On March 29, 2021, US Customs and Border Protection (CBP) will publish in the Federal Register a notice of finding that certain disposable gloves produced in Malaysia with the use of convict, forced or indentured labor are being, or are likely to be, imported into the United States [CBP Dec. 21-08]. This Finding applies to any merchandise described in Section II of the notice that is imported on or after March 29, 2021. It also applies to merchandise which has already been imported and has not been released from CBP custody before March 29, 2021. The Secretary of Homeland Security has reviewed and approved this Finding.

Pursuant to 19 U.S.C. 1307 and 19 CFR 12.42(f),CBP determined that disposable gloves classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 3926.20.1020, 4015.11.0150, 4015.19.0510, 4015.19.0550, 4015.19.1010, 4015.19.1050, and 4015.19.5000, which are mined, produced, or manufactured in whole or in part with the use of convict, forced, or indentured labor by Top Glove Corporation Bhd in Malaysia, are being, or are likely to be, imported into the United States. Based upon this determination, the port director may seize the covered merchandise for violation of 19 U.S.C. 1307 and commence forfeiture proceedings pursuant to 19 CFR part 162, subpart E, unless the importer establishes by satisfactory evidence that the merchandise was not produced in any part with the use of prohibited labor specified in this Finding.

The post United States: CBP issues forced labor finding on certain gloves appeared first on Global Compliance News.

Source

In brief

Please join us for a new weekly video series, hosted by Baker McKenzie’s North America Government Enforcement partners Tom Firestone and Jerome Tomas.

This weekly briefing is available on demand and will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need to start your business week.

As one of the largest global law firms, we will call upon our exceptionally deep and broad bench of white collar experts throughout the world and particularly in the commercial hubs of Europe, Asia, Africa and Latin America to join our weekly discussion series.

These briefings will cover:

  • High-profile DOJ case updates and implications
  • SEC enforcement developments
  • CFTC enforcement developments
  • Other white collar defense industry developments

30 March 2021

Video Link

15 March 2021

Video Link

8 March 2021

Video Link

1 March 2021

Video Link

22 February 2021

Video Link

15 February 2021

Video Link

8 February 2021

Video Link

1 February 2021

Video Link

18 January 2021

Video Link

4 January 2021

Video Link

14 December 2020

Video Link

07 December 2020

Video Link

23 November 2020

Video Link

16 November 2020

Video Link

9 November 2020

Video Link

26 October 2020

Video Link

19 October 2020

Video Link

5 October 2020

Video Link

29 September 2020

Video Link

8 September 2020

Video Link

24 August 2020

Video Link

17 August 2020

Video Link

10 August 2020

Video Link

3 August 2020

Video Link

27 July 2020

Video Link

20 July 2020

Video Link

13 July 2020

Video Link

6 July 2020

Video Link

29 June 2020

Video Link

22 June 2020

Video Link

17 June 2020

Video Link

9 June 2020

Video Link

26 May 2020

Video Link

The post United States: This Week in Government Enforcement appeared first on Global Compliance News.

Source

By Bimal Sheth, HITRUST Vice President of Assurance Services

Under HITRUST Approach 2.0, our organization continues to pursue enhancements to the tools, solutions, and services that risk managers and information security professionals rely on every day to meet ever-evolving requirements and complexities.

As part of this ongoing commitment, the HITRUST CSF Assurance Program is always looking for ways to add efficiency and certainty during all phases of the assessment process. One such enhancement is our upcoming HITRUST Reservation System for submitting HITRUST CSF Validated Assessments. This initiative is also referred to as “Reservation-Based Quality Assurance” (RBQA).

In the past, the QA process was performed in the order in which assessments were submitted. The new Reservation System creates a more orderly process, allowing assessed entities and HITRUST Authorized External Assessor Organizations to schedule their resources and respond to HITRUST’s QA feedback. In addition, a confirmed reservation means the QA process begins closer to the submission date, which eliminates scheduling questions and guesswork.

Key Reservation System Highlights Include:

  1. Starting on July 1, 2021, a reservation will be required to submit a HITRUST CSF Validated Assessment. It’s important to note that HITRUST CSF Bridge, Interim, and Readiness Assessments are not included, meaning RBQA is not available for these types of assessments.
  2. Scheduling reservations within the HITRUST MyCSF platform is easy and streamlined; however, the knowledgeable Support team is available to help if needed.
  3. Reservations are made in one-week increment QA Blocks that contain reservation slots, which are tied to specific assessments.
  4. Expedited Reservations are available if needed, giving the opportunity to schedule QA sooner than would otherwise be available. To purchase an Expedited Reservation, contact your Customer Success Manager.

The new Reservation System for HITRUST CSF Validated Assessments allows the HITRUST community of customers and assessor organizations to schedule a specific starting date to begin the QA process, which enables better submission planning, greater predictability, and added trackability.

Interested in getting additional information on the Reservation System? You can consult the detailed Advisory.

For instructions on how to create a HITRUST CSF Validated Assessment reservation, review the step-by-step procedures in the Process Walkthrough within MyCSF.

The post Reservation System for Submitting HITRUST CSF Validated Assessments appeared first on HITRUST Alliance.

Source

In brief

Shelter-in-place or stay-at-home orders have been prevalent throughout the United States since March 2020 as state and local governments have sought to protect their citizens from the spread of the COVID-19 virus while at the same time reopen their economies in accordance with phased reopening plans. Keeping abreast of the evolving nature of these orders and plans as the spread of the virus continues to evolve is critical to the functioning of all businesses throughout the country.


Baker McKenzie has a team in place that has been advising clients real-time on these most critical issues since the first orders were enacted. We are pleased to provide this Tracker, which identifies the relevant state-wide shelter-in-place orders and their related expiration dates, as well as the applicable state-wide reopening plans, in each of the 50 United States plus Washington, D.C. The “What’s Open” table on each page highlights the reopening status of four major sectors (office, manufacturing, retail and bars/restaurants).

In addition, the Tracker includes links to the relevant quarantine requirements or recommendations for incoming travelers in each state plus Washington, D.C.

Key developments reflected in this week’s update to the Tracker include the following:

  • The following jurisdictions extended their state-wide orders and/or the duration of the current phase of their reopening plans: Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Mississippi, New Hampshire and Rhode Island.
  • The following jurisdictions eased restrictions and/or advanced to the next phase of their reopening plan: Georgia, Louisiana, New Jersey and Pennsylvania.
  • The Wisconsin Supreme Court struck down Governor Evers’ mask mandate and bared the Governor from issuing a mask mandate without approval of the state legislature. In addition, the Kansas state legislature rescinded the Governor Kelly’s mask order.

You can also view our brochure which highlights key areas of expertise where we can support your business’s tracking and reopening plans. Please call or email your regular Baker McKenzie contact if you require additional analysis regarding these matters.

Last updated 2 April 2021

Download US Shelter-In-Place / Reopening Tracker

The post United States: 50 State Shelter-In-Place/Reopening Tracker appeared first on Global Compliance News.

Source

Our 18th Annual Global Trade and Supply Chain Webinar Series entitled, “International Trade & Developments in a World Focused on Recovery & Renewal,” includes the latest international trade developments including updates on trade wars, trade agreement negotiations and key customs, export controls and sanctions developments.

In addition to our usual topics of customs and export controls/sanctions, we have also covered foreign investment review regimes around the world. This year’s webinars cover export controls and sanctions, an overview of customs and imports developments in the Latin America, EU, Middle East and Russia, and managing emerging compliance risks.

Trade Developments Under the New Biden Administration and Brexit (23 March 2021)

 

Trade Focus on China (23 February 2021)

 

Supply Chain: Environmental and Human Rights Due Diligence (27 January 2021)

The post International: 2021 Global Trade and Supply Chain Webinar Series appeared first on Global Compliance News.

Source

On March 26, 2021, the Office of the United States Trade Representative (USTR) announced the next steps in its Section 301 investigations of Digital Service Taxes (DSTs) adopted or under consideration by ten US trading partners.  In January, USTR found that the DSTs adopted by Austria, India, Italy, Spain, Turkey, and the United Kingdom were subject to action under Section 301 because they discriminated against US digital companies, were inconsistent with principles of international taxation, and burdened US companies.  USTR is proceeding with the public notice and comment process on possible trade actions to preserve procedural options before the conclusion of the statutory one-year time period for completing the investigations.

USTR has posted advance copies of the Federal Register requests for comments and notices of virtual public hearings. USTR requests comments with respect to any issue related to the action to be taken in each investigation. In each case, USTR has proposed an ad valorem tariff of 25% up to the amount shown in the table below, to be assessed on products specified in the annex to each notice. Certain interested persons may wish to provide written comments or oral testimony on multi-jurisdictional issues common to two or more investigations. To avoid duplication, the USTR portal will have a separate docket  for multi-jurisdictional submissions, and USTR will hold a separate multi-jurisdictional hearing.

A Multi-jurisdictional virtual hearing on the proposed actions will be held on May 3, 2021. The common deadlines that apply to all listed jurisdictions to be assured of consideration are as follows:

  • Submit requests to appear at a hearing, along with a summary of the testimony, by April 21, 2021.
  • Submit written comments by April 30, 2021.
  • Submit multi-jurisdictional hearing rebuttal comments by May 10, 2021.

In addition, there will be virtual hearings for each of the six countries. The dates of the those hearings and the dates country-specific rebuttals are due are shown below (Links are to the advance notices posted by USTR):

Docket No. Country Proposed Action Virtual hearing on country Country Rebuttal due
USTR-2021-0002 Austria 25% up to $45 Mn./yr 05-11-21 05-18-21
USTR-2021-0003 India 25% up to $55 Mn./yr 05-10-21 05-17-21
USTR-2021-0004 Italy 25% up to $140 Mn./yr. 05-05-21 05-12-21
USTR-2021-0005 Spain 25% up to $155 Mn./yr. 05-06-21 05-13-21
USTR-2021-0006 Turkey 25% up to $160 Mn./yr 05-07-21 05-14-21
USTR-2021-0007 United Kingdom 25% up to $325 Mn./yr. 05-04-21 05-11-21

The post United States: USTR announces next steps in six DST sec. 301 investigations appeared first on Global Compliance News.

Source

The US Government has imposed a series of sanctions against Myanmar Economic Corporation Limited (MEC) and Myanma Economic Holdings Public Company Limited (a.k.a. Myanmar Economic Holding Limited) (MEHL), two military-affiliated conglomerates, in response to the February military coup in Burma (Myanmar). The combined restrictions are likely to have a significant impact on business activities in Burma as these conglomerates have substantial interests and joint ventures in several sectors of the Burmese economy, including trading, natural resources, tourism, alcohol, cigarettes, and consumer goods. In addition, the US Government has significantly tightened export controls for Burma.

Restrictions on MEC and MEHL

First, effective March 8, 2021, MEC and MEHL were added to the Bureau of Industry and Security’s Entity List, restricting any person from exporting, reexporting or transferring in-country all items subject to US jurisdiction under the Export Administration Regulations (EAR) to MEC and MEHL or in any transaction to which they are a party. This would include exports, reexports and transfers of items subject to the EAR to other parties where MEC/MEHL are a purchaser or intermediary. This Entity List designation has become a favored tool in recent years to disrupt supplies of US products and technologies to targeted parties, such as Huawei and others.

Second, on March 25, 2021, the US Treasury Department’s Office of Foreign Assets Control (OFAC) designated MEC and MEHL as Specially Designated Nationals (“SDNs”) pursuant to Executive Order 14014 (“EO 14014”), a sanctions authority issued by President Biden on February 10, 2021 that authorizes the imposition of sanctions on certain Burmese parties in response to the February military coup. The SDN designation of MEHL and MEC means that:

  • US Persons (i.e. entities organized under the laws of the United States, US citizens, US permanent resident aliens, and persons physically located within the United States) are prohibited from dealing directly or indirectly with these two conglomerates.
  • In addition, under OFAC’s “fifty percent rule,” the prohibition extends to dealings by US Persons with any other entities in which MEHL and/or MEC own, directly or indirectly, 50% or greater interest in the aggregate.
  • Prohibited activities include exports (regardless of whether the item is subject to the EAR), imports, the provision or receipt of services, funds transfers, investments, etc. Any property and interests in property of these SDNs that come within the United States or within the possession or control of a US Person must be blocked and reported to OFAC.
  • Non-US persons can also be directly liable for causing violations by US Persons involving these SDNs, such as by engaging in transactions with these SDNs via US financial institutions or in US dollars.
  • Non-US persons also face the “secondary sanctions” risk of designation as an SDN themselves if found to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of MEHL or MEC.

OFAC also issued four general licenses (“GLs”) authorizing transactions that would otherwise be prohibited under EO 14014, including a wind-down license for transactions involving MEC or MEHL. The four GLs are, as follows:

  • GL No. 1 authorizes transactions and activities otherwise prohibited by EO 14014 that are for the conduct of the official business of the US Government.
  • GL No. 2 authorizes transactions and activities otherwise prohibited by EO 14014 that are for the conduct of the official business of the United Nations, the International Centre for Settlement of Investment Disputes, International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies, the Association of Southeast Asian Nations, and several other organizations, including a number of development banks.
  • GL No. 3 authorizes NGOs to engage in transactions and activities otherwise prohibited by EO 14014 that are ordinarily incident and necessary to activities in support of a range of humanitarian, democracy building, educational, non-commercial development, and environmental and natural resource protection activities in Burma. The authorized transactions include the processing and transfer of funds, the payment of taxes, fees, and import duties, and the purchase or receipt of permits, licenses, or public utility services.
  • GL No. 4 authorizes transactions and activities otherwise prohibited by EO 14014 that are “ordinarily incident and necessary to the wind-down” of transactions involving MEC, MEHL, or any entity in which MEC or MEHL directly or indirectly owns a 50% or greater interest, through 12:01 AM EDT on June 22, 2021.

The following points in OFAC’s FAQs concerning the scope of the GLs are noteworthy:

  • FAQ 883 indicates that for the duration of GL No. 4, non-US persons may wind down transactions involving MEC, MEHL, or any entity in which MEC or MEHL directly or indirectly owns a 50% or greater interest, without exposure to secondary sanctions under EO 14014, provided that such wind-down activity is consistent with GL No. 4. It also provides that wind-down transactions may be processed through the US financial system or involve US Persons as long as the transactions comply with GL No. 4’s terms and conditions. Finally, the FAQ also encourages persons unable to wind down transactions prohibited by EO 14014 prior to the expiration of GL No. 4 to seek formal guidance from OFAC.
  • FAQ 882 indicates that GL No. 2’s reference to the United Nations’ “Programmes, Funds, and Other Entities and Bodies, as well as its Specialized Agencies and Related Organizations,” should be construed with referenced to the United Nations’ system chart.

Additional Export Controls for Burma

Effective March 8, 2021, BIS amended the EAR to apply significant restrictions on exports, reexports, and transfers (in-country) to Burma in general. These changes were anticipated in an earlier February 17, 2021 notice, and include the following:

  • Burma was moved from Country Group B to the more restrictive Country Group D:1 in Supplement No. 1 to Part 740 of the EAR. This change, inter alia, removes or limits the availability of certain license exceptions for Burma, including: Shipments of Limited Value (LVS) (EAR §740.3); Shipments to Group B Countries (GBS) (EAR §740.4); Technology and Software under Restriction (TSR) (EAR §740.6); Temporary Imports, Exports, Reexports and Transfers (in-country) (TMP) (EAR §740.9 (b)); Servicing and Replacement Parts and Equipment (RPL) (EAR §740.10(a)(4) and (b)(3)(ii)(C)); Aircraft, Vessels, and Spacecraft (AVS) (EAR §740.15(b) and (c)); Additional Permissive Reexports (APR) (EAR §740.16(j)); and Encryption Commodities, Technology, and Software (ENC) (EAR §740.17(b)(2)(iv)(B)). The move to Country Group D:1 also subjects Burma to the restrictions in EAR §744.17 on exports, reexports, and transfers of certain microprocessors to military end users and end uses in Country Group D:1.
  • Significantly, Burma is now subject to the “military end use” and “military end user” (“MEU”) restrictions in § 744.21 of the EAR alongside the People’s Republic of China, Russia and Venezuela. A BIS license will now be required for the export, reexport, or transfer (in-country) of certain items specified in Supplement No. 2 to Part 744 of the EAR to Burma when the exporter, reexporter, or transferor has knowledge that the item is destined for a “military end use” or “military end user” in Burma. Applications submitted to BIS for the export, reexport, or transfer (in-country) to Burma of items identified in Supplement No. 2 to Part 744 will be reviewed with a presumption of denial. (The recently-implemented military intelligence end user and end use provisions in EAR §744.22 do not yet apply to Burma.)
  • Burma has also been moved from Computer Tier 1 to the more restrictive Computer Tier 3.  As a Computer Tier 3 country, Burma is only eligible for exports and reexports of certain technology and source code under License Exception Computers (APP), compared with the range of computers, technology and source code available to Computer Tier 1 countries.
  • In addition to MEC and MEHL, the Burmese Ministry of Defense and Ministry of Home Affairs were also added to the BIS Entity List in the same March 8, 2021 action described above. Exports, reexports and transfers (in-country) of all items subject to the EAR to those entities or in which they are a party now require a license and are subject to a presumption of denial. No EAR license exceptions are available for these four entities. Unlike with the OFAC SDN designation, the BIS Entity List restrictions only apply to the named entities, although BIS expects companies to take extra due diligence steps to ensure that items are not ultimately destined for the named, listed entity, and the affiliate is a separate legal entity (as opposed to a branch or operating division.)

Please see also our prior blog post on EO 14014 and the Burma-related sanctions and export controls put in place by the Biden Administration in February 2021.

The post United States: US Government sanctions Burmese military conglomerates, issues wind-down and humanitarian General Licenses and tightens export controls for Burma (Myanmar) appeared first on Global Compliance News.

Source

On March 26, 2021, the Office of the United States Trade Representative (USTR) posted an advance copy of a Federal Register notice terminating, as of March 26, 2021, the Section 301 investigations of Digital Services Taxes (DSTs) under consideration by Brazil, the Czech Republic, the European Union, and Indonesia because these jurisdictions either have not adopted or not implemented a DST during the period of investigation.

As of March 25, 2021, Brazil, the Czech Republic, and the European Union have not adopted DSTs, and Indonesia has not implemented a DST. Under the Section 301 statute, determinations must be made within one year of initiation, or in this case by June 2, 2021. Even if one or more of these jurisdictions were to adopt or implement a DST prior to June 2, USTR would not have sufficient time to determine whether the DST was actionable under Section 301 and, if so, what action, if any, to take to obtain the elimination of the measure. Accordingly, the USTR has determined that it is appropriate to terminate these investigations at this time. USTR will continue to monitor the status of any proposed or adopted DST in these four jurisdictions, and may, if appropriate, initiate one or more new Section 301 investigations.

The post United States: USTR terminates Sec. 301 DST investigations for Brazil, the Czech Republic, the EU and Indonesia appeared first on Global Compliance News.

Source

In brief

Welcome to Baker McKenzie’s new Labor and Employment video chat series for US employers. Our lawyers will provide quick, practical tips on today’s most pressing issues for US employers navigating the new normal.  The videos complement our blog, The Employer Report, which provides written legal updates and practical insights about the latest labor and employment issues affecting US multinationals, at both the domestic and global level.

Please click below to watch the video chats and be sure to let us know if there are additional topics you’d like us to address.


The post United States: Vaccine Passports – The ticket to our new normal? (Webinar) appeared first on Global Compliance News.

Source

Baker McKenzie is pleased to present the 2021 edition of the Global Employer: Focus on US Immigration & Mobility.

Whether you need information about a specific US visa type, or are looking for a high-level overview of employer obligations related to the movement of foreign nationals under US immigration and employment law, this handbook covers a wide range of topics and serves as a go-to desk-side guide for US employers.

Order your complimentary copy or download a PDF version.

The post The Global Employer: Focus on US Immigration & Mobility (2021 Edition) appeared first on Global Compliance News.

Source