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On January 19, 2021, the US Commerce Department (“Commerce”) published an interim final rule (“Interim Rule”) to implement Executive Order 13873, “Securing the Information and Communications Technology and Services (“ICTS”) Supply Chain.” The Interim Rule was issued following the public comment period’s closure on January 10, 2021 on the proposed rules issued on November 27, 2019 (“Proposed Rules”). For more information on the Proposed Rules and the Interim Rule, please see our blog posts here and here. When it requested comments on…

On 12 July the European Commission and the European External Actions Service (EEAS) published guidance on “due diligence for EU businesses to address the risk of forced labour in their operations and supply chains”. The non-binding guidance seeks to provide European companies with practical advice on the implementation of effective human rights due diligence practices to address forced labour risks in their supply chains. It also provides an overview of international standards and principles on responsible business…

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…

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…

On April 20, 2021, the Biden Administration took steps to address cybersecurity risks in the US energy sector industrial base by announcing a 100-day cybersecurity initiative for electricity subsector industrial control systems (“100-Day Plan”) and by issuing, on April 22, 2021, a Request for Information to inform future recommendations for US energy systems’ supply chain security (“RFI”). Public comments in response to the RFI are due by June 7, 2021. These actions support the Biden…

Introduction The UK, US, and Canadian governments have recently announced a range of new measures in relation to human rights violations alleged to be taking place in Xinjiang, China. The new measures include enhanced due diligence requirements for companies with links to the region in order to identify and remove the use of forced labor from their supply chains. The move further underlines the importance of effective supply-chain risk management for companies with complex global…

As the inauguration of the forty-sixth president of the United States approaches, the fragility of supply remains a critical lesson-learned from the COVID-19 pandemic.Our new report, in partnership with the Atlantic Council, titled The Biden-Harris Administration and the Future of Supply Chains in the Americas, explores how the next US administration can work alongside partners and allies in the Western Hemisphere to assure supply-chain resilience is achieved and prioritize. Visit the landing page View the press releaseView the recording…

Please join the Baker McKenzie team on Thursday, December 3 for a workshop on Supply Chain Risk Management and What It Means Under a Biden Administration. The discussion, slated to start at 12:10pm ET, will be part of the Luxury Law Summit. Baker McKenzie experts will address risk management in the supply chain with a focus on: Supplier risk and relationship managementGrowing risk under a Democratic administrationExport controls and sanctions risks in the supply chain lifecycle,…

Blockchain technology was born in the midst of the financial crisis and proposed as a means of reliably transferring a store of value without using a bank or other financial intermediary. Bitcoin was the first such blockchain token, and multiple cryptocurrencies have followed. But blockchain use cases extend far beyond the financial world, and some of the more creative uses of blockchain technology have emerged in the supply chain. The numerous benefits of blockchain to…

The novel coronavirus outbreak continues to have a substantial impact across the globe. As of the writing of this post, more than 87,000 cases of the coronavirus disease (COVID-19) have been identified in 60 countries and territories around the world, claiming the lives of 2,977 people. Travel restrictions are becoming increasingly tighter at airports, with countries either imposing mandatory health screenings on travellers arriving from certain countries, or denying entry to passengers who have recently…