This trade summary provides an overview of WTO dispute settlement decisions and panel activities, and EU decisions and measures on commercial policy, customs policy and external relations, for the fourth quarter of 2017.

If you have any questions regarding the above, do not hesitate to contact fclaprevote@cgsh.com or tmuelleribold@cgsh.com.

 

On December 14, 2017, Cleary Gottlieb partner Paul Marquardt led a presentation titled, “Developments in U.S. Sanctions Against Iran, Russia, and Venezuela” as part of PLI’s Coping With U.S. Export Controls and Sanctions 2017 conference.

To view the full presentation, click here.

For additional information regarding the conference, please visit the event’s website.

In parallel with the entry into force of Regulation 2017/2321 amending EU anti-dumping and subsidy rules (see here for further details), the Commission released its first country report on December 20, 2017.  Unsurprisingly, the Commission has chosen China as the subject of this first report.  In the accompanying Q&A document, the Commission stresses that this choice “merely reflects the fact that investigations and measures against China account for the largest proportion of the EU’s anti-dumping investigations and trade defense measures”.

Continue Reading First Country Report on New EU Anti-dumping Rules Released

On December 12, 2017, the European Parliament and Council signed the new regulation (EU) 2017/2321 amending the current anti-dumping methodology.  This follows the Council’s approval, with amendments, on December 4, 2017.  The final text of the regulation was published today in the Official Journal.  It will enter into force tomorrow (December 20, 2017).  (See our previous posts for further detail on the new anti-dumping methodology and the political agreement on the new methodology.) Continue Reading EU’s New Anti-dumping Methodology Enters Into Force

In preparation for its independent trade remedy framework, the UK government has launched a Call for Evidence on November 28, 2017 to identify UK businesses that produce goods currently subject to EU anti-dumping or anti-subsidy measures. Currently, all trade remedy activities applying in the UK (for example investigations, decisions, and monitoring) are undertaken by the European Commission under the EU’s common commercial policy.  Post-Brexit, the UK plans to operate its own trade remedy regime through the “UK Trade Remedies Authority”. (See here for our previous post on the trade and customs bills establishing these powers.) Continue Reading UK Government Seeks Views from Businesses on Maintaining Existing Trade Remedy Measures Post-Brexit

In November 2017, the UK Government took its first legislative steps in preparation for its post-Brexit trade regime.  On November 7, the Trade Bill was introduced for a first reading in the House of Commons.  Separate from the imminent trade deal it must strike with the EU (once progress on Brexit withdrawal negotiations are deemed satisfactory by all parties concerned), the UK is now sketching out its own international trade powers that will allow it to shape its relationships with partners worldwide.

Subsequently, on November 20, the Taxation (Cross-Border Trade) Bill (the “Customs Bill”) was introduced for a first reading in the House of Commons.  The core elements of these two bills are described below. Continue Reading UK Government Prepares for Post-Brexit Trade and Customs Regimes in Two New Bills

On October 17, 2017, the UK Government published legislative proposals that would give it greater powers to intervene in mergers that raise national security considerations or involve national infrastructure.  In the short-term, any transaction involving a party active in the manufacture or design of products for military use or in the “advanced technology” sector could face review on public interest grounds where the target’s UK turnover exceeded £1 million.  In the longer-term, an even wider set of transactions – including bare asset sales and investments in new projects – could be scrutinised on national security grounds and be subject to mandatory notification to the UK Government before being allowed to proceed.

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This Trade Summary provides an overview of WTO dispute settlement decisions and panel activities, and EU decisions and measures on commercial policy, customs policy and external relations, for the third quarter of 2017.

If you have any questions regarding the above, do not hesitate to contact fclaprevote@cgsh.com or tmuelleribold@cgsh.com.

On October 3, 2017, the EU Parliament, the Council, and the Commission reached an agreement on changes to the EU anti-dumping and anti-subsidy legislation. (See our previous posts on China’s status and the public consultation.) Concurrently, however, the 2013 Commission’s proposal on the Modernization of Trade Defense Instruments (covering inter alia amendments to the “lesser duty rule”) is still undergoing internal negotiations.

Continue Reading EU Reaches Political Agreement On New Anti-Dumping Methodology

As the implementation of China’s first comprehensive cybersecurity law (the “CCL”) progresses, concern is mounting in the international business community regarding the law’s expansive scope, prescriptive requirements and lack of clarity on a range of critical issues. Vocalizing such concern, on September 25, 2017, the United States government asked China to halt its implementation of the CCL and highlighted potential issues with the CCL to members of the World Trade Organization. Since the CCL’s passage, several regulations have been released by the principal agency responsible for its implementation that were intended to implement the provisions of the CCL, but in some cases appear to have further expanded its scope while leaving some critical questions unanswered. In the face of such uncertainties, foreign companies operating in China are advised to familiarize themselves with the requirements of the CCL and its implementation rules and adopt measures to enhance their preparedness for the full implementation of the CCL.

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