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 webinar will examine how counsel negotiating current supply chain agreements should address the restrictions imposed by the recent U.S.-China trade law restrictions. The panel will focus on how the U.S. government's forced labor import ban affects companies from apparel vendors to solar panel makers; the newest rules expanding U.S. export controls targeting China; and new limits on the use of goods and services from China for U.S. Government contracts.
- UFLPA and Forced Labor Import Ban
- Common pitfalls and challenges
- Due diligence and compliance measure best practices
- Semiconductor and supercomputer rules targeting China
- Identification of items subject to new rule
- EAR licensing strategies
- Documentation for continued trade
- Supply chain agreements with Chinese companies
- Key risk areas that should be proactively addressed
- Other end-user risks (Entity List/Military End Use Rule)
- New restrictions for sourcing goods and services from China for U.S. government contracts
- Timeline for implementation and context
The panel will address these and other key issues:
- What are the immediate due diligence steps and compliance measures that every company should consider in light of the UFLPA?
- What are key risk areas that should be proactively addressed when entering into a supply agreement with a Chinese party?
- How should companies manage U.S. export controls targeting the semiconductor and supercomputer sections in China, including potential licensing strategies?
- What are some other restrictions that are on the horizon, particularly for U.S. government contracts?
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