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Commercial International Trade Contracts

Using a Contract Review Checklist for Commercial International Trade Contracts

James Holbein August 21, 2024

In the complex world of commercial international trade, contracts serve as the foundation for successful transactions. A well-prepared contract review checklist provides a basis for lawyers to ensure that all necessary terms and conditions are covered, protecting all parties involved. This article outlines the essential components of a contract review checklist related to goods in international trade. The goal is to provide a structured approach to reviewing and drafting contracts, beyond the basics of INCOTERMS.

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brics

BRICS – Shaping the Future of Global Finance and Investment

Victoria Holmes August 21, 2024

Imagine a world where five powerhouse nations are redefining the global economic landscape. BRICS—an acronym for Brazil, Russia, India, China, and South Africa—is not just a coalition of emerging markets; it is a formidable alliance shaping the future of global finance and investment. You can read about the coalition’s attempt to unseat the US dollar in our previous newsletter.

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texas

The Trade Powerhouse: Analyzing Texas’ Role in Global and National Trade

Victoria Holmes August 21, 2024

Texas isn’t just celebrated for its breathtaking landscapes and rich history—it’s a dynamic powerhouse in international and interstate trade. As the second-largest state in the U.S., Texas capitalizes on its strategic location, diverse economy, and vast infrastructure to fuel an extraordinary flow of goods and services. If Texas was a country, it would be ranked as the eighth- largest economy in the world, ahead of both Canada and Russia.

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steel and aluminum

New Presidential Proclamations – Section 232 Duties on Certain Steel and Aluminum Products from Mexico

Paul Fudacz August 12, 2024

On July 10, 2024, the President issued two Presidential Proclamations related to the imposition of Section 232 duties on certain steel and aluminum products from Mexico. The first establishes a “melt and pour” requirement for imports of steel articles that are products of Mexico and will increase the section 232 duty rate for imports of steel articles and derivative steel articles that are products of Mexico that are melted and poured in a country other than Mexico, Canada, or the United States.

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CTPAT security review

Navigating the Hurdles: Challenges of Conducting an Annual CTPAT Security Review

Judy Davis August 9, 2024

The Customs-Trade Partnership Against Terrorism (CTPAT) program can offer a fast thoroughfare for international trade. But navigating the annual security audits that ensure CTPAT compliance can feel like a maze. Don’t worry, we’ve got you covered! Let’s explore some common hurdles faced during CTPAT security audits, along with practical tips to simplify the process.

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judicial deference

Judicial Deference in Customs Litigation

Mike Smiszek August 9, 2024

One of the most anticipated decisions of the Supreme Court’s recent term was Loper Bright Enterprises v. Raimondo. While the specific underlying dispute in Loper Bright isn’t relevant to the trade community—did fishermen have to pay for government-mandated observers on their vessels?—the Court used this case to overturn the broadly applicable judicial deference test established in 1984 in Chevron U.S.A. Inc., v. Natural Resources Defense Council.

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CTPAT

Level-Up Your CTPAT Portal

Judy Davis June 14, 2024

The CTPAT portal has been a work in progress for a number of years with the latest portal update (3.0) launched at the end of 2023. Let’s take a few minutes to explore a few strategies for best outcomes while avoiding common challenges and the SCSS response request for “more information”.

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tarriffs and trade sign

Tariffs and Trade

Robert Stein June 12, 2024

Those who cannot remember the past are condemned to repeat it.” – George Santayana. As an example of this I present to you the Smoot-Hawley Tariff Act of 1930. If you are not familiar with this, it is worth taking a moment to research.

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sanctions violations

New Legislation Extends Statute of Limitations for Sanctions Violations

Adrienne Braumiller June 10, 2024

Recently, President Biden signed a foreign military support bill (H.R. 815) into law, which also encompassed the 21st Century Peace Through Strength Act (the Act), a legislative proposal introduced in the House containing various U.S. sanctions-related measures. These sanctions measures extended the statute of limitations (“SOL”) from five to ten years for civil and criminal violations of sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”).

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BRICS

BRICS–A Focus on De-Dollarization and Global Expansion

Bob Brewer June 10, 2024

The new world order apparently has some merit as more than 30 nations have reportedly submitted applications to join the BRICS alliance wanting to reduce reliance on the US dollar. This wave of applications is a testament to the trust in the BRICS alliance as a viable option to a traditional economic structure. The BRICS alliance has broad shoulders and is representative of considerable economic growth.

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license exemptions

Australia and United Kingdom License Exemptions on the Way!

Bruce Leeds June 10, 2024

Canada has long enjoyed International Traffic in Arms Regulations (ITAR) license exemptions and minimal controls for items subject to the Export Administration Regulations (EAR). What about some of our other friends, such as Australia and United Kingdom? There are ITAR license exemptions for these countries in Parts 126.16 and 126.17 of the ITAR.

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Section 301 Exclusions

USTR Extends Certain Section 301 Exclusions for One Year – Is Your Exclusion Still Valid?

Brandon French June 10, 2024

The United States Trade Representative (USTR) recently released a list of Section 301 exclusions that would be extended through May 31, 2025. Within the Notice, the USTR explained that extending these exclusions will support efforts to shift sourcing out of China, or provide additional time where, despite efforts to source products from alternative sources, availability of the product outside of China remains limited.

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China’s FDI in Mexico

Overcoming Obstacles: Challenges Faced by China’s FDI in Mexico

Kerry Wang June 10, 2024

China’s foreign direct investment (FDI) in Mexico has seen substantial growth in recent years, reflecting a strategic alignment with global economic shifts and regional trade dynamics. This trend positions China as one of the fastest-growing sources of foreign investment in Mexico, with the majority of investments flowing into the manufacturing sector.

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Digital Assets Policy

Recent Developments in Digital Assets Policy

James Holbein June 10, 2024

Digital assets, including blockchain and cryptocurrency protocols and companies, have been in a defensive posture for much of 2022, 2023 and 2024. The collapse of crypto exchange FTX and numerous enforcement actions taken by the Securities Exchange Commission (SEC) and Commodities Futures Trading Commission (CFTC) have forced the sector to retrench and upgrade their abilities to meet the higher standards of securities laws.

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Foreign Direct Investment

Foreign Direct Investment Trends in 2024

Victoria Holmes June 10, 2024

Foreign Direct Investment (FDI) is a driving force behind global economic growth and development, acting as a lifeline of funding for nations around the world. Imagine a company from one corner of the globe setting up shop or acquiring a business in another – that’s FDI in action.

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China’s FDI in Mexico

机遇与挑战：中国企业赴墨西哥投资

Kerry Wang June 10, 2024

中国在墨西哥的外国直接投资 (FDI) 近年来显着增长，这反映了中国与全球经济格局转变和区域贸易动态的战略性协调。这一趋势使中国成为墨西哥增长最快的外国投资来源国之一，其中大部分投资流向制造业。

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Uyghur Forced Labor

Forced Labor Questionnaires: Another Helpful Hint

Adrienne Braumiller April 2, 2024

In February 2024, Customs and Border Protection (CBP) began taking a new approach to Uyghur Forced Labor Prevention Act (UFLPA) enforcement—questionnaires. Once again, the solar industry is among the first targets, vanguards among importers, hacking their way through new regulatory growth, hopefully exposing a clear way through for all who follow. Active enforcement mechanisms like questionnaires—and the Forced Labor Enforcement Task Force (FLETF) itself—are still evolving.

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Global Trade Network, international trade, BCG

BIS Updates Freight Forwarder Guidance And Best Practices

Adrienne Braumiller April 2, 2024

The Bureau of Industry and Security (BIS) has recently published a guidance document on its new website aimed at helping freight forwarders and exporters uphold compliance with U.S. export controls and regulatory requirements. The document emphasizes the significant role that freight forwarders play in securing the global supply chain and preventing the proliferation of illegal exports.

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