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'Inside ‘the CFIUS’: US National Security Review of Foreign Investments', John B. Bellinger III, Nicholas L. Townsend, Issue 1, pp. 1–8 |
infoJohn B. Bellinger III, Nicholas L. Townsend, 'Inside ‘the CFIUS’: US National Security Review of Foreign Investments' (2011) 6 Global Trade and Customs Journal, Issue 1, pp. 1–8 | | Foreign companies looking for good deals buying US businesses that were hit hard by the economic downturn need to be aware that transactions that implicate the US national security are subject to significant scrutiny by the Committee on Foreign Investment in the United States (CFIUS). Several recent foreign investments have failed because of national security concerns raised by this little-known US government committee. National security review by the CFIUS can be a frustrating process for international investors who are not well-prepared. Potential foreign investors should understand how the US national security review process works and how the Obama Administration’s trade policy and the highly politicized national security debate in the US could impact their transactions. This article provides international investors an informal guide to the CFIUS process to help them understand what is involved and benefit from lessons learned from past transactions. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011001 | 
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'A New Approach to Preferences: The Review of the European GSP Scheme', Reinhard Quick, Ulrike Schmülling, Issue 1, pp. 9–15 |
infoReinhard Quick, Ulrike Schmülling, 'A New Approach to Preferences: The Review of the European GSP Scheme' (2011) 6 Global Trade and Customs Journal, Issue 1, pp. 9–15 | | Unilateral trade preferences granted by industrialized countries are a common and widely used instrument to foster exports from developing countries, thereby stimulating economic growth and alleviating poverty. The European Union (EU)’s Generalized System of Preferences (GSP) is one of the most generous schemes worldwide, offering tariff preferences for about 6,200 tariff lines to 176 countries. The authors are of the view that the current EU’s GSP scheme contains some fundamental flaws, in particular with respect to the selection of beneficiary countries and the graduation mechanism. The ongoing reform of the EU’s scheme provides a unique opportunity for overhauling the system as such and targeting trade preferences to those countries that mostly need them. The European Parliament being a new player at the table when it comes to trade policy legislation will certainly shape the reform. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011002 |
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'Delivering Leadership in a Complex Environment: How Customs Agencies Can Succeed after the Crisis', Jim Canham, David Regan, Rob Coffey, Issue 1, pp. 17–23 |
infoJim Canham, David Regan, Rob Coffey, 'Delivering Leadership in a Complex Environment: How Customs Agencies Can Succeed after the Crisis' (2011) 6 Global Trade and Customs Journal, Issue 1, pp. 17–23 | | Customs agencies find themselves operating in a world in which they are more important than ever to the nations they serve but in which their role is being questioned and the challenges they face have shifted. The goals for customs remain the same: to facilitate trade, to protect national security, and to ensure accurate revenue collection, but the context in which they must deliver them is very different. These outcomes do not fall solely within the remit of the customs agency, nor do they even fit within the control of any single nation. To succeed in the future, customs agencies need to provide leadership in a complex, multiagency, multinational environment. This article examines the challenges agencies face and outlines the components of a new operating model that will enable them to meet these challenges and to drive national success. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011003 |
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'Deemed Liquidation: The Race to the Court House', Lawrence R. Walders, Issue 1, pp. 25–28 |
infoLawrence R. Walders, 'Deemed Liquidation: The Race to the Court House' (2011) 6 Global Trade and Customs Journal, Issue 1, pp. 25–28 | | Parties that contest determinations by the U.S. Commerce Department in antidumping and countervailing duty (AD/CVD) proceedings have thirty days to file a summons in the Court of International Trade (CIT) and another thirty days to file a complaint. Nevertheless, the lawsuit will be barred if entries of the subject merchandise are liquidated at the antidumping or countervailing duty rate determined by Commerce before the court issues an injunction against liquidation. The risk has been enhanced by Commerce’s policy of issuing liquidation instructions to Customs and Border Protection fifteen days after publication of the final results of administrative reviews instead of waiting until the time for seeking judicial review has expired. To avoid this risk, plaintiffs should file a summons, complaint, and motion for preliminary injunction immediately after the final results are published, and they should also seek the government’s agreement not to liquidate before the court issues an injunction. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011004 |
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'The Interpretive Technique of the WTO Appellate Body', Carla Junqueira, Issue 1, pp. 29–34 |
infoCarla Junqueira, 'The Interpretive Technique of the WTO Appellate Body' (2011) 6 Global Trade and Customs Journal, Issue 1, pp. 29–34 | | This article deals with the interpretive technique of the World Trade Organization’s (WTO’s) dispute settlement system’s Appellate Body (AB). It also discusses whether the interpretive method used by the AB is legitimate. To this end, the article defines the concept of legitimacy based on the elements that are of fundamental importance to WTO members—confidence among members and the expectation that the dispute settlement system brings predictability to the rules negotiated during the Uruguay Round. The article argues that the primacy given to the text of the agreements is one of the fundamental elements of stability and predictability sought by WTO members. Throughout the article, some practical recommendations for those presenting arguments to the Appellate Body. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011005 |
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'The Issuance of Preliminary Rulings before the Issuance of the Panel Report: A Development in the Management of Panel Proceedings?', Fernando Piérola, Issue 1, pp. 35–36 |
infoFernando Piérola, 'The Issuance of Preliminary Rulings before the Issuance of the Panel Report: A Development in the Management of Panel Proceedings?' (2011) 6 Global Trade and Customs Journal, Issue 1, pp. 35–36 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011006 |
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'Commentary: Should CBP Use Security Information for Commercial Enforcement?', Evelyn Suarez, Forbes Thompson, Issue 1, pp. 37–38 |
infoEvelyn Suarez, Forbes Thompson, 'Commentary: Should CBP Use Security Information for Commercial Enforcement?' (2011) 6 Global Trade and Customs Journal, Issue 1, pp. 37–38 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011007 |
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'NAFTA Penalties on the Rise?', Laura Fraedrich, Issue 1, pp. 39–41 |
infoLaura Fraedrich, 'NAFTA Penalties on the Rise?' (2011) 6 Global Trade and Customs Journal, Issue 1, pp. 39–41 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011008 |
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'Bob Kirke, Executive Director, Canadian Apparel Federation', Brian Staples, Issue 1, pp. 43–45 |
infoBrian Staples, 'Bob Kirke, Executive Director, Canadian Apparel Federation' (2011) 6 Global Trade and Customs Journal, Issue 1, pp. 43–45 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011009 |
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'EC and WTO Anti-dumping Law: A Handbook, by Wolfgang Müller, Nicholas Khan & Tibor Scharf. 2nd edn (Oxford: Oxford University Press, 2009)', Yves Melin, Issue 1, pp. 47–48 |
infoYves Melin, 'EC and WTO Anti-dumping Law: A Handbook, by Wolfgang Müller, Nicholas Khan & Tibor Scharf. 2nd edn (Oxford: Oxford University Press, 2009)' (2011) 6 Global Trade and Customs Journal, Issue 1, pp. 47–48 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011010 |
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ISSUE 2 | |
'Where the EU Anti-dumping System Continues to Fail on Issues Relating to Transparency and Predictability', Stuart Newman, Issue 2, pp. 49–61 |
infoStuart Newman, 'Where the EU Anti-dumping System Continues to Fail on Issues Relating to Transparency and Predictability' (2011) 6 Global Trade and Customs Journal, Issue 2, pp. 49–61 | | Since the beginning of 2008, when the Green Paper exercise launched at the end of 2006 by EU Trade Commissioner Peter Mandelson to review the EU’s trade defence instruments was withdrawn, the Commission has been very reluctant to discuss the idea of reform. However, recently the Commission has indicated that it might be willing to take a second look at selected areas that have faced criticism. In this article I examine some of the main areas where reform, from a perspective of importers and retailers, should be (and could be) achieved. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011011 |
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'Emerging Enforcement Target: Global Commerce – Logistics and Transport Sector Targeted by Increased U.S. Export Controls and Anti-corruption Enforcement Actions: How to Protect Your Company', Ashley W. Craig, Carrie A. Kroll, Issue 2, pp. 63–70 |
infoAshley W. Craig, Carrie A. Kroll, 'Emerging Enforcement Target: Global Commerce – Logistics and Transport Sector Targeted by Increased U.S. Export Controls and Anti-corruption Enforcement Actions: How to Protect Your Company' (2011) 6 Global Trade and Customs Journal, Issue 2, pp. 63–70 | | As a country that will import approximately 95% of all articles consumed in 2010, the sheer breadth of the U.S. importing/ exporting business means that companies of all sizes regularly interact with the complex world of integrated logistics services. The role of freight forwarders and carriers, the “agents” for the exporter, has become more central. At the same time, there has been a dramatic increase in the number and severity of U.S. export controls and anti-bribery enforcement actions against logistics providers at all levels of the supply chain. Dealing with this reality must be both strategic and tactical. These multiagency investigations clearly illustrate that logistics providers, like U.S. exporters, are expected to have effective up-to-date export compliance and anti-bribery compliance programs. Logistics providers have become a target and are seen as a last line of defense for the prevention of dangerous diversion of goods and threats to homeland security. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011012 |
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'United States Re-export Jurisdiction Clarified for Non-U.S. Products', Thomas M. deButts, Issue 2, pp. 71–74 |
infoThomas M. deButts, 'United States Re-export Jurisdiction Clarified for Non-U.S. Products' (2011) 6 Global Trade and Customs Journal, Issue 2, pp. 71–74 | | The U.S. Department of Commerce published a redacted advisory opinion clarifying the application of the U.S. Export Administration Regulations (EAR) to non-U.S.-made products incorporating other non-U.S. products with U.S.-origin content. The advisory opinion constitutes the first written guidance permitting non-U.S. manufacturers to disregard U.S.-origin content incorporated by others into non-U.S. products that are, in turn, incorporated into their product. As a result, non-U.S. manufacturers may more easily apply the de minimis exemption from U.S. re-export control under the U.S. EAR. This article outlines the de minimis exemption from U.S. extraterritorial re-export controls, explains the application of the recent clarification of the so-called second incorporation principle, and provides examples of the application of the principle to non-U.S. made products. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011013 |
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'The Ad Hoc Committee Annulment Decision in Malaysian Historical Salvors: The Meaning of ‘Investment’ Re-established?', Davide Rovetta, Ashley R. Riveira, Issue 2, pp. 75–81 |
infoDavide Rovetta, Ashley R. Riveira, 'The Ad Hoc Committee Annulment Decision in Malaysian Historical Salvors: The Meaning of ‘Investment’ Re-established?' (2011) 6 Global Trade and Customs Journal, Issue 2, pp. 75–81 | | Member States to the International Centre for Settlement of Investment Disputes (ICSID) Convention, as well as their companies and economic operators, are interested in guaranteeing meaningful protection for their investments. This is done by granting jurisdiction to ICSID arbitral tribunals to hear disputes between private persons and states party to the ICSID Convention in cases where a valid Bilateral Investment Treaty (BIT) is present. Because such tribunals’ jurisdiction is limited to investment disputes, the definition of ‘investment’ as embodied in Article 25 of the ICSID Convention and the relevant BIT is of paramount importance. In fact, the definition of investment will have a bearing on whether or not a given economic activity by a company or a private person can be protected via a so-called Investment Treaty Arbitration. In turn, this rather technical issue will have direct practical economic consequences for companies and investors. Unfortunately, both the meaning of investment and the manner in which the ICSID Convention and BITs have been interpreted have been addressed in contradictory manners by various ICSID tribunals, creating unpredictability and damaging the level playing field of investors’ protection. However, the ad hoc Committee’s Decision on the Application for Annulment in Malaysian Historical Salvors v. The Government of Malaysia (hereinafter ‘MHS Annulment Award’) appears to have re-established a proper meaning and method of interpreting the term investment, which, it is argued, should be followed by future tribunals. If this were to happen, companies and economic operators will be able to enjoy both predictability and full protection of their investments. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011014 |
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'Growing Foreign Investment and Regulatory/Policy Risks Facing High Technology Innovations', Lawrence A. Kogan, Issue 2, pp. 83–110 |
infoLawrence A. Kogan, 'Growing Foreign Investment and Regulatory/Policy Risks Facing High Technology Innovations' (2011) 6 Global Trade and Customs Journal, Issue 2, pp. 83–110 | | High technology innovators and investors operating in the life sciences, clean energy, and information and communication technology (ICT) sectors face complex economic and legal uncertainties compounded by regulatory and policy risks during the course of guiding an innovative concept from its research and development through product testing and commercialization stages that will be indicative and determinative of economic value assigned to said technology in a given domestic or foreign marketplace. This assessment of value is directly dependent on local jurisdictions maintaining established rules of law and related standards that recognize and robustly enforce exclusive intellectual property rights without disruptive or excessive limitations and/or restrictions. An increasing number of developing countries aspire to become twenty-first century knowledge economies by seeking to recharacterize international law in a manner that enables the conversion of high technology patents and trade secrets fromprivate to public goods. These countries have promoted the establishment of regimes to achieve this objective, principally compulsory licensing and interoperability frameworks that express or compel government procurement preferences for nonproprietary and/or royalty-free patented technologies emplaced within regional, national, and/or international technology standards. Beyond recourse to public international law remedies, companies and investors may also take private initiatives to mitigate the inherent regulatory and policy risks on company financial performance. Such initiatives include internal structural vigilance, wide external diligence, and carefully crafted communications with individuals and organizations, both public and private. This effort is predicated upon astute monitoring and analysis of relevant events in international and national fora discussing these issues. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011015 |
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'Comments on the U.S.-Cuban Embargo', Evan R. Berlack, Issue 2, pp. 111–115 |
infoEvan R. Berlack, 'Comments on the U.S.-Cuban Embargo' (2011) 6 Global Trade and Customs Journal, Issue 2, pp. 111–115 | | The U.S.-Cuban economic embargo has been maintained for more than 50 years, having been imposed in 1951 in the aftermath of the Bay of Pigs. It is, and has been during this period, the most comprehensive and stringent of all U.S. embargoes. Yet, Cuba has never posed a military let alone economic threat to the U.S. This paper will analyze the reasons why I believe the Cuban embargo is wholly anomalous and deserves to be terminated or at least substantially modified by this administration. I will first review the existing components of the embargo including those that the Obama Administration has slightly liberalized. I will then compare our embargo policy against that of Cuba with the absence of such a policy directed at Vietnam, a country that bears many characteristics similar to those we see in Cuba. Finally, I will draw some conclusions and make suggestions for the future course of U.S.-Cuban relations Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011016 |
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'Federal Circuit Keeps Commerce Honest', Laura Fraedrich, Issue 2, pp. 117–119 |
infoLaura Fraedrich, 'Federal Circuit Keeps Commerce Honest' (2011) 6 Global Trade and Customs Journal, Issue 2, pp. 117–119 | | Twenty years ago, from May 1990 through April 1991, Shinyei Corporation of America (hereinafter “Shinyei”) imported ball bearings into the United States that were subject to an antidumping duty order on ball bearings from Japan. The ball bearings had been manufactured by six different Japanese manufacturers and were subject to the second administrative review of the relevant antidumping duty order. The Department of Commerce, however, failed to apply the results of that administrative review to Shinyei’s imports, and Shinyei sued the Department of Commerce at the U.S. Court of International Trade (CIT) in 2000. This case note follows the path of the ensuing litigation, including three remands to the CIT by the U.S. Court of Appeals for the Federal Circuit (hereinafter “Federal Circuit”), which recently awarded attorney’s fees to Shinyei under the Equal Access to Justice Act. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011017 |
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ISSUE 3 | |
'A Layman’s Guide to Bringing Goods into the EU', Michael Lux, Issue 3, pp. 121–129 |
infoMichael Lux, 'A Layman’s Guide to Bringing Goods into the EU' (2011) 6 Global Trade and Customs Journal, Issue 3, pp. 121–129 | | This article describes the European Union (EU) rules on bringing goods into the EU, taking into account the new provisions on pre-arrival declarations that have become mandatory as of 1 January 2011. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011018 |
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'A Layman’s Guide to Bringing Goods Out of the EU', Michael Lux, Issue 3, pp. 131–142 |
infoMichael Lux, 'A Layman’s Guide to Bringing Goods Out of the EU' (2011) 6 Global Trade and Customs Journal, Issue 3, pp. 131–142 | | This article describes the EU rules on bringing goods out of the EU, taking into account the new provisions on pre-eparture or pre-loading declarations, some of which have become mandatory on 1 July 2009 and the others, on 1 January 2011. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011019 |
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'Some Thoughts about European Communities and Its Member States: Tariff Treatment of Certain Information Technology Products', Davide Rovetta, Issue 3, pp. 143–148 |
infoDavide Rovetta, 'Some Thoughts about European Communities and Its Member States: Tariff Treatment of Certain Information Technology Products' (2011) 6 Global Trade and Customs Journal, Issue 3, pp. 143–148 | | The recent report of the Panel in the so-called Information Technology Agreement (ITA) case raises interesting interpretative issues with regard to the relationship between Article II of the GATT 1994 and tariff classification laws. Instead of creating predictability in the development of WTO case law, it creates more legal issues than it resolves. Of course while such delicate and borderline interpretative issues make lawyers very happy, perhaps policy makers and traders should be less happy. The fact that Article II GATT claims related to the schedules of concessions mix up WTO law with tariff classification laws renders such kinds of disputes extremely complex. The ITA Panel tried to find a simple solution to such difficulties, but it is argued that, by doing so, it nullified treaty language. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011020 |
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'The Panel Report on Tariff Treatment of Certain Information Technology Products: Classification Is the Key to Effective Implementation', John Grayston, Issue 3, pp. 149–155 |
infoJohn Grayston, 'The Panel Report on Tariff Treatment of Certain Information Technology Products: Classification Is the Key to Effective Implementation' (2011) 6 Global Trade and Customs Journal, Issue 3, pp. 149–155 | | The Report of the Panel in Tariff Treatment of Certain Information Technology Products confirms the wide scope of concession granted under the ITA in relation to set-top boxes with a communication function. The EU now needs to bring its provisions on classification in line with these commitments. The Report leaves open the question of when an ITA set-top box will be so altered by the development of hitherto ancillary functions that it no longer falls within the scope of the concession. This article sets out some views on the correct classification of set-top boxes with a communication function (STBCs) and with an HDD and explains why the contested CNEN should have been considered as incompatible with EU classification rules. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011021 |
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'Transparency in EU Antidumping Investigations: The European Ombudsman Perspective', Maurizio Gambardella, Issue 3, pp. 157–163 |
infoMaurizio Gambardella, 'Transparency in EU Antidumping Investigations: The European Ombudsman Perspective' (2011) 6 Global Trade and Customs Journal, Issue 3, pp. 157–163 | | A recent case presented an opportunity for the European Ombudsman to enhance transparency by allowing access to the confidential file in an antidumping investigation. The Ombudsman's decision is the first ruling under Regulation 1049/2001 regarding public access to European Parliament, Council, and Commission documents insofar as the antidumping investigation is concerned. In its decision, the Ombudsman found no maladministration by the European Commission in refusing the access. The Ombudsman's decision, however, is not without fault. The Ombudsman has afforded too much deference to the Commission and has thereby eroded the integrity of the decision-making process and it has failed to faithfully implement the policy embodied in transparency regulations. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011022 |
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'Mexican Developments in the Review of Foreign Trade Transactions', Carlos Martinez, Francisco Ceballos, Luis Mendoza, Issue 3, pp. 165–171 |
infoCarlos Martinez, Francisco Ceballos, Luis Mendoza, 'Mexican Developments in the Review of Foreign Trade Transactions' (2011) 6 Global Trade and Customs Journal, Issue 3, pp. 165–171 | | This article discusses the development of the framework and procedures followed by the Mexican authorities in the verification of origin of products under free trade agreements (FTAs) signed by Mexico but mostly under the North American Free Trade Agreement (NAFTA), which is the FTA that given the value of the commercial exchange between the United States and Mexico is most commonly tested by Mexican courts. Furthermore, this article tries to view in some perspective the action of the Mexican authorities and the reaction of the Mexican Federal Tax Court to a very critical legal issue: the reception of international trade law in the Mexican formal legal system. The conclusion is that the verification is still unconcluded process. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011023 |
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'Assessing the Importance of the Definitions of ‘Product under Consideration’ and ‘Like Product’ in Antidumping Investigations', Marco Tulio Molina Tejeda, Issue 3, pp. 173–187 |
infoMarco Tulio Molina Tejeda, 'Assessing the Importance of the Definitions of ‘Product under Consideration’ and ‘Like Product’ in Antidumping Investigations' (2011) 6 Global Trade and Customs Journal, Issue 3, pp. 173–187 | | The administration of the antidumping law requires the identification of the 'like product' in each case. Article 2.1 of the Antidumping Agreement provides that a product 'is to be considered as being dumped, that is, introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country' (emphasis added). The product that is compared to the 'like product' is known as the 'product under consideration' or the 'subject product'. The definitions of 'product under consideration' and 'like product' determine, among other elements, the individuals or companies that may be affected by the investigation, from whom and which information may be gathered, and to whom and to which products the imposition of an antidumping duty may be directed. An assessment of the importance of these definitions in antidumping investigations illustrates their significance in determining the scope of antidumping cases and, in turn, their value and effectiveness. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011024 |
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'The Anatomy of an Antidumping Order', Laura Fraedrich, Issue 3, pp. 189–191 |
infoLaura Fraedrich, 'The Anatomy of an Antidumping Order' (2011) 6 Global Trade and Customs Journal, Issue 3, pp. 189–191 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011025 |
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ISSUE 4 | |
'Can Customs Rules Solve Difficulties Created by Public International Law?: Thoughts on the ECJ’s Judgment in the Brita Case (C-386/08)', Nellie Munin, Issue 4, pp. 193–207 |
infoNellie Munin, 'Can Customs Rules Solve Difficulties Created by Public International Law?: Thoughts on the ECJ’s Judgment in the Brita Case (C-386/08)' (2011) 6 Global Trade and Customs Journal, Issue 4, pp. 193–207 | | The Brita case decided by the European Court of Justice (ECJ) in early 2010 refers to the application of rules of origin in the EC-Israel and EC-PLO Association Agreements to territories occupied by Israel in 1967 and held by it since. The decision of the ECJ, based on the general principles of public international law, reflects the European Union's (EU's) policy toward the region but does not contribute to the enhancement of international trade in these areas. This article suggests that alternative, trade-oriented legal approaches to this dispute, based on the interpretation of the relevant Association Agreements according to the principles of the Vienna Convention on the Law of Treaties (VCLT) 1969 and on the General Agreement on Tariffs and Trade (GATT), might have better served the trade interests of all the parties involved, in the short term, thus facilitating the enhancement of the peace process in the region in the medium to long term. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011026 |
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'Export Compliance Challenges: The Role of Corporate Culture and Management of Costs', John R. Liebman, Issue 4, pp. 209–214 |
infoJohn R. Liebman, 'Export Compliance Challenges: The Role of Corporate Culture and Management of Costs' (2011) 6 Global Trade and Customs Journal, Issue 4, pp. 209–214 | | How can we understand why one company is successful at regulatory compliance where others are not? This article goes beyond canned export compliance programs to examine "cultural" factors that may play an important role in this challenging arena. While there may be no single reason for one company's success and another company's failure, the writer's observations-based on more than 40 years of experience-suggest that there is an organizational ambience that is crucial and factors that play important roles in achieving that ambience. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011027 |
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'Does the Panel Report in EC-IT Products Imply that Article X:2 of the GATT 1994 Prohibits the Retroactive Application of Interpretative Customs Guidance?', Lode Van Den Hende, Issue 4, pp. 215–216 |
infoLode Van Den Hende, 'Does the Panel Report in EC-IT Products Imply that Article X:2 of the GATT 1994 Prohibits the Retroactive Application of Interpretative Customs Guidance?' (2011) 6 Global Trade and Customs Journal, Issue 4, pp. 215–216 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011028 |
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'Trust Me, It Is for Your Own Good!', Fernando Piérola, Issue 4, pp. 217–218 |
infoFernando Piérola, 'Trust Me, It Is for Your Own Good!' (2011) 6 Global Trade and Customs Journal, Issue 4, pp. 217–218 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011029 |
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ISSUE 5 | |
'Section 337 by the Numbers: Trends in IP Enforcement at the US International Trade Commission', Michael McManus, Issue 5, pp. 219–221 |
infoMichael McManus, 'Section 337 by the Numbers: Trends in IP Enforcement at the US International Trade Commission' (2011) 6 Global Trade and Customs Journal, Issue 5, pp. 219–221 | | Many intellectual property mega cases concerning allegedly infringing goods imported into the United States end up in front of the United States International Trade Commission. Past investigations include billion dollar tech cases between global powerhouses like Nokia, Qualcomm, RIM, Samsung, LG, Sharp, HP, and many others. Despite the economic significance of these cases, there is a relative dearth of statistical analysis of recent trends. This article seeks to supply such information by an analysis of every section 337 complaint filed in the calendar year 2009 (the most recent year for which most investigations have been resolved). Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011030 |
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'Free Zone Incentives in MERCOSUR Countries and WTO Law', Gabriel Gari, Issue 5, pp. 223–244 |
infoGabriel Gari, 'Free Zone Incentives in MERCOSUR Countries and WTO Law' (2011) 6 Global Trade and Customs Journal, Issue 5, pp. 223–244 | | This article examines the consistency of the incentives offered by free zone regimes in Argentina, Brazil, Paraguay, and Uruguay with World Trade Organization (WTO) law. It suggests that some of the incentives offered to free zone users are inconsistent with the Agreement on Subsidies and Countervailing Measures (ASCM) because they constitute a 'subsidy' within the meaning of the ASCM, subject de iure or de facto to export performance, most notably, exemptions of direct taxes, exemptions of custom duties on the import of capital goods, exemptions of payment of social welfare charges, unqualified exemptions on payment of indirect taxes, and the possibility to supply goods or services to free zone users at promotional rates. By contrast, this article suggests that there are no significant inconsistencies between free zone incentives and the General Agreement on Trade in Services (GATS) but warns that the situation could change in the future if, as a result of multilateral negotiations, MERCOSUR countries opt for extending their GATS commitments to new sectors and modes of supply. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011031 |
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'The Effectiveness of Anti-Dumping in Trinidad and Tobago', Beverly Mahabir-Charles, Issue 5, pp. 245–248 |
infoBeverly Mahabir-Charles, 'The Effectiveness of Anti-Dumping in Trinidad and Tobago' (2011) 6 Global Trade and Customs Journal, Issue 5, pp. 245–248 | | The effectiveness of anti-dumping as a trade remedy in Trinidad and Tobago is examined from the perspectives of interested parties, including the producer, the importer, the foreign exporter, the consumer, and the Fair Trading Unit. The law could be more effective if specific challenges were addressed, namely issues related to the collection of evidence to formulate a complaint (especially normal value and export price); the proper completion of questionnaires; the lack of financial resources, technical expertise, public awareness, and cooperation by relevant parties; and the constraints under which the Fair Trading Unit operates. The Fair Trading Unit must take the recommendations of the interested parties into consideration and ensure that proposals are developed and incorporated into the Act and Regulations, including proposals such as realistic timeframes; accessibility to documents; financial assistance; the simplification of questionnaires, consultations prior to investigation; increase public awareness; the development of technical expertise; the establishment of linkages; and the revisiting of the Act and Regulations. Only then would the anti-dumping regime be regarded as an effective trade remedy in Trinidad and Tobago. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011032 |
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'Jennifer McCadney, Former Trade Counsel, US House of Representatives Committee on Ways & Means', Dj Wolff, Issue 5, pp. 249–252 |
infoDj Wolff, 'Jennifer McCadney, Former Trade Counsel, US House of Representatives Committee on Ways & Means' (2011) 6 Global Trade and Customs Journal, Issue 5, pp. 249–252 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011033 |
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ISSUE 6 | |
'Trade and the Oceans: A New Paradigm for Environmental Protection and Conservation', Peter Allgeier, Courtney Sakai, Issue 6, pp. 253–260 |
infoPeter Allgeier, Courtney Sakai, 'Trade and the Oceans: A New Paradigm for Environmental Protection and Conservation' (2011) 6 Global Trade and Customs Journal, Issue 6, pp. 253–260 | | Increasing attention is being given to the nexus between international trade rules and environment/resource issues, especially how trade agreements and rules affect the global commons. To date, trade agreements largely have been confined to fostering environmental cooperation and promoting compliance with existing domestic environmental laws and regulations. The impact of such agreements, many argue, has been minimal in terms of having a tangible effect on the environment. However, current negotiations in the World Trade Organization (WTO) and the Trans Pacific Partnership (TPP) offer the possibility of incorporating concrete environmental commitments within a traditional commercial trade agreement. Fisheries subsidies, seafood fraud, and other illegal fishing activities are mainstream issues for trade negotiations, not a radical effort to insert extraneous non-trade issues into trade negotiations. A review of the trade disciplines and measures in the tool boxes of trade negotiators provides numerous examples of how to do this, using the fisheries sector as an example. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011034 |
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'Self-Flagellation: U.S. Antidumping and the National Export Initiative', Daniel Ikenson, Issue 6, pp. 261–302 |
infoDaniel Ikenson, 'Self-Flagellation: U.S. Antidumping and the National Export Initiative' (2011) 6 Global Trade and Customs Journal, Issue 6, pp. 261–302 | | Four out of every five U.S. antidumping measures restrict imports of raw materials and other industrial inputs consumed by downstream U.S. producers in their own production processes. Yet the statute forbids the administering authorities from considering the impact of prospective antidumping restrictions on the well-being of those downstream, consuming industries or on the economy at large. But such restrictions invariably raise the costs of production for those downstream firms, weakening their capacity to compete with foreign producers in the United States and abroad. The National Export Initiative should include a serious commitment to antidumping reform. At a minimum, that reform should include provisions to ensure that consuming industries be given legal standing to participate fully and meaningfully in antidumping proceedings; that antidumping measures be rejected if the projected costs of those restriction on those firms and on the broader economy exceed some reasonable threshold; and, that any duties applied not exceed the level found necessary to remedy injury to the petitioning domestic industry. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011035 |
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'A Survey of the EU Trade Defence Case Law in Year 2010', Davide Rovetta, Jeffry H. Senduk, Issue 6, pp. 303–312 |
infoDavide Rovetta, Jeffry H. Senduk, 'A Survey of the EU Trade Defence Case Law in Year 2010' (2011) 6 Global Trade and Customs Journal, Issue 6, pp. 303–312 | | Judicial protection is a cornerstone of European Union (EU) law. However, the limited review applied by EU Courts to trade defence instruments (TDIs) historically tends to grant a wide amount of deference to the Community Institutions administering such TDIs. Because of this limited review the Court proceedings in TDI matters tend to be less important and decisive than in other areas of EU law. In our 2009 survey we saw signs of improvement in the situation with the EU Courts timidly widening the judicial protection granted to individuals. These signs of improvement however, seem to have disappeared in 2010 as not a single applicant was able to successfully challenge TDI matters before the courts during the year. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011036 |
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'What Is a ‘Public Body’ for the Purpose of Determining a Subsidy after the Appellate Body Ruling in US – AD/CVD?', Tegan Brink, Issue 6, pp. 313–315 |
infoTegan Brink, 'What Is a ‘Public Body’ for the Purpose of Determining a Subsidy after the Appellate Body Ruling in US – AD/CVD?' (2011) 6 Global Trade and Customs Journal, Issue 6, pp. 313–315 | | The Appellate Body Report in US - AD/VCD set a new standard for defining a 'public body' whose financial contribution may constitute a subsidy under Article 1.1 of the SCM Agreement. It reversed the Panel's interpretation that a public body is 'any entity controlled by the government' and found instead that a 'public body' is an 'entity that possesses, exercises or is vested with governmental authority'. While the new standard introduces some uncertainty into the revelant test, it is not clear that it has substantively narrowed the conduct subject to the disciplines of the SCM Agreement over all. Investigating authorities may need to expand the scope of their inquiries. The entrustment and direction of private bodies under Article 1.1(a)(1)(iv) also remains an avenue through which the financial contributions of governments can be assessed. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011037 |
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'Authorized Economic Operator in Norway and Switzerland', Carsten Weerth, Issue 6, pp. 317–318 |
infoCarsten Weerth, 'Authorized Economic Operator in Norway and Switzerland' (2011) 6 Global Trade and Customs Journal, Issue 6, pp. 317–318 | | The Authorized Economic Operator (AEO) status has been introduced in Norway and Switzerland in 2009. This article shows the acceptance and developments in these countries. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011038 |
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ISSUE 7/8 | |
'A Survey of the EU Tariff Classification Case Law in Year 2010', Patricio Díaz Gavier, Davide Rovetta, Issue 7/8, pp. 319–324 |
infoPatricio Díaz Gavier, Davide Rovetta, 'A Survey of the EU Tariff Classification Case Law in Year 2010' (2011) 6 Global Trade and Customs Journal, Issue 7/8, pp. 319–324 | | This survey provides an overview of the judgments of the Court of Justice of the European Union in tariff classification matters in the year 2010. The jurisprudence of the Court of Justice provides valuable guidance for all actors involved in EU tariff classification. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011039 |
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'The Review of the WTO Dispute Settlement Process', Marco Tulio Molina Tejeda, Fernando Piérola, Issue 7/8, pp. 325–338 |
infoMarco Tulio Molina Tejeda, Fernando Piérola, 'The Review of the WTO Dispute Settlement Process' (2011) 6 Global Trade and Customs Journal, Issue 7/8, pp. 325–338 | | The first request for consultations under the dispute settlement mechanism of the World Trade Organization (WTO) was filed ten days after its establishment in 1995. Thus far, more than 423 cases have been initiated under this mechanism. In addition, since 1997, Members have been engaged in a review of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), identifying areas in which the system has problems or may be improved. However, there have been difficulties in agreeing on the nature and the extent of these reforms. In the meantime, panels and the Appellate Body have resolved many of the issues under discussion in the DSU review on an ad hoc basis. There is an element of pragmatism on this approach. However, sometimes the solutions vary from case to case, adding an element of uncertainty to the handling of procedural matters in the WTO dispute settlement mechanism. Certainly, the DSU review process is an opportunity to provide consistency on these issues and is key for the enhancement of the WTO system in general. Currently, it is at risk of being left behind if the Doha Round does not move forward. This paper identifies the areas in which the dispute settlement system is being reviewed. It also identifies other areas in which no proposals have been put forward in spite of the existence of non-codified practice on those issues. Finally, the paper also identifies areas where, if not clarified or improved, would render, in the view of the authors, the DSU review negotiations meaningless. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011040 |
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'Customs Audits, Verifications and Voluntary Disclosures in Canada', Daniel L. Kiselbach, Dalton J. Albrecht, Issue 7/8, pp. 339–342 |
infoDaniel L. Kiselbach, Dalton J. Albrecht, 'Customs Audits, Verifications and Voluntary Disclosures in Canada' (2011) 6 Global Trade and Customs Journal, Issue 7/8, pp. 339–342 | | The process of handling a customs or trade audit or verification can be an extraordinarily difficult experience for the uninitiated. Many customs managers who successfully complete a customs audit or verification in Canada have: (1) a good understanding of current regulatory requirements; (2) systems and processes for tracking information and documents; (3) an ability to provide timely and accurate responses; and (4) reviewed potential audit or verification compliance issues with a customs advisor prior to responding to an auditor or verification officer. Customs managers may conduct self-reviews in order to prepare for an audit. Non-compliance discovered in the course of a self-review may, in some circumstances, be disclosed to government officials in order to avoid penalties. The Canada Border Services Agency (CBSA), the Canada Revenue Agency (CRA) and Foreign Affairs and International Trade Canada have voluntary disclosure programmes. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011041 |
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'Trade Remedies: China and the WTO Dispute Settlement Resolution', Yanning Yu, Issue 7/8, pp. 343–350 |
infoYanning Yu, 'Trade Remedies: China and the WTO Dispute Settlement Resolution' (2011) 6 Global Trade and Customs Journal, Issue 7/8, pp. 343–350 | | This article discusses and analyses an interesting phenomenon about China's journey in the World Trade Organization (WTO) dispute settlement mechanism since its accession to the WTO in 2001: an increasing number of the WTO disputes China is involved in are trade remedy cases. Section 2 of this article provides a general overview of all trade remedy disputes at the WTO in which China participated as complainant, respondent, or a third party. Based upon these facts and statistics, a detailed analysis of the disputes is offered from various perspectives in sections 3 and 4. This article begins by examining why China has been involved in these trade remedy disputes in the WTO by discussing China's political and economic situation at both the domestic and international levels. It then analyses China's main concerns over trade remedy disputes as well as some of the legal issues and challenges embedded in these disputes. This article further discusses the issue of China's role shift in these disputes by identifying China's external relationships with its major trading partners. This article concludes with some observations and implications for the future of China's WTO disputes. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011042 |
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'Investment Regulation and Intellectual Property', Katarzyna Jozwik, Issue 7/8, pp. 351–359 |
infoKatarzyna Jozwik, 'Investment Regulation and Intellectual Property' (2011) 6 Global Trade and Customs Journal, Issue 7/8, pp. 351–359 | | This article discusses a consideration of the impact of investment agreements on rights and obligations of developing countries under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) regime, including general remarks about extension of investment standards to the intellectual property (IP) of covered investment. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011043 |
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'Development and Innovation: The Role of State Enterprises', Marcia Carla Pereira Ribeiro, Eduardo Oliveira Agustinho, Issue 7/8, pp. 361–375 |
infoMarcia Carla Pereira Ribeiro, Eduardo Oliveira Agustinho, 'Development and Innovation: The Role of State Enterprises' (2011) 6 Global Trade and Customs Journal, Issue 7/8, pp. 361–375 | | While society is changing at speeds never seen before, some questions arise about the impact that new technology causes and will cause in the lives of citizens. Unfortunately, not all innovation leads to development, and not all development is of a global nature. In this context, the law presents interesting alternatives. The state can play an important role in regional economic development through state enterprises. State enterprises ally with private and public investment, which assures that the interest of the collective prevails. However, the performance of state enterprises is very limited by the Agreement on Subsidies and Countervailing Measures (hereinafter 'SCM Agreement'). To a certain extent, the restrictions therein contradict the sole aim of the agreement, which clearly expresses the importance of subsidies in economic development. This paper analyzes the legal system of state enterprises within Brazil and their recent successes, as a basis to rethink the limitations imposed by the SCM Agreement. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011044 |
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'Authorized Economic Operator (AEO) in the World', Carsten Weerth, Issue 7/8, pp. 377–380 |
infoCarsten Weerth, 'Authorized Economic Operator (AEO) in the World' (2011) 6 Global Trade and Customs Journal, Issue 7/8, pp. 377–380 | | The Authorized Economic Operator (AEO) status has been introduced by the World Customs Organization (WCO) and its Framework of Standards to Secure and Facilitate Global Trade (SAFE) in order to combat terrorism in trade. This article shows the distribution of the AEO programmes in the world. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011045 |
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'Nasim Deylami', Dj Wolff, Issue 7/8, pp. 381–384 |
infoDj Wolff, 'Nasim Deylami' (2011) 6 Global Trade and Customs Journal, Issue 7/8, pp. 381–384 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011046 |
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'Final Nail in the Zeroing Coffin?', Laura Fraedrich, Issue 7/8, pp. 385–387 |
infoLaura Fraedrich, 'Final Nail in the Zeroing Coffin?' (2011) 6 Global Trade and Customs Journal, Issue 7/8, pp. 385–387 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011047 |
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ISSUE 9 | |
'So Many Feathers on the Scale: Whether and How to Voluntarily Disclose Violations of U.S. Export Controls and Economic Sanctions Laws', Richard L. Matheny III, Issue 9, pp. 389–395 |
infoRichard L. Matheny III, 'So Many Feathers on the Scale: Whether and How to Voluntarily Disclose Violations of U.S. Export Controls and Economic Sanctions Laws' (2011) 6 Global Trade and Customs Journal, Issue 9, pp. 389–395 | | The export control and economic sanctions laws are a minefield for U.S. companies that export products and engage in other forms of cross-border transactions. Mistakes are common, even for diligent, well-intentioned exporters. The company suspecting it has exported an item or technology outside of compliance with these complex laws must consider whether to disclose the violation to the relevant federal agency. Although usually not required by law, a voluntary disclosure can be advisable for many reasons, including avoidance or mitigation of penalties. But two things are true about the vast majority of violations: Most do not remotely threaten the national security of the United States and most are unlikely to be independently discovered by the enforcing agency. The would-be discloser is justified in wondering what is the merit-for the company and for the national security-in making a disclosure. In addition, where the company does decide to disclose, it confronts a host a questions, including what should be disclosed, how, to whom, and when to make the disclosure. This article considers these questions in the context of the three primary U.S. export-control and economic sanctions laws: the International Traffic in Arms Regulations (ITAR), administered by the State Department's Directorate of Defense Trade Controls (DDTC); the Export Administration Regulations (EAR), administered by the Commerce Department's Bureau of Industry and Security (BIS); and the economic sanctions regulations administered by the Treasury Department's Office of Foreign Assets Control (OFAC). Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011048 |
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'Case Note on Panel Report in US-Boeing', Jan Bohanes, Issue 9, pp. 397–417 |
infoJan Bohanes, 'Case Note on Panel Report in US-Boeing' (2011) 6 Global Trade and Customs Journal, Issue 9, pp. 397–417 | | The World Trade Organization (WTO) panel report in the US - Boeing dispute is currently under appeal, and the Appellate Body's decision is expected for late 2011 or early 2012. This dispute concerns the complaint by the European Union against alleged subsidization practices of the United States in favour of the Boeing company. Earlier this year, in the EC - Airbus dispute, the Appellate had upheld parts of a panel report that found that the European Union's subsidies to Airbus had caused serious prejudice to the United States. In US - Boeing, the panel found the reverse - namely, that the United States had caused serious prejudice to the European Union through various subsidies granted to Boeing, including certain tax measures as well as research and development contracts of certain US government agencies such as NASA and Department of Defense. This case note summarizes the panel report. It also provides brief reflections on these findings, both on aspects that have not been appealed as well as those currently before the Appellate Body. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011049 |
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'Lack of Transparency in the EU Anti-Dumping System: There is Only One True Solution', Stuart Newman, Issue 9, pp. 419–425 |
infoStuart Newman, 'Lack of Transparency in the EU Anti-Dumping System: There is Only One True Solution' (2011) 6 Global Trade and Customs Journal, Issue 9, pp. 419–425 | | Quis custodiet ipsos custodes? It is a question that has been asked since the time of Plato and is still resonant today: Who will guard the guards themselves? Unfortunately, Plato's answer, They will guard themselves against themselves, is, at least with respect to the guardians of the European anti-dumping system (the EU Commission), rather a wishful thinking. This article calls for the Commission to stop making exaggerated claims about improved transparency (through such initiatives as an improved website) and instead implement a system that provides true transparency. It looks, briefly, at the examination process itself, shows how the over-zealous use of confidentiality restricts access to relevant data and to independent verification of conclusions reached by the Commission, and offers a solution to this problem. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011050 |
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'Am I My Broker’s Keeper? And Other ITAR Brokering Questions Inspired by the BAE Case', John Pisa-Relli, Issue 9, pp. 427–432 |
infoJohn Pisa-Relli, 'Am I My Broker’s Keeper? And Other ITAR Brokering Questions Inspired by the BAE Case' (2011) 6 Global Trade and Customs Journal, Issue 9, pp. 427–432 | | The U.S. State Department has regulated international defense trade brokering activities involving the United States since 1997. The brokering rules are widely viewed as inscrutable and elastic, even to the most seasoned practitioners. And though the State Department has long promised much needed regulatory clarification, little has been forthcoming. Meanwhile, in May 2011, the State Department entered into a consent agreement with global defense giant, BAE Systems plc, to settle alleged brokering violations. The settlement, which is record breaking both in terms of penalties and the volume of misconduct alleged, has sent shock waves throughout the defense industry. But while the settlement documents raise numerous interpretive questions about the brokering rules, they provide scant, if any, meaningful guidance. This article examines the BAE case and its implications for parties subject to the U.S. defense brokering rules. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011051 |
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'Kunio Mikuriya, PhD, Secretary General, World Customs Organization', John Brew, Issue 9, pp. 433–438 |
infoJohn Brew, 'Kunio Mikuriya, PhD, Secretary General, World Customs Organization' (2011) 6 Global Trade and Customs Journal, Issue 9, pp. 433–438 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011052 |
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'CJEU Judgment in BSkyB and Pace Cases on Customs Classification of Set-Top Boxes', Sara Nordin, Issue 9, pp. 439–442 |
infoSara Nordin, 'CJEU Judgment in BSkyB and Pace Cases on Customs Classification of Set-Top Boxes' (2011) 6 Global Trade and Customs Journal, Issue 9, pp. 439–442 | | On 14 April 2011, the Court of Justice of the EU issued its judgment in the two joined cases British Sky Broadcasting Group plc (C-288/09) and Pace plc (C-289/09) v. The Commissioners for Her Majesty's Revenue & Customs. This judgment is important as it coincides with the EU's ongoing implementation of the WTO Panel Reports in the Information Technology Agreement (ITA) dispute and involves questions about correct EU customs classification of certain set-top boxes - along with related issues under the EU's customs rules - and whether the EU is bound to provide duty-free treatment under ITA principles even if EU customs law did not specifically provide for this at the time the duties were imposed. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011053 |
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'Foreign Corrupt Practices Act Conviction of Lindsey Manufacturing May Embolden U.S. Authorities, But Should It?', Laura Fraedrich, Joanna Ritcey-Donohue, Jamie Schafer, Issue 9, pp. 443–450 |
infoLaura Fraedrich, Joanna Ritcey-Donohue, Jamie Schafer, 'Foreign Corrupt Practices Act Conviction of Lindsey Manufacturing May Embolden U.S. Authorities, But Should It?' (2011) 6 Global Trade and Customs Journal, Issue 9, pp. 443–450 | | On May 10, 2011, a jury verdict in the U.S. District Court for the Central District of California made California-based Lindsey Manufacturing Company the first company ever to be criminally convicted of violating the U.S. Foreign Corrupt Practices Act (FCPA).1 In a press statement, the Assistant Attorney General Lanny Breuer of the U.S. Department of Justice's (DOJ's) Criminal Division stated that ''Lindsey Manufacturing is the first company to be tried and convicted on FCPA violations, but it will not be the last.'' Understanding what led to the first ever criminal conviction of a corporation in the history of a law that is over thirty years old may add to attorneys' understanding of the current and evolving risks their clients face under the FCPA and how best to mitigate those risks. Neither has there been any recent change to U.S. law nor have U.S. authorities announced any official changes to enforcement policy. However, enforcement of anti-bribery laws in the United States, as well as in other jurisdictions, has become more aggressive and widespread. Increasingly aggressive enforcement also has intensified doubts about the value to corporations of cooperation with the U.S. and other enforcement authorities during FCPA investigations. This evolution of the enforcement landscape seems likely to have contributed to the Lindsey decision to defend against anti-bribery charges, and the conviction may in turn shift companies' calculation as to the benefits of cooperation. Companies worldwide have been watching the Lindsey trial closely and now await the sentence, as a gauge of what outcome may await other companies that choose to fight the U.S. Government in an FCPA case. However, the Lindsey conviction may not necessarily spur greater cooperation with enforcement authorities if current aggressive enforcement trends continue and the benefits of cooperation are sufficiently dubious. Regardless of the final outcome in Lindsey, now more than ever, clients should appreciate the value and importance of implementing an effective FCPA compliance program, as U.S. authorities have now amply demonstrated that they are willing and able to criminally prosecute uncooperative companies under the FCPA. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011054 |
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'Rapid Response by the Respondent: The Key to Successfully Defending a Section 337 Case at the U.S. International Trade Commission', Michael G. McManus, Rodney R. Sweetland III, Issue 9, pp. 451–455 |
infoMichael G. McManus, Rodney R. Sweetland III, 'Rapid Response by the Respondent: The Key to Successfully Defending a Section 337 Case at the U.S. International Trade Commission' (2011) 6 Global Trade and Customs Journal, Issue 9, pp. 451–455 | | This article examines successful defense against a proceeding at the U.S. International Trade Commission (''ITC'') under section 337 of the Tariff Act. The principal recommended strategy is decisiveness: a speedy reaction at the inception of the proceeding facilitates a determination on the merits, rather than one resulting from the advantages possessed by a prepared complainant. In examining a successful defense the article provides an overview of section 337 proceedings suitable for a sophisticated consumer of legal services who is otherwise unfamiliar with ITC litigation. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011055 |
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'New Countries Are Applying the Harmonized System Nomenclature – Update 2011 (as of 21 June 2011)', Carsten Weerth, Issue 9, pp. 457–458 |
infoCarsten Weerth, 'New Countries Are Applying the Harmonized System Nomenclature – Update 2011 (as of 21 June 2011)' (2011) 6 Global Trade and Customs Journal, Issue 9, pp. 457–458 | | More and more countries and economic regions are applying the Harmonized Commodity Description and Coding System (Harmonized System Convention). This article examines in the update 2011 the new countries that are using the worldwide uniform language of trade since 2007 and 2008 and that are going to apply the tariff scheme from 2009, 2010, and 2011 onwards. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011056 |
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ISSUE 10 | |
'Transmitting Private Sector Technical Data into the Public Domain under the ITAR', Matthew A. Goldstein, Issue 10, pp. 459–467 |
infoMatthew A. Goldstein, 'Transmitting Private Sector Technical Data into the Public Domain under the ITAR' (2011) 6 Global Trade and Customs Journal, Issue 10, pp. 459–467 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011057 |
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'An August Rule: Observations about Evolving ITAR Nationality Requirements', John Pisa-Relli, Issue 10, pp. 469–473 |
infoJohn Pisa-Relli, 'An August Rule: Observations about Evolving ITAR Nationality Requirements' (2011) 6 Global Trade and Customs Journal, Issue 10, pp. 469–473 | | In mid-August 2011, U.S. export controls over foreign access to U.S. defense technology underwent a major change, with the emphasis shifting from a singular focus on a foreign individual's nationality to a largely subjective approach focused on the risk of diversion that takes into account whether a foreign person has a security clearance or otherwise has been screened for substantive contacts with prohibited countries. This article, though written immediately before the changes became legally effective, discusses the new access requirements, which at the time of publication remain largely untested by practical experience, making the questions posed timely and relevant. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011058 |
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'Troubles along the U.S.-Canada Border', Greg Rushford, Issue 10, pp. 475–480 |
infoGreg Rushford, 'Troubles along the U.S.-Canada Border' (2011) 6 Global Trade and Customs Journal, Issue 10, pp. 475–480 | | With more than USD 1 billion in goods crossing the U.S.-Canadian border every day, no wonder no wonder that President Barack Obama and Canadian Prime Minister Stephen Harper boast their close ties. Yet behind the scenes, there are awkward tensions over mutual accusations of protectionism-and also disturbing border-security issues stemming from rampant smuggling of illicit tobacco, narcotics, guns, and human beings. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011059 |
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'China and the WTO Dispute Settlement System: From Passive Observer to Active Participant?', Kristie Thomas, Issue 10, pp. 481–490 |
infoKristie Thomas, 'China and the WTO Dispute Settlement System: From Passive Observer to Active Participant?' (2011) 6 Global Trade and Customs Journal, Issue 10, pp. 481–490 | | Keywords:
WTO, dispute settlement, international trade disputes, China Since China's accession to the World Trade Organization (WTO) in December 2001, it has participated in a relatively small number of cases brought to the WTO Dispute Settlement Body (DSB), contrary to the many wild predictions made prior to entry. In the first few years post-accession, China seemed content to act as a passive observer, participating mainly as a third party. However, since 2006, there appears to have been a shift in attitude with China now taking a more combative stance, particularly in the past few years. This article will examine China's participation in the WTO DSB from 2002 to date to explore whether China's approach really has shifted from that of passive observer to that of an active participant, possible reasons to explain this transformation and what the implications of such a shift may be for other WTO Contracting Parties. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011060 |
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'Marcilio Toscano Franca Filho, Lucas Lixinski, María Belén Olmos Giupponi The Law of MERCOSUR (Oxford: Hart Publishing, 2010), 491.', Cristián Delpiano Lira, Issue 10, pp. 491–493 |
infoCristián Delpiano Lira, 'Marcilio Toscano Franca Filho, Lucas Lixinski, María Belén Olmos Giupponi The Law of MERCOSUR (Oxford: Hart Publishing, 2010), 491.' (2011) 6 Global Trade and Customs Journal, Issue 10, pp. 491–493 | | Copyright © 2011 Kluwer Law International
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ID: GTCJ2011061 |
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'Three Years of Authorized Economic Operator (AEO) in the EU', Carsten Weerth, Issue 10, pp. 495–499 |
infoCarsten Weerth, 'Three Years of Authorized Economic Operator (AEO) in the EU' (2011) 6 Global Trade and Customs Journal, Issue 10, pp. 495–499 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011062 |
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ISSUE 11/12 | |
'Canadian Transfer Pricing: Optimizing Canadian Expansion with a Unified Approach to Tax and Customs Transfer Pricing', Claire M.C. Kennedy, Darrel H. Pearson, Issue 11/12, pp. 501–503 |
infoClaire M.C. Kennedy, Darrel H. Pearson, 'Canadian Transfer Pricing: Optimizing Canadian Expansion with a Unified Approach to Tax and Customs Transfer Pricing' (2011) 6 Global Trade and Customs Journal, Issue 11/12, pp. 501–503 | | Canada is seen as an increasingly attractive destination for foreign investment, given the relative strength of the Canadian economy and recent tax and trade initiatives of the Canadian government. As Canadian market opportunities present themselves, transfer pricing should be at the forefront of planning for a Canadian expansion. This article presents a short primer on business expansion in Canada and describes a proactive, unified approach to tax and customs transfer pricing to minimize income tax, customs duties, and value added taxes and protect cross-border arrangements from encroachment by revenue authorities. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011063 |
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'The Customs Union of Russia, Belarus, Kazakhstan, and the European Union: Selected Cross Border Issues', Martine Chin-Oldenziel, Anatoly Nesterov, Issue 11/12, pp. 505–511 |
infoMartine Chin-Oldenziel, Anatoly Nesterov, 'The Customs Union of Russia, Belarus, Kazakhstan, and the European Union: Selected Cross Border Issues' (2011) 6 Global Trade and Customs Journal, Issue 11/12, pp. 505–511 | | This is a review of issues and problems, including cross-border disputes, arising during customs examination and sampling in the Russian Federation and the European Union. The Customs Union of the Russian Federation, Republic of Kazakhstan, and the Republic of Belarus was formed in accordance with the Agreement of 6 October 2007. This article provides some concrete examples of cross-border disputes in comparison to similar problems that have arisen in the EU, particularly in the Netherlands. Based on this review, we will conclude with some suggestions to improve the handling of cross-border disputes arising from customs examinations and sampling. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011064 |
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'The U.S. Biologics Price Competition and Innovation Act of 2009 Triggers Public Debates, Regulatory/Policy Risks, and International Trade Concerns', Lawrence A. Kogan, Issue 11/12, pp. 513–538 |
infoLawrence A. Kogan, 'The U.S. Biologics Price Competition and Innovation Act of 2009 Triggers Public Debates, Regulatory/Policy Risks, and International Trade Concerns' (2011) 6 Global Trade and Customs Journal, Issue 11/12, pp. 513–538 | | On March 23, 2010, President Obama signed into law the Biologics Price Competition and Innovation Act of 2009 ('BPCIA') to create an abbreviated approval pathway for generic 'biological products' that are demonstrated to be highly similar (i.e., biosimilar) to or interchangeable with an FDA-licensed reference biological product. The BPCIA is intended to reap cost savings for patients by creating a means for the production, use and sale of follow-on biologic therapeutics in the United States. The BPCIA's intellectual property provisions are modeled in part, after the Drug Price Competition and Patent Term Restoration Act of 1984 (i.e., the 'Hatch-Waxman' Act) pursuant to which generic versions of branded drugs, namely, chemically synthesized small-molecule products, have been approved by permitting appropriate reliance on what is already known about a drug, thereby saving time and resources and avoiding unnecessary duplication of human or animal testing. Like the Hatch-Waxman Act, the BPCIA provides for the establishment of a form of proprietary rights that are distinct from patent rights, sometimes termed 'data exclusivity' or 'data protection', that consist of a period of time during which the USFDA affords an approved drug protection from competing applications for marketing approval and restricts generic competitors' ability to reference the data generated by the manufacturers of brand-name drugs. Important technical differences, nevertheless, exist between traditional pharmaceuticals and biologic drugs that significantly drive up research and development, regulatory market authorization and product marketing costs. To recoup these greater expenditures, the BPCIA has provided correspondingly longer periods of marketing/data exclusivities to original biologic drugs - generally twelve years instead of five years under Hatch-Waxman - to protect clinical testing data and other proprietary and confidential (trade secret) information generated by an original brand-name drug developer to obtain a biologic license. The BPCIA's longer twelve-year exclusivity period, however, has continued to generate considerable post-enactment debate among healthcare activists, academicians, brand name and generic pharmaceutical manufacturers, and U.S. congressional representatives, which compromises U.S. bilateral and regional trade relations, and potentially impairs the competitiveness of the U.S. biopharmaceutical industry and the economic value of such companies' IP assets. Until recently, public opposition to the BPCIA's twelve-year exclusivity period and patent provisions had frustrated Obama administration efforts to both secure congressional ratification of the previously signed and modified bilateral Korea-U.S. Free Trade Agreement and to successfully advance a favorable U.S. negotiating position that guarantees strong patent and marketing/data exclusivity protections at recent Trans-Pacific Partnership Agreement negotiating sessions. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011065 |
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'Corruption and the Customs Environment: A Dual Approach of Mitigating Corruption Induced Revenue Risks in Customs Administrations', Chiza Charles Newton Chiumya, Issue 11/12, pp. 539–543 |
infoChiza Charles Newton Chiumya, 'Corruption and the Customs Environment: A Dual Approach of Mitigating Corruption Induced Revenue Risks in Customs Administrations' (2011) 6 Global Trade and Customs Journal, Issue 11/12, pp. 539–543 | | This article reviews and analyses the dual sides of corruption in Customs Administrations: that of Customs, on one hand, and its environment, on the other. Thus, efforts to mitigate corruption in Customs need to cover both sides through measures that effectively and adequately address this duality. Such measures would be highly effective if the society as a whole is deliberately targeted with an anti-corruption solution that seeks to build a good tax culture, encourages transparency and accountability in both the public and private sectors, addresses societal norms and values that often perversely act to legitimize corruption, and encourages good organizational and political leadership cultures. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011066 |
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'Article Index', Issue 11/12, pp. 545–548 |
info'Article Index' (2011) 6 Global Trade and Customs Journal, Issue 11/12, pp. 545–548 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2011067 |
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