WTO Trade Agreement enters into force

On February 22, 2017, the first multi-lateral trade agreement in the history of the World Trade Organization (WTO) was entered into force.  The 110 nation ratification threshold for triggering the Trade Facilitation Agreement ("Agreement") was reached with the ratification and submission of instruments of acceptance by Rwanda, Oman, Chad and Jordan.

While this is an important milestone, the hard work of implementation is just beginning.  Developed countries have in principle agreed to implement the Agreement immediately, while developing countries have a longer timetable to implement the provisions of the Agreement. 

The following members have accepted the TFA: Hong Kong, Singapore, the United States, Mauritius, Malaysia, Japan, Australia, Botswana, Trinidad and Tobago, the Republic of Korea, Nicaragua, Niger, Belize, Switzerland, Chinese Taipei, China, Liechtenstein, Lao PDR, New Zealand, Togo, Thailand, the European Union, the former Yugoslav Republic of Macedonia, Pakistan,  Panama,  Guyana, Cote d'Ivoire, Grenada, Saint Lucia, Kenya, Myanmar, Norway, Vietnam, Brunei Darussalam, Ukraine, Zambia, Lesotho, Georgia, Seychelles, Jamaica, Mali, Cambodia, Paraguay, Turkey, Brazil, Macao China, the United Arab Emirates, Samoa, India, the Russian Federation, Montenegro, Albania, Kazakhstan, Sri Lanka, St. Kitts and Nevis, Madagascar, the Republic of Moldova, El Salvador, Honduras, Mexico, Peru, Saudi Arabia, Afghanistan, Senegal, Uruguay, Bahrain, Bangladesh, the Philippines, Iceland, Chile, Swaziland, Dominica, Mongolia, Gabon, the Kyrgyz Republic, Canada, Ghana, Mozambique, Saint Vincent & the Grenadines, Nigeria, Nepal, Rwanda, Oman, Chad and Jordan.

Key Link(s):

• World Trade Organization
• WTO - Trade Facilitation

BIS adds Hong Kong documentation requirements for exports/re-exports

On January, 19, 2017 the Department of Commerce, Bureau of Industry and Security (BIS) published a final rule (82 FR 6216-6218) which will require, in certain cases, that documents be obtained prior to exporting to Hong Kong or re-exporting from Hong Kong (HK).  BIS issued this rule to provide more assurance that items subject to multilateral control regimes, that pass through HK, are appropriately authorized to their final destination. 

Export Administration Regulation (EAR) regulated items, controlled on the Commerce Control List (CCL) for national security (NS), missile technology (MT), nuclear non-proliferation (NP column 1), or chemical and biological weapons (CB) will now be required to obtain, prior to export or re-export, a copy of a Hong Kong import license.  If a license is not required the exporter or re-exporter will be required to obtain a statement from the Hong Kong government that a license is not required.

This rule will be effective on April 19, 2017.

Key Link(s):

• Commerce Control List
• Federal Register Notice: Support Document Requirements With Respect to Hong Kong
• Hong Kong's Trade and Industry Department
• The Australia Group
• The Missile Technology Control Regime
• The Nuclear Suppliers Group
• The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies
• 15 CFR 734.13 - 734.14 (Export and Re-Export) 
• 15 CFR 740 (License Exceptions)
• 15 CFR 748 (Application Classification Advisory and License)
• 15 CFR 762 (Recordkeeping)   

US Treasury, State, and Commerce - Monetary Penalty Increases Last Two Years

The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the "Act") required federal agencies to adjust their maximum allowable civil monetary penalties ("CMPs") annually.  The initial "catch-up" adjustments occurred in 2016; and now the first annual adjustments have been finalized by the US Department of Commerce's Bureau of Industry and Security ("BIS"), the US Treasury Department's Office of Foreign Assets Control ("OFAC"), and the US Department of State's Directorate of Defense Trade Control ("DDTC").  The chart below provides a reference for the original, 2016 "catch-up", and 2017 annual adjustment penalty amounts. 

Key Terms:

• IEEPA - International Emergency Economic Powers Act
• TWEA - Trading with the Enemy Act
• FNKDA - Foreign Narcotics Kingpin Designation Act
• AEDPA - Antiterrorism and Effective Death Penalty Act
• CDTA - Clean Diamond Trade Act
• AECA - Arms Export Control Act

Key Links:

• (81 FR 95432 - 95435) Department of Commerce Civil Monetary Penalty Adjustments for Inflation - Wednesday, December 28, 2016
• (81 FR 36454 - 36458) Department of Commerce Civil Monetary Penalty Adjustments for Inflation - Tuesday, June 7, 2016
• (81 FR 10434 - 10440) Department of the Treasury Inflation Adjustment of Civil Monetary Penalties - Friday, February 10, 2017
• (81 FR 43070 - 43077) Department of the Treasury Implementation of the Federal Civil Penalties Inflation Adjustment Act - Friday, July 1, 2016
• (81 FR 3168 - 3170) Department of State 2017 Civil Monetary Penalties Inflationary Adjustment - Wednesday, January 11, 2017
• DDTC Civil Penalty Inflation Adjustments

SEC Acting Chairman Issues Statement on Conflict Minerals Rule

An April 2014 D.C. Circuit Court of Appeals decision determined that portions of the U.S. Securities and Exchange Commission ("SEC" or "Commission") Conflict Minerals Rule (the "Rule") violated the First Amendment.  Because of that decision, the Commission issued a stay on the compliance date for portions of the Rule that were found to be unconstitutional.

Since the Appeals court decision, litigation in the case has continued and the temporary transition period found within the Rule has expired.  As of January 1, 2017, all applicable issuers fall outside the terms of the transition period.  

With that as background, on January 31, acting SEC Chairman Michael S. Piwowar issued a public statement on the Rule.  In his statement, acting Chairman Piwowar announced that he has asked his staff to consider the continued appropriateness of the 2014 Commission guidance and whether any additional relief from the Rule is warranted.  

In an additional statement Chairman Piwowar discusses the negative impact the Rule has had on legitimate mining operators and questions whether or not the rule has resulted in "any reduction in the power and control of armed gangs or eased the human suffering of many innocent men, women, and children in the Congo and surrounding areas."

Chairman Piwowar is asking for public comments, over the next 45 days, on the rule and on the 2014 guidance.  Click here to access the SEC comment page.  

Key Link(s):

• Statement of Acting Chairman Piwowar on the Commission's Conflict Minerals Rule
• Additional statement from Acting Chairman Piwowar
• Commission order issuing stay
• 2014 Statement on the Effect of Court of Appeals Decision on the Conflict Minerals Rule
• SEC Conflict Minerals FAQs page
• United States Court of Appeals for the District of Columbia Circuit decision in National Association of Manufacturers, et al. v. SEC, et al., No. 13-5252 (D.C. Cir. April 14, 2014)
• Submit Comments on Acting Chairman Piwowar's Public Statement

CBP delays effective date for TSCA Import Certification Process Revisions

The U.S. Customs and Border Protection (CBP) published a final rule (81 FR 8590), on January 27, 2017, delaying the effective date of the final rule published on December 27, 2016 (81 FR 94980-94986) which finalized revisions to the Toxic Substances Control Act (TSCA) certification process when importing bulk chemicals or when importing as part of mixtures and articles containing a chemical or mixture.

This final rule is effective January 25, 2017 and the effective date of the December final rule is now March 21, 2017.  The delay is in response to the January 20, 2017 Memorandum for the Heads of Executive Departments and Agencies from Reince Priebus, Assistant to the President and Chief of Staff.  Click here to see the memorandum. 

For more information on the specific changes finalized in the December rule, click here to read an earlier post by GCSG related to the August 29, 2016 proposed rule (81 FR 59157-59162).     

DEA delays effective date of final rule revising Import/Export Requirements

The Drug Enforcement Administration (DEA) published a final rule on January 30, 2017 (81 FR 8688-8689)  which delays the effective date of their December 30, 2016 final rule (81 FR 96992-97044) that amended export/import requirements for Tableting and Encapsulating machines, Controlled Substances, and Listed Chemicals as well as domestic transactions for Listed Chemicals and Tableting and Encapsulating Machines.  

The federal register notice states the temporary delay allows "Department of Justice officials an opportunity to review any potential questions of fact, law and policy raised by this regulation, consistent with the Chief of Staff's memorandum of January 20, 2017."  Click here for the January 20, 2017 Memorandum for the Heads of Executive Departments and Agencies from Reince Priebus, Assistant to the President and Chief of Staff. 

This final rule is effective January 30, 2017 and temporarily delays the December final rule until March 21, 2017.  In addition, the required compliance date has now been moved from June 28, 2017 until July 31, 2017.

For more information on the specific changes finalized in the December rule, click here to read the earlier post by GCSG related to the proposed rule (81 FR 63575-63631). 

TTB Streamlines Import requirements

The Alcohol and Tobacco Tax and Trade Bureau (TTB) published a final rule (81 FR 94186-94210), on December 22, 2016, that amends the import requirements for Distilled Spirits, Wine, Beer, Malt Beverages, Tobacco Products, Processed Tobacco, and Cigarette Papers and Tubes and facilitates the use of the International Trade Data System (ITDS). 

The amendments "clarify and streamline import procedures, and support the implementation of the International Trade Data System and the filing of import information electronically" and include "providing the option for importers to file import-related data electronically when filing entry or entry summary data electronically with U.S. Customs and Border Protection (CBP), as an alternative to current TTB requirements that importers submit paper documents to CBP upon importation."  

Some of the changes finalized with this rule include, but are not limited to, the following:

• Removes the requirement that importers of alcohol beverages file a copy of their FAA Act basic permit with CBP at the port of entry when importing these products into the U.S. from the U.S. Virgin Islands (27 CFR 26.202)
• Removes the requirements for distinctive liquor bottles to provide a photograph of the bottle to CBP upon entry (27 CFR 26.314 and 27.204)
• Removes the requirement for certain Gin Statements of Process (27 CFR 5.51(d))
• Adds a definition of natural wine that is applicable to all of parts 26 and 27
• Amends 27 CFR 27.48 and 26.200 requiring importers file with CBP and/or retain certain information identifying distilled spirits, wine, and beer imported or brought into the US from the US Virgin Islands subject to tax, as well as information identifying the importer and ultimate consignee of the products
• Removed the requirement that the importer of distilled spirits submit the certificate of effective tax rate or the standard effective tax rate approval applicable at entry or entry summary, and instead requires that the importer have the certificate in its possession at the time of filing the entry summary and make it available upon request
• Generally provided for the transfer of tax liability for bulk imports of natural wine from the Virgin islands, to the proprietor of the bonded wine cellar or bonded brewery receiving such bulk wine or beer
• Allows for electronic filing of the consignee permit number and other information for tax-free industrial alcohol shipments to the US from the US Virgin Islands
• Allows for electronic filing of the permit number of government agencies importing distilled spirits for non-beverage purposes free of tax, and for other information associated with such imports
• Removes the requirement to file a certificate with CBP at the time of entry summary for Distilled Spirits, Wine, or Beer brought into the US from the US Virgin Islands, and instead provides that a copy must be maintained as a record
• Removes the requirement for CBP to gauge or inspect shipments of alcohol before they are released
• Clarifies that the three year record retention requirements in parts 26 and 27 are measured from the time of release from customs custody, and require that such records be made available to TTB or CBP upon request

The rule became effective on December 31, 2016.

DEA publishes final rule revising Import/Export Requirements

On Friday, December 30, 2016 the Drug Enforcement Administration (DEA) published a Final Rule (81 FR 96992-97044) that updates their regulations for the import and export of tableting and encapsulating machines, controlled substances, and listed chemicals.  The rule also updates their regulations related to the required reports for domestic transactions of listed chemicals, gamma-hydroxybutyric acid, and tableting and encapsulating machines.

The rule becomes effective on January 30, 2017.  Compliance with the final rule is required by June 28, 2017.

For more information on the specific changes included in this final rule, click here to read the earlier post by GCSG related to the proposed rule.  

EPA Amends Export-Import regulations for Hazardous Wastes

On Monday, November 28, 2016 the Environmental Protection Agency (EPA) published a final rule (81 FR 85696) amending their Hazardous Waste Export-Import regulations.

The changes were made to make "existing export and import related requirements more consistent with the current import-export requirements for shipments between members of the Organization for Economic Cooperation and Development (OECD); enable electronic submittal to EPA of all export and import-related documents"; and "enable electronic validation of consent in the Automated Export System (AES) for export shipments subject to RCRA export consent requirements prior to exit."

The revisions will generally affect the following:

• Groups who export or import (or who arrange for the export or import) hazardous waste for recycling or disposal, including those subject to alternate management standards for:
  • Universal waste for recycling or disposal
  • Spent lead-acid batteries shipped for reclamation
  • Industrial ethyl alcohol shipped for reclamation 
  • Hazardous waste samples of more than 25 Kg shipped for waste characterization or treatability studies
  • Hazardous recyclable materials being shipped for precious metal recovery
• All recycling and disposal facilities who receive imports of hazardous wastes for recycling or disposal
• All persons who export (or arrange for the export) of conditionally excluded cathode ray tubes being shipped for recycling
• All persons who transport any export and import shipments described in the three bullets above

Some of the major regulatory provisions in the final rule include (list below is not exhaustive):

• Recognized traders must obtain an EPA ID number prior to arranging for export (40 CFR 262.12(d))
• Exporters must establish/amend contracts or equivalent arrangements to include the items listed in 40 CFR 262.83(f)
• Exporters must submit export notice or renotification with all required OECD items electronically into EPA's WIETS (40 CFR 262.83(b))
• Exporters must either file in AES for every shipment to validate consent and provide a manifest tracking number, or must ensure paper proof of consent accompanies the shipment and a paper manifest is given by the transporter to US CBP at the point of departure; after AES compliance date exporters must file in AES for every shipment (40 CFR 262.83(a)(6))
• Exporters must prepare and provide RCRA manifest for every shipment (40 CFR 262.83(c))
• Exporters must prepare and provide international movement document for every shipment (40 CFR 262.83(d))
• The last U.S. transporter must sign and date the manifest at the port for every shipment, keep a copy for their records and send back a copy to the generator (40 CFR 262.83 (a)(6)(i)(B)(2) and 263.20 (g)(4)(ii)
• Exporters must submit export annual report with all OECD items to EPA by March 1 detailing actual shipments made the previous calendar year (40 CFR 262.83(g))

Some of the electronic submittal requirements will not go into effect until a future electronic import-export reporting compliance date that will be announced in a separate Federal Register notice.

The rule becomes effective on December 31, 2016. 

Key Definitions:

• Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with Sec. 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.  
• Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.  
• Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.  

BIS Harmonization of Destination Control Statements

On August 17, 2016 the Department of Commerce, Bureau of Industry and Security (BIS) published a final rule (81 FR 54721-54732) that implements changes recommended in a May 22, 2015 proposed rule (80 FR 29551-29554).  The rule revises the destination control statement in Sect 758.6 of the Export Administration Regulations (EAR).  The rule harmonizes the EAR statement with the destination control statement required for the export of items subject to the International Traffic in Arms Regulations (ITAR). 

The revised destination control statement reads as follows:

"These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end user(s) herein identified.  They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations"

The rule is effective November 15, 2016.

Key Link(s):

• May 22, 2015, 15 CFR 758, EAR: Harmonization of the Destination Control Statements - Proposed Rule
• August 17, 2016, 15 CFR 758, EAR: Harmonization of the Destination Control Statements - Final Rule
• U.S. Department of Commerce, Bureau of Industry and Security

BIS Revises Guidance Regarding EAR Enforcement Cases

On Wednesday, June 22 the Department of Commerce, Bureau of Industry and Security (BIS) published (81 FR 40499-40511) updated guidance (found in Supplement No. 1 to part 766) regarding violations of the Export Administration Regulations (EAR). 

The guidance amends the EAR to make civil penalty decisions more transparent and aligns them with the Treasury Department's Office of Foreign Assets Control (OFAC). 

OFAC criminal penalties can reach 20 years imprisonment and $1 million per violation.  OFAC civil penalties use the transaction value as the starting point and can reach $250,000 or twice the value of the transaction, whichever is greater (Economic Sanctions Enforcement Guidelines). 

The updated guidance does not apply to alleged violations under part 760 of the EAR - Restrictive Trade Practices and Boycotts or to cases that are pending prior to July 22, 2016. 

The effective date of the final rule change is July 22, 2016. 

Key Link(s):

• Guidance on OFAC Enforcement Policy
• OFAC Enforcement Guidelines
• 15 CFR 766 - Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases

ACE will be sole CBP-authorized EDI system effective July 23, 2016

On May 23, 2016, the U.S. Customs and Border Protection (CBP) published a Federal Register notice (81 FR 32339-32340) announcing, effective July 23, 2016, that the Automated Commercial Environment (ACE) will be the sole CBP-authorized EDI system for electronic entry and entry summary filings (for all filers).

On the effective date the electronic filings listed immediately below must be formatted for submission in ACE, and will no longer be accepted in the Automated Commercial System (ACS). 

 01--Consumption--Free and Dutiable
 02--Consumption--Quota/Visa
 03--Consumption--Antidumping/Countervailing Duty
 06--Consumption--Foreign Trade Zone (FTZ)
 07--Consumption--Antidumping/Countervailing Duty and Quota/
Visa Combination
 11--Informal--Free and Dutiable
 12--Informal--Quota/Visa (other than textiles)
 21--Warehouse
 22--Re-Warehouse
 23--Temporary Importation Bond (TIB)
 31--Warehouse Withdrawal--Consumption
 32--Warehouse Withdrawal--Quota
 34--Warehouse Withdrawal--Antidumping/Countervailing Duty
 38--Warehouse Withdrawal--Antidumping/Countervailing Duty & 
Quota/Visa Combination
 51--Defense Contract Administration Service Region (DCASR)
 52--Government--Dutiable
 61--Immediate Transportation
 62--Transportation and Exportation
 63--Immediate Exportation
 69--Transit (Rail only)
 70--Multi-Transit (Rail only)

Until CBP publishes a future Federal Register notice, with a transition date, the 
following entry types must continue to be filed only in ACS. 

 08--NAFTA Duty Deferral
 09--Reconciliation Summary
 41--Direct Identification Manufacturing Drawback
 42--Direct Identification Unused Merchandise Drawback
 43--Rejected Merchandise Drawback
 44--Substitution Manufacturer Drawback
 45--Substitution Unused Merchandise Drawback
 46--Other Drawback

Filings for the below entry types will not be automated in ACS or ACE.

 04--Appraisement
 05--Vessel--Repair
 24--Trade Fair
 25--Permanent Exhibition
 26--Warehouse--Foreign Trade Zone (FTZ) (Admission)
 33--Aircraft and Vessel Supply (For Immediate Exportation)
 64--Barge Movement
 65--Permit to Proceed
 66--Baggage

Customer Due Diligence Requirements

On May 11, 2016 the Department of the Treasury, Financial Crimes Enforcement Network (FinCEN) published final rules (81 FR 29397-29458) under the Bank Secrecy Act to clarify customer due diligence requirements for Banks; brokers or dealers in securities; mutual funds; and futures commission merchants and introducing brokers in commodities. 

Unlike most other federal agencies where they've taken the approach to provide guidelines or inferred expectations around customer due diligence, these rules contain explicit customer due diligence requirements.

FinCEN makes the case that there are four core elements of customer due diligence (CDD):

• Customer identification and verification (already a requirement)

• Beneficial ownership identification and verification (required by the new final rule)

• Understanding the nature and purpose of customer relationships to develop a customer risk profile (implicitly required already and will now be explicitly required by the new final rule)

• Ongoing monitoring for reporting suspicious transactions and, on a risk-basis, maintaining and updating customer information (implicitly required already and will now be explicitly required by the new final rule)

These four core elements are also good basic guidelines for any global business, regardless of industry, with third party relationships.  Companies that fail to maintain an adequate level of oversight of their third parties risk conducting business with people and entities that do not share their same values for integrity.  This can lead to relationships that end with compliance failures that could damage the company's reputation and in some instances result in criminal/civil penalties.

A good third party due diligence program will include these basic elements:

• Written policy with Executive level support

• Third Party verification and screening against denied party/restricted party lists as well as for adverse media events

• Desktop procedures that include when, what and how a third party is to be on-boarded and for how an existing third party relationship is to be monitored (for changes in their risk profile)

• Red Flags awareness and a process for handling Red Flags as they arise

• Prioritization of third parties by level of risk and categorization by required levels of due diligence (low, moderate, high)

• Training    

Global Compliance Solution Group (GCSG) is well versed in assessing and implementing corporate third party due diligence programs.  If you have any questions or needs in this area please contact us directly at info@globalcompliancesg.com. 

The final rules become effective on July 11, 2016 and covered institutions must fully comply by May 11, 2018.

Key definitions:

• Third Party - means customers or intermediaries that conduct business on a company's behalf with persons outside of the company and encompasses those contracted in both sales and supply channels.

• Intermediaries - may include joint venture partners, consortium partners, agents, advisor (e.g. legal, tax, financial, consultant, lobbyist), supplier, vendor, service provider (e.g. communications, logistics, storage, brokers, forwarders, etc.) or distributor/reseller. 

Key link(s):

• Department of the Treasury

• FinCEN

• 81 FR 29397-29458

The 'Blue Guide' on the implementation of EU product rules 2016

On April 5, 2016 the European Commission posted an updated 'Blue Guide'.  The guides intended purpose is to enhance the understanding of EU product rules.  The 2016 version of the Blue Guide replaces the 2000 edition.  Key topics covered within the guide include:

• Regulating the free movement of goods
• When does union harmonization legislation on products apply?
• The actors in the product supply chain and their obligations
• Product requirements
• Conformity assessment
• Accreditation
• Market surveillance    

Key Link(s):

• Blue Guide 2016 EN

EU - The Union Customs Code came into force May 1, 2016

The major provisions of the European Union Customs Code (UCC) came into force on May 1, 2016.  For a complete list of changes to import, export, and storage procedures please see the following link: U.K. HM Revenue & Customs - The Union Customs Code Guidance

Key Link(s):

• European Commission - Union Customs Code

CBP Announces In-Transit Manifest Pilot Program (U.S. - Canada)

On April 27, 2016 the U.S. Customs and Border Protection (CBP) published (81 FR 24837-24839) a General Notice announcing their intentions to "conduct a National Customs Automation Program (NCAP) test relating to truck shipments of commercial goods that transit from a point of origination in Canada through the United States to a point of destination in Canada."  These shipments are domestic Canadian shipments that transit through the U.S. 

Instead of presenting the required paper manifest form (Customs Form 7512–B Canada 81⁄2), test participants will submit an in-transit manifest electronically.  In addition, the value data element requirement will be relaxed and they will not be required to provide the Harmonized Tariff Schedule (HTS) number. 

Authorised Economic Operator (AEO) Guidance Updated

On March 11, 2016 the European Commission published an update to the AEO Guidelines.  The AEO concept is one of the key security elements created within the Community Customs Code (Regulation (EC) 648/2005).  The guidelines were recently updated to account for the experience gained, ensure harmonized implementation of the AEO rules, and align the guidance with the Union Customs Code (Regulation (EU) 952/2013).  The Union Customs Code was adopted on October 9, 2013, entered into force on October 30, 2013, and will apply on May 1, 2016.    

AEO status can be granted by any Member State to an economic operator meeting certain criteria in the following areas: customs compliance, record-keeping, financial solvency and, where relevant, appropriate security and safety standards.

Key Links:

• AEO Guidelines
• European Commission - Authorised Economic Operator (AEO)
• European Commission - The Union Customs Code

Key Term(s):

Authorized Economic Operator - is defined by the WCO SAFE Framework of Standards as a party involved in the international movement of goods, in whatever function, that has been approved by, or on behalf of, a national Customs administration as complying with WCO or equivalent supply chain security standards. AEOs include inter alia manufacturers, importers, exporters, brokers, carriers, consolidators, intermediaries, ports, airports, terminal operators, integrated operators, warehouses and distributors.

EU Updates Restrictive Measures Concerning Iran, North Korea & Central African Republic

Council Implementing Regulation (EU) 2016/603 of 18 April 2016 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran

Council Decision (CFSP) 2016/609 of 18 April 2016 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

Council Regulation (EU) 2016/555 of 11 April 2016 amending Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic

Council Implementing Regulation (EU) 2016/556 of 11 April 2016 implementing Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran

Commission Implementing Regulation (EU) 2016/569 of 12 April 2016 amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People's Republic of Korea

Council Decision (CFSP) 2016/564 of 11 April 2016 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic

Council Decision (CFSP) 2016/565 of 11 April 2016 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran

Council Implementing Decision (CFSP) 2016/573 of 12 April 2016 implementing Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea
 

Treasury Publishes List of Countries Requiring Cooperation with a Boycott

On April 8, 2016, the Department of Treasury published (81 FR 20720) the current list of countries requiring cooperation with an international boycott.  Treasury identified the following countries as requiring or that may require participation in, or cooperation with, an international boycott (within the meaning of section 999(b)(3) of the Internal Revenue Code
of 1986):

• Iraq
• Kuwait
• Lebanon
• Libya
• Qatar
• Saudi Arabia
• Syria
• United Arab Emirates
• Yemen

ECHA Publishes Harmonised Classification and Labelling Excel Table

The European Chemicals Agency (ECHA) announced that they have prepared an excel file that contains updates to the harmonized classification and labelling of hazardous substances. 

The European Commission publishes updates to the harmonised classification and labelling of hazardous substances on an annual basis.