CBP Updates Regulations to Eliminate Consumptive Demand Exception to Prohibition on the Importation of Goods Made with Forced Labor

At the end of last year, World Trade Organization (WTO) members agreed that the 13th Ministerial Conference (MC13) of the WTO will take place in Abu Dhabi, the capital of the United Arab Emirates (UAE), in February 2024. There is no doubt that the WTO is facing headwinds and is in need of a vigorous push forward. The UAE’s success in transforming itself into a global trade and digital hub and a leader in services trade could serve to drive a successful outcome at MC13.

On December 21, 2022, the appeal arbitrators in the Colombia – Frozen Fries (DS591) World Trade Organization (WTO) dispute circulated their award (the “Award”). This was the second appeal conducted under Article 25 of the WTO’s Dispute Settlement Understanding (DSU) and the first appeal under the Multi-Party Interim Appeal Arbitration Arrangement (MPIA), a framework created by a group of WTO members to overcome the challenges posed by the non-operational Appellate Body.

The United Kingdom just issued a new statutory instrument, effective immediately, which extends the authority to designate persons and entities under the U.K. sanctions against Russia.

We are pleased to share a recording of Akin Gump’s webinar, “Protecting the Crown Jewels - New U.K. National Security Rules for Foreign Investment in a Post-COVID-19, Post-Brexit World.”

The clock is ticking down to the entry into force of the United States-Mexico-Canada Agreement (USMCA) on July 1, 2020.  Leading up to that date, businesses have a unique advocacy opportunity to influence the implementing regulations and associated processes, such as legislative changes to Mexico’s domestic laws. Additionally, the Office of the U.S. Trade Representative (USTR) and U.S. Customs and Border Protection (CBP), along with their Mexican and Canadian counterparts, have begun issuing guidance for the trade community seeking to obtain the benefits of the agreement. At this time, these guidance documents include a petition process for automakers to request alternative staging for the automotive rules of origin as well as general interim implementation instructions for USMCA entries. Still to come are regulations regarding the automotive labor value content requirements and Uniform Regulations regarding the customs provisions. Akin Gump and our partners at Dorantes Advisors in Mexico City have jointly developed brief summaries of these guidance documents and a timeline of key actions still to take place prior to entry into force. The materials are available here in both English and Spanish.

Last week, in a highly anticipated decision, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) concluded that Section 232 of the Trade Expansion Act of 1962 does not offend the non-delegation doctrine. To most observers, the ruling does not come as a surprise, but the story on Section 232 and the non-delegation doctrine is not yet over.