and the OCC. She also has experience advising companies (both domestic and foreign) on their compliance with the US Foreign Corrupt Practices Act.

Author

Maria Piontkovska advises clients on reducing anti-corruption compliance risks stemming from operating business in emerging markets and handles internal investigations and related interactions with law enforcement authorities. Her practice focuses on global corporate compliance and investigations, as well as white collar criminal matters. She represents domestic and international corporate clients in a broad range of compliance matters, including criminal investigations, before the US Department of Justice, the US Securities and Exchange Commission, and other government agencies.