International Trade and Customs



Meet the Co-chairs - TAG-SP

Fisher, Jacob
Scopelitis, Garvin, Light, Hanson & Feary, P.C.

International Trade and Customs

Contact: Thomas B. Mcvey; Williams Mullen (North Carolina & Virginia, USA)

On October 15, 2013 the first major series of amendments under the Export Control Reform will go into effect.  Every exporter should be aware of these amendments and have a plan to prepare for these changes.

Background.  Under the Export Control Reform, the Obama Administration is revising portions of the International Traffic In Arms Regulations (“ITAR”) and the Export Administration Regulations (“EAR”) to streamline and rationalize the U.S. export laws.  As part of this process, the Directorate of Defense Trade Controls (“DDTC”) is transferring certain less sensitive items from the U.S. Munitions List (“USML”) to the newly created “Series 600” on the Commerce Control List (“CCL”) maintained by the Bureau of Industry and Security (“BIS”), and the agencies are adopting a number of additional changes to the ITAR and EAR.  The Administration has promulgated a series of proposed regulations over the past three years leading up to these amendments, including proposed revisions to the various Categories of the USML.  It is planned that these proposed changes will be finalized and go into effect on a rolling basis over the next twelve months commencing on October 15, 2013.

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Contact: Clarkslegal (Reading, England)


There are great opportunities for foreign entrepreneurs and companies to make use of the dynamic and open business climate existing in the UK, as well as a highly skilled workforce.  In addition a transparent tax regime, the familiarity of the English language and trusted legal and accounting systems makes the UK an appealing destination for many foreign companies.

Read more: A Quick Guide to Doing Business in the UK

Contact: Henry J. Chang; Blaney McMurtry LLP (Ontario, Canada)

On August 12, 2013, BlackBerry Limited (“Blackberry”), formerly known as Research in Motion Limited, announced that the company’s Board of Directors had formed a Special Committee to explore its potential sale. In the beginning of September 2013, the media reported that Blackberry had registered to meet with the Government of Canada in order to discuss the Investment Canada Act1 (the “ICA”).

Read more: Blackberry Expected to Lobby the Canadian Government for Changes to the Investment Canada Act

Contact: Susan Kohn Ross; Mitchell Silberg & Knupp LLP (Los Angeles, California, USA)

In Mitchell Silberg & Knupp's August 6, 2013 Alert, they mentioned the two proposals the Food and Drug Administration (FDA) issued on July 26, 2013 and further implement the Food Safety Modernization Act (FSMA), the first dealing with the Foreign Supplier Verification Programs (FSVP) and the second dealing with third-party auditors. Click to view the August 2013 FSVP Alert. In this edition, the firm addresses the FDA’s third-party auditor proposal, which is intended to regulate accreditation/certification bodies and third-party auditors. While the auditor proposal has less direct impact on food importers, it may nonetheless play a significant role in how companies evaluate their current and future business partners and also how they structure their future deals. Following a summary of the key provisions, questions that the FDA’s current proposal seems to overlook will be raised.

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Author: Susan Kohn Ross; Mitchell Silberberg & Knupp LLP (Los Angeles, California, USA)

There is a general understanding that the Fifth Amendment to the U.S. Constitution gives a person the right not to incriminate him- or herself, and that understanding comes, in large measure, from movies and television programs showing police officers reading suspects their Miranda rights. What gets lost in the drama of these shows is that that right is not absolute. It only attaches when one is a suspect and does not apply to corporations, only individuals.

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