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Tariffs. Customs. Trade Remedies

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Government Procurement

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State imposes nonproliferation measures and government procurement ban against Rosoboronexport

By 3 Mins Read

On March 29, 2017, the Department of State published in the Federal Register a notice [Public Notice: 9938] stating that a determination has been made that a foreign person has engaged in activities that warrant the imposition of measures pursuant to Section 3 of the Iran, North Korea, and Syria Nonproliferation Act. The Act provides for penalties on foreign entities and individuals for the transfer to or acquisition from Iran since January 1, 1999; the transfer to or acquisition from Syria since January 1, 2005; or the transfer to or acquisition from North Korea since January 1, 2006, of goods, services, or technology controlled under multilateral control lists (Missile Technology Control Regime, Australia Group, Chemical Weapons Convention, Nuclear Suppliers Group, Wassenaar Arrangement) or otherwise having the potential to make a material contribution to the development of weapons of mass destruction (WMD) or cruise or ballistic missile systems. The latter category includes (a) items of the same kind as those on multilateral lists but falling below the control list parameters when it is determined that such items have the potential of making a material contribution to WMD or cruise or ballistic missile systems, (b) items on U.S. national control lists for WMD/missile reasons that are not on multilateral lists, and (c) other items with the potential of making such a material contribution when added through case-by-case decisions.

EU – The UK triggers Article 50

By 3 Mins Read

On 28 March 2017, Prime Minister Theresa May signed a letter dated 29 March officially notifying the President of the European Council of Britain’s intention to leave the European Union. The letter will be delivered on 29 March, beginning two years of talks on the terms of withdrawal allowed under Article 50(2) of the Treaty on European Union (the Lisbon treaty). The two year period may be extended if the EU and UK mutually agree to do so.  Until the actual withdrawal, the UK will remain in the EU and all EU laws will remain in effect and UK citizens will have all rights and responsibilities of EU citizens. In addition, in accordance with the same Article 50(2) as applied by Article 106a of the Treaty Establishing the European Atomic Energy Community, Mrs. May also notified the European Council of the United Kingdom’s intention to withdraw from the European Atomic Energy Community.

EU – Commission publishes negotiating proposals for EU-Indonesia trade deal

By 2 Mins Read

On 7 February 2017, the European Commission announced that it had published nine initial European proposals for the trade agreement under negotiation with Indonesia. Together with the proposals, the Commission has made available the report from the second round of talks that took place in Indonesia between 24 and 27 January. The announcement said in part:

Mexico – Government procurement thresholds pursuant to FTAs published

By 1 Min Read

On December 27, 2016, the Secretariat of Public Function published in the Diario Oficial an Office Circular setting forth two tables. The first table lists the trade agreements and where the listing of agencies covered may be found in that agreement. The second table shows the threshold amounts converted into the national currency for the first six months of 2017 for government purchases by agencies and administrative bodies that are subject to the terms of various free trade agreements.

US – Government procurement: DoD adds Estonia to list of qualifying countries

By 1 Min Read

On December 22, 2016, the Defense Acquisition Regulations System published in the Federal Register a final rule [Docket DARS–2016–0048] amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add Estonia as a qualifying country. On September 23, 2016, the Secretary of Defense signed a reciprocal defense procurement agreement with Estonia. The agreement removes discriminatory barriers to procurements of supplies and services produced by industrial enterprises of the other country to the extent mutually beneficial and…

US – CBP issues final determinations in procurement case

By 1 Min Read

CBP has published in the Federal Register the following determinations concerning the country of origin of merchandise for purposes of US Government procurement under the Trade Agreements Act. A copy of the final determination may be reviewed by clicking on the ruling number.  Any party-at-interest may seek judicial review of the final determination within 30 days of the date of publication in the Federal Register.

US – Government Procurement: DoD/GSA/NASA add Ukraine and Moldova

By 1 Min Read

On September 30, 2016, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published in the Federal Register a final rule [FAC 2005–91; FAR Case 2016–009; Item VIII; Docket No. 2016–0009, Sequence No. 1] amending the Federal Acquisition Regulation (FAR) to add Ukraine and Moldova as new designated countries under the World Trade Organization Government Procurement Agreement (WTO GPA). The rule will be effective October 31, 2016

US – Government procurement: IRS publishes rules on tax on certain foreign procurement

By 2 Mins Read

On August 18, 2016, the Internal Revenue Service (IRS) published in the Federal Register final regulations [TD 9782] under section 5000C of the Internal Revenue Code (IRC) relating to the 2 percent tax on payments made by the U.S. government to foreign persons pursuant to certain contracts. The regulations affect U.S. government acquiring agencies and foreign persons providing certain goods or services to the U.S. government pursuant to a contract. The Federal Register document also…

US – Government procurement – DFARS adds Japan and Slovenia to qualifying country list

By 1 Min Read

On August 2, 2016, the Defense Acquisition Regulations System, Department of Defense (DoD) published in the Federal Register a final rule [Docket DARS–2016–0021] amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add Japan and Slovenia as qualifying countries. The Secretary of Defense recently signed reciprocal defense procurement agreements with these countries. These agreements were placed into force on June 4, 2016, for Japan and June 21, 2016, for Slovenia. The agreements remove discriminatory barriers…