Perspectives on International Trade & Investment

On February 24, 2016, President Obama signed the Trade Facilitation and Trade Enforcement Act of 2015, H.R. 644 (Customs Reauthorization Bill), into law.

At long last, after two plus years of debate, last week the Senate finally passed the Trade Facilitation and Enforcement Act of 2015 (2015 Trade Enforcement Act).

Today, February 16, 2016, the US Department of Transportation and Cuban government officials signed a December 2015 agreement to restore commercial air travel. There have been no scheduled flights between the US and Cuba for over 50 years.

This alert brings you recent developments affecting importers at US Customs and Border Protection (CBP). The developments affect how importer information is filed with CBP.

International trade events continue to occur at break neck speed. The Toronto International Auto Show takes place later this week, on the heels of the signing of the Trans Pacific Partnership Agreement (TPP) in New Zealand.

Arent Fox LLP is pleased to announce the appointment of D. Jacques Smith and Kay C. Georgi to lead the firm’s internationally recognized Complex Litigation and  International Trade practices.

On January 16, 2016, the US Department of State and US Department of Treasury’s Office of Foreign Assets Control (OFAC) took two actions that impact the auto industry.

On January 16, 2016, the US Department of State and the US Department of Treasury’s Office of Foreign Assets Control (OFAC) announced the lifting of certain US sanctions against Iran pursuant to the Joint Comprehensive Plan of Action (JCPOA).

Saturday marked “Implementation Day” when the International Atomic Energy Agency (IAEA) verified that Iran has fulfilled its nuclear-related obligations under the JCPOA. Implementation Day also means the first of the domino impact to US sanctions.

Detroit business leaders understand the value of product innovation and market expansion. For many of these executives, the official release of the Trans-Pacific Partnership Agreement in November signaled a new opportunity of export growth in a region quickly becoming a consumer powerhouse.

Arent Fox LLP secured a victory for Sunpreme Inc., a US solar company based in Sunnyvale, California.

The TPP will undoubtedly increase the volume of food choices within the twelve nation pact. Congress is well aware of this anticipated increase in competition and will work to ensure that US border agencies have the resources to enforce regulations to guard against unsafe and counterfeit products.

On December 18, 2015 President Obama signed into law the Consolidated Appropriations Act, 2016 (H.R. 2029) that included Section 101 of Division O which officially ended the 40-year US ban on crude oil exports. The law also makes it very difficult to reimpose restrictions.

Readers of these posts know that we have been closely following developments of US “Buy America” requirements as they are applied to US construction projects ranging from wastewater management, flood control, urban light rail systems, and highway building.

As many of you are wrapping up operations today, I wanted to bring together some of my thoughts on TPP as 2015 comes to a close.

On Monday, November 30, 2015, Nordstrom and denim manufacturer AG Adriano Goldschmied filed a motion to approve a settlement in California federal court, agreeing to pay more than $4 million to settle a consumer class action suit that accused them of falsely labeling jeans as “Made in USA.”

There has been no let-up in the push for a final Trans-Pacific Partnership since the accord was signed by the 12-member countries on October 5th. This is especially true in the US, where US Trade Representative Michael Froman said that the agreement will be the template for future trade pacts.

Free trade agreements have a generic template that negotiators follow. After the various “feel good” provisions outlining the lofty objectives of said agreement, the text quickly turns to the nuts and bolts of the negotiations…

Sunday, October 18, 2015 marked the official “Adoption Day” of the July 14, 2015 Joint Comprehensive Plan of Action (JCPOA).

California passed Assembly Bill 60 (AB60) which allows the Department of Motor Vehicles to issue a driver’s license to any person, which could include an undocumented person, who cannot establish their legal presence in the US but otherwise meets licensing requirements to drive a motor vehicle.

On October 8, Bloomberg Politics broke down “How the White House Slices 18,000 Tax Cuts From Trade Deal” following the controversial 12-nation deal reached earlier that week.

Over the weekend, negotiators from the US, Canada, Mexico, Japan, and eight Pacific Rim countries agreed to the Trans-Pacific Partnership, the largest regional trade accord in history, accounting for more than 40 percent of the global economy.  

By any standard, these are anxious times. For days, top negotiators from the Trans-Pacific Partnership (TPP) have been meeting in San Francisco and Washington, DC and taking up most of the cities’ available hotel rooms.

The Commerce Department’s Bureau of Industry & Security and the Treasury Department’s Office of Foreign Assets Control released amendments to the Export Administration Regulations and the Cuban Assets Control Regulations to further implement President Obama’s new Cuba policy to ease sanctions.

Despite the setbacks in Maui last month during the last ministerial meeting of the Trans-Pacific Partnership (TPP)[1] many still believe that the negotiators will resolve all outstanding items so that an agreement can be signed by the end of 2015 and implemented in the Spring 2016.