Negotiating Supply Chain Agreements Under the New U.S.-China Trade Sanctions
Conducting Due Diligence, Certifying Regions of Origin, Limiting Financial Risks and Delivery Delays
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will examine how counsel negotiating current supply chain agreements should address the restrictions imposed by the recent U.S.-China sanctions. The panel will discuss how the recently signed bill restricts imports from China's Xinjiang region affecting companies from apparel vendors to solar panel makers, new requirements imposed on defense contractors related to China, and the newest rules expanding existing end-use controls and license requirements for certain exports to China.
- Supply chain agreements with Chinese companies
- Uyghur Forced Labor Prevention Act
- Overcoming presumption
- Due diligence challenges
- National Defense Authorization Act
- Bureau of Industry and Security Unverified List and End-Use Controls
- EAR license exceptions
- Documentation for continued trade
- Other end-user risks (Entity List/Military End Use Rule)
- Best practices
The panel will address these and other key issues:
- What is considered clear and convincing evidence that a product was not produced with forced labor under the Uyghur Forced Labor Prevention Act?
- What is required in the disclosure requirement under Section 855 of the National Defense Authorization Act?
- What must a U.S. exporter do to contract with a company on the UVL?
- What are some potential pitfalls to avoid when supplying goods to China?
T. Augustine Lo
Dorsey & Whitney
Mr. Lo practices in the firm’s National Security Law Practice Group. He advises clients on U.S. customs and... | Read More
Mr. Lo practices in the firm’s National Security Law Practice Group. He advises clients on U.S. customs and international trade law, economic sanctions, export controls, and U.S. government review of foreign investments. With experience in state and federal court litigation in New York and Seattle, Mr. Lo protects clients’ interests in government enforcement actions and international trade proceedings. He has obtained successful outcomes for clients in customs enforcement matters involving U.S. Customs and Border Protection and tariff relief in Section 301 proceedings before the Office of the U.S. Trade Representative. He advises clients on U.S. trade remedies under Section 232, antidumping duties, countervailing duties, and safeguard duties. He counsels clients on tariff preferences under free trade agreements, including the U.S.-Mexico-Canada Agreement. Mr. Lo advises clients on national security requirements for cross-border transactions, including U.S. export controls under ITAR and the EAR, and economic sanctions programs administered by the Office of Foreign Assets Control. He helps clients successfully resolve matters through voluntary self-disclosures and license applications.Close
Eunkyung Kim Shin
Baker & McKenzie
Ms. Shin regularly advises multinational companies on complex international trade, regulatory compliance, and customs... | Read More
Ms. Shin regularly advises multinational companies on complex international trade, regulatory compliance, and customs and import law related matters. She also counsels on cross-border compliance and commercial issues. Ms. Shin advises clients on various regulatory compliance and trade issues, concentrating on the U.S. export controls such as the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), economic and trade sanctions, U.S. customs and import laws, the US Foreign Corrupt Practices Act (FCPA), and foreign anti-bribery laws. Additionally, she advises clients in internal and external audits of compliance with U.S. and non-U.S. export controls, economic and trade sanctions, and customs and import laws, structuring compliance programs, and obtaining authorization from the U.S. Government for activities subject to the EAR, the ITAR, and US economic and trade sanctions programs. Ms. Shin also advises clients on M&A export control, economic and trade sanctions, customs and import law, anti-corruption, and anti-boycott due diligence reviews of target companies in Europe, Latin America, and Asia, in collaboration with the firm's M&A attorneys in multiple jurisdictions. Her assistance extends to voluntary disclosure filings to, and enforcement actions brought by, the US government in relation to the EAR, the ITAR, economic and trade sanctions, antiboycott rules and regulations, and US customs and import laws. She frequently writes and speaks on these areas.Close
Jenner & Block
Ms. Signorelli-Cassady is a member of both the firm’s Investigations, Compliance and Defense Practice and its... | Read More
Ms. Signorelli-Cassady is a member of both the firm’s Investigations, Compliance and Defense Practice and its Government Controversies and Public Policy Litigation Practice. She has experience conducting corporate investigations, representing criminal defendants both at the trial level and post-conviction, and representing clients in complex cases at all stages of litigation, including at trial. In addition, Ms. Signorelli-Cassady has drafted numerous amicus curiae briefs filed with the U.S. Supreme Court and federal appellate courts, most regarding criminal law issues. She has published on a variety of topics, including co-authoring a chapter in The Practitioner’s Guide to Global Investigations published by Global Investigations Review.Close