Month: April 2023

China and Australia Bilateral Trade

World Trade and Invasion, One Year Later – Are We on the Brink of a New World Order?  

By Bob Brewer, Braumiller Law Group

The UN General Assembly recently called once again for ending the war in Ukraine and demanded Russia’s immediate withdrawal from the country, in line with the UN Charter. To say the least, this obviously fell on totally deaf ears as Xi Jinping put on display in Moscow the limitless friendship and bonding with Putin, all while missiles continued to be fired into Ukraine in the scheduled daily barrage. Keep in mind, China’s trade with the U.S. and E.U. is 10xs that of Russia @ $1.62 trillion vs $190 million annually, making this recent visit a true head scratcher economically speaking on the surface.

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Revisions and updates to the International Traffic in Arms Regulations (ITAR)

Hot (or at least warm) Off the Press: Updates & Revisions to the ITAR

By Bruce Leeds, Senior Counsel, Braumiller Law Group

The Directorate of Defense Trade Controls (DDTC) is continuing its project to revise and update the International Traffic in Arms Regulations (ITAR). Some of the changes are editorial and some are substantive. If you are affected by the ITAR or think you might be, you will need to stay on top of the changes because some (or all) may affect you.

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OMB Proposes Rule to Clarify Buy America Provision for Grants and Agreements

By: James R. Holbein, Of Counsel and Harold Jackson, Associate Attorney

This article provides a brief analysis of the fundamental changes and clarifications to the Buy America requirements for federally-funded infrastructure projects that are currently proposed by the Office of Management and Budget (OMB), Made in America Office in a Federal Register Notice, “Guidance for Grants and Agreements, issued on February 9, 2023 (86 FR 8374).

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Advanced Rulings on USMCA

Advanced Rulings on USMCA Origin

By Brenda Cordova, Braumiller Law Group Mexico Legal Counsel

A good that complies with the USMCA rules of origin may qualify for duty exemption when imported into the United States, Mexico or Canada. The document that certifies such compliance is the certification of origin. This certification includes information about the importer, exporter or producer, certifier, description and harmonized tariff code of the goods, origin criteria, blanket period and authorized signature and date. Completing it seems to be a simple task because such information appears to be relatively basic.

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OFAC Enforcement

OFAC Enforcement Trends – Lack of Due Diligence in Mergers and Acquisitions

By Harold Jackson, Associate Attorney, Braumiller Law Group

With roughly 12,000 names now associated with the Specially Designated Nationals and Blocked Persons List (“SDN”),[1] layered sanctions on activities with Russia, and growing sanctions on China activities, U.S. sanctions have reached the forefront of U.S. government enforcement policy. On March 2, 2023,[2] the U.S. Department of the Treasury, Department of Commerce, and Department of Justice released a Joint Compliance Note, which is evidence that the three departments are coordinating to enforce U.S. sanctions and export controls, particularly those on Russia/Belarus activities.

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ofac enforcement

Red Flags for Software and Sanctions – OFAC Enforcement Wells Fargo Case Study

By Harold Jackson, Associate Attorney, Braumiller Law Group

On March 30, 2023, Wells Fargo agreed to remit $30,000,000 to settle its penalty liability across multiple sanctions programs with U.S. Department of the Treasury’s Office of Foreign Asset Controls. Across several years, Wells Fargo and its predecessor in Europe, Wachovia Bank, provided software that was used to process transactions with U.S.-sanctioned jurisdictions and persons.

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Court of International Trade (CIT) and USTR

China Section 301 Litigation:
CIT Issues Order: The Tariffs are Here to Stay

By: Vicky Wu, Partner, and Brandon French, Associate, Braumiller Law Group

The long-awaited decision by the Court of International Trade (“CIT”) was not the outcome thousands of importer companies were hoping for. On March 17, 2023, the CIT determined that the United States Trade Representative (“USTR”) legally followed Section 307 of the Trade Act of 1974.

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Russia remains one of the world’s top aluminum producers

Recent U.S. Actions Affecting Imports of Aluminum Products and More from Russia

By: Megan Mohler, Associate Attorney

With the signing of two recent Presidential Proclamations, the U.S. has chosen to take another hardline stance on Russia from an import perspective. Currently, Russia remains one of the world’s top aluminum producers, among other base metals and ore producers. This is troublesome for U.S. importers who still import base metals or derivative metal products from Russia, specifically aluminum.

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Preferential Tariff Treatment (PTT) compliance

Origin Verification Procedures Under the USMCA 

By Francisco de la Cruz, Braumiller Law Group Mexico Legal Counsel

The customs authority is empowered to verify whether a good imported into its territory under Preferential Tariff Treatment (PTT), complies with the rules of origin and other requirements set out in USMCA.

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