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Export Controls

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In the recent flurry of US Government activity related to Xinjiang, one thing is clear: trade compliance risks continue to increase for companies with supply chains that involve Xinjiang. These latest actions add to the expanding list of companies that face import bans, export bans, and sometimes both, in addition to broader measures under consideration in Congress. This blog post summarizes the past month’s developments. Companies with Xinjiang anywhere in their supply chains should be…

On June 8, 2021, the White House published a set of reports on the 100-day interagency reviews (“Reports”) conducted pursuant to Executive Order 14017 (“Supply Chain EO”), which assessed supply chain risks and vulnerabilities for several supply chains, including those relating to semiconductor manufacturing and advanced packaging, and made policy recommendations to address those risks. The Reports suggest that export controls on semiconductor-related equipment and technology can help protect the technological advantage of the United States in…

As part of Europe’s economic recovery, the EU Commission has acknowledged the trading bloc’s technological and strategic dependencies will need to be addressed. The EU Commission identified a number products imported into the EU on which the EU is highly dependent in notably sensitive sectors. The EU Commission also performed six in-depth reviews on the origin of strategic dependencies and their impact on importation. The EU Commission concluded that it will continue to work on…

Baker McKenzie’s annual supply chain conference continued last week with a detailed breakdown of key digital transformation, data privacy and IP considerations in supply chain management. Our team, along with a guest speaker from ADM, also covered customs regulations and trade sanctions. This presentation covered upstream supply chain disruptions including supply chain restructuring, downstream supply chain shocks and the resulting increase in e-commerce challenges. Click here to view* the recording. *Note that only live Baker McKenzie…

The US Government continues to implement measures intended to restrict the provision or use of Chinese-origin goods and technology. Notably, on July 14, 2020, three government agencies issued an interim rule (the “Interim Rule”) that implemented changes to the Federal Acquisition Regulations (“FARs”) pursuant to Section 889 of the National Defense Authorization Act of 2019 (the “NDAA”). These changes have the effect of prohibiting not only the provision of “covered telecommunication equipment or services” to…

In response to the growing impact of the COVID-19 Coronavirus in Europe, a number of countries have implemented national controls to restrict the export of medicines and medical equipment, such as face masks, gloves, and protective clothing. Over the weekend, the EU Commission reviewed actions taken by Member States and, while it has discouraged Member States from adopting measures which would limit intra-EU trade, it has introduced a temporary export ban on exports of certain…

When companies and compliance departments think about US sanctions and export control risks, they often focus on sales to customers and exports/reexports from one country to another. In that context, the attention is typically on confirming that a customer and other parties involved in a sale and shipment are not restricted parties and that the transfer of a product is authorized under applicable export-control regulations. This is only half the story. Companies can have similar…