The Month in International Trade – December 2024

Webinar: Trump Administration and What it Means for Businesses Outside the US

Top Trade Developments

• Commerce Releases ANPRM to Bolster Drone Supply Chain Security
• Commerce Publishes Final Amendments on Trade Remedy Regulations
• USTR Launches Section 301 Investigation of Nicaragua’s Labor and Human Rights Practices
• Global Trade Talks: Welcome Back Erik Woodhouse: Initial Thoughts on the Sanctions Landscape Under Trump 2.0
• The EU Foreign Subsidies Regulation One Year On: An Effective Tool or Just More Red Tape?

Crowell & Moring Speaks

This news bulletin is provided by the International Trade Group of Crowell & Moring. If you have questions or need assistance on trade law matters, please contact Maria Alejandra (Jana) del-Cerro or any member of the International Trade Group. 

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Webinar: Trump Administration and What it Means for Businesses Outside the US

01.23.25, 4:00 PM CET - 7:00 PM CET

Register Here

President-elect Trump will be inaugurated as the 47th President of the United States on 20 January 2025 at noon.

The second Trump administration is expected to bring dramatic change in 2025 and beyond to U.S. economic, political, and foreign policy. This will significantly impact global companies. European companies will face particular challenges and complexities. New U.S. policies will be created in areas, including AI, crypto, defense, energy, environment, financial services, health care, national security, sanctions, tariffs, and tax policy. Final policy decisions have not been made and there is great uncertainty. Crowell & Moring is uniquely situated to read the tea leaves, to provide insights on the new Administration appointees and priorities, understand the legal, regulatory and policy landscape, and help companies plan for the year ahead. Several Crowell partners have had distinguished careers in different branches of the US government before joining Crowell. This includes Aaron Cummings who served as Chief of Staff to Republican Party U.S. Senator Chuck Grassley (R-IA) and Jim Flood who served as Counsel to Democratic Party incoming U.S. Senate Minority Leader Chuck Schumer (D-NY).   

On 23 January 2025 at 16:00 CET, Crowell will host a webinar on the new Trump Administration and what it means for businesses outside the US. It will focus, in particular, on the Trump Administration’s policy objectives, how they will be implemented, and the legal and real-world impacts. By the date of the webinar, the new Trump Administration is expected to have issued its first Executive Orders, and there will be more clarity on their scope and content.  

The potential impact on Belgian and European business cannot be overstated. To help us appreciate this properly from a Belgian point of view, we are honoured to have the Prime Minister of Belgium, Alexander De Croo, introduce the topic to our webinar attendees, before handing the program over to partners in Crowell’s Washington, DC office. 

16:00–16:10 
Introduction
Prime Minister Alexander De Croo

16:10–16:40 
Trump II 2025 – Summary of the Year Ahead
Aaron Cummings, Partner, Government Affairs
Jim Flood, Partner, Government Affairs

16:40–17:00
Trump Tariffs 2.0 – but what does it mean for Europe?  - A look back and a discussion of managing supply chain costs in 2025 and beyond 
Daniel Cannistra, Partner, International Trade

17:00–17:20
Energy Policies and Environmental Regulations: Reviewing the Trump 2.0 agenda on energy production, and environmental deregulations, and the potential benefits and challenges for international businesses operating in or with the U.S. 
Paul Freeman, Partner, Environment and Natural Resources
Tyler O'Connor, Partner, Energy

17:20–17:35
It’s not just about us - Chinese Retaliatory Action Impacting the EU: PRC Export Controls, Antiforeign Sanctions Law, Unreliable Entity List, Data Security/State Secrets Controls
Evan Chuck, Partner, International Trade

17:35–17:50
How will the Empire strike back: Potential EU retaliation to new U.S. new actions in particular in terms of tariffs, international agreements, regulations and sanctions
Vassilis Akritidis, Partner, International Trade

17:50–18:10
Pharma Industry: Medical product supply chain issues and medical product regulation (i.e. FDA/EMA)
Stephen Holland, Senior Counsel, Government Affairs

18:10–18:20
CFIUS and Outbound Investment – will it become harder to access the US market?  
Adelicia Cliffe, Partner, Government Contracts

18:20–18:30
Judicial Independence and International Arbitration: Has the reliability of the U.S. courts changed? - Evaluating the U.S. as a Seat Amidst Political Influences
Michael Guiffre, Partner, International Dispute Resolution

For more information, please visit these areas: International Trade, Government Contracts, Energy, International Arbitration, Government Affairs, Regulatory — Brussels Practice, Regulatory Litigation

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Top Trade Developments

Commerce Releases ANPRM to Bolster Drone Supply Chain Security

On January 2, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM) soliciting public input on securing the supply chain for unmanned aircraft systems (UAS). BIS seeks to address supply chain risks posed by the involvement of foreign adversaries in UAS-related information and communication technology and services (ICTS).

Click here to continue reading the full version of this article. 

For more information, contact: Jana del-Cerro, Dmitry Bergoltsev

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Commerce Publishes Final Amendments on Trade Remedy Regulations

On December 16, 2024, the U.S. Department of Commerce published the final rule for Regulations Enhancing the Administration of the Antidumping and Countervailing Duty Trade Remedy Laws.

Commerce’s final rule revised certain AD/CVD provisions, including those related to filing requirements, the application of cash deposits, indicators used in surrogate country selection, the application of antidumping rates in non-market economy proceedings, and the selection of examined respondents. The purpose of the amendments is to improve Commerce’s administrative processes, codify existing practices, and increase transparency around Commerce’s AD/CVD procedures and calculations.

Click here to continue reading the full version of this article. 

For more information, contact: Dan Cannistra, Ivy Xun

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USTR Launches Section 301 Investigation of Nicaragua’s Labor and Human Rights Practices

On December 10, 2024, the Office of the United States Trade Representative (USTR) initiated an investigation of Nicaragua’s acts, policies, and practices related to labor rights, human rights, and the rule of law.

The investigation will be conducted under Section 301 of the Trade Act of 1974. This is the first investigation that USTR has launched under Section 301 that focuses on human and labor rights violations as reasons for initiating an investigation.

Click here to continue reading the full version of this article. 

For more information, contact: John Brew, Emily Devereaux, Ivy Xun

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Global Trade Talks: Welcome Back Erik Woodhouse: Initial Thoughts on the Sanctions Landscape Under Trump 2.0

Erik is returning to Crowell after serving as the Deputy Assistant Secretary for the Division for Counter Threat Finance and Sanctions, Bureau of Economic and Business Affairs, U.S. Department of State.

This episode discusses Erik’s experience at Department of State and how that informs his practice at Crowell, and his thoughts on possible developments under the new Administration. Global Trade Talks is a podcast that shares brief perspectives on key global issues on international trade, current events, business, law, and public policy as they impact our lives.

Listen: Crowell.com | PodBean | SoundCloud | Apple Podcasts 

For more information, contact: Nicole Simonian, Dj Wolff, Erik Woodhouse

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The EU Foreign Subsidies Regulation One Year On: An Effective Tool or Just More Red Tape?

The notification obligations set out in the EU Foreign Subsidies Regulation (FSR) became applicable about a year ago. High value M&A transactions and government calls for tender now need to be notified to the European Commission before they can be finalized. What lessons can be learned from the application of the FSR to date? Has it proved an effective tool in ensuring a level playing field? Or has it just increased the administrative burden on companies and with it the risk of discouraging investment in Europe?

Click here to continue reading the full version of this alert. 

For more information, contact: Vassilis Akritidis, Karel Bourgeois, Karl Stas, Benjamin Geisel, Jean-Baptiste Blancardi

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Crowell & Moring Speaks

Trump is promising new tariffs. How should companies be preparing?
January 2, 2025 – Supply Chain Drive
Related Professionals: Evan Chuck

Fireside Chat: ACI New York Forum on Economic Sanctions, A Conversation with Michael Khoo, Task Force KleptoCapture (December 5, 2024).
Moderator: Caroline Brown

U.S. Department of State Publishes International Traffic in Arms Regulations Amendments To Implement The AUKUS Exemption
December 2, 2024 – The Global Trade Law Journal
Related Professionals: Jana del-Cerro and Dilan Wickrema

Weekly Trade: December 2, 2024
December 2, 2024 – Politico
Related Professionals: Aaron Cummings

International sanctions and export controls: the latest challenges - “Liability of Customs Brokers and Freight Forwarders in the USA”
October/November 2024 – Customs Compliance & Risk Management (CCRM) Journal, Issue 29
Related Professionals: Jeff Snyder 

International sanctions and export controls: the latest challenges - “Export Screenings & KYC Risks”
October/November 2024 – Customs Compliance & Risk Management (CCRM) Journal, Issue 29
Related Professionals: Jana del-Cerro