Georgetown Law Hosts The 42nd Annual International Trade Update

Here’s a list of what to look forward to:

• Hear directly from the former U.S. Trade Representative

• The John D. Greenwald Memorial Lecture is supported by a generous gift from Cassidy Levy Kent (USA) LLP, in memory of the firm’s late partner, John D. Greenwald

• Assess the impact and durability of the most significant policy developments over the last four years, including revival of Section 301 and other U.S. trade enforcement authorities, escalation of trade tensions with China, the U.S. orchestrated impasse at the WTO, and renegotiation of NAFTA

• Explore how the Biden Administration might approach these policies and determine its overarching goals for trade and international economic policy

• Explore how to handle a trade or customs matter virtually

• Consider differences in matters before courts and federal agencies

• Discuss the details of automotive rules of origin in the USMCA and the challenges the industry faces in complying with those rules

• Review labor value content calculations and enforcement, and steel and aluminum certifications

• Understand the super-core methodology and the scope of the roll up

• Learn about valuing materials in an integrated North American industry

• Discuss the Africa Growth & Opportunity Act and lessons learned after 20 years

• Consider the latest developments in the US-Kenya Free Trade Agreement

• Explore issues relating to the Africa Continental Free Trade Area

• Hear from practitioners on how Particular Market Situation allegations arise in different product areas (e.g., biofuels, steel) and how they can and should be documented

• Discuss Commerce’s current practice in examining these claims, information required from parties, and methodologies employed

• Learn how other countries are handling Particular Market Situation allegations and how the issue has been litigated at the WTO

• Review the first months under the USMCA

• Compare the USMCA to NAFTA

• Discuss relevant issues, such as labor issues and the USMCA Center

• Discuss how an attorney knows whether they are acting within the “legal representation” exception found in the Foreign Agent Registration Act (FARA)

• Learn about the requirements of FARA, which directs those who are acting as the “agents” of foreign principals to publicly disclose that relationship, and their political or other similar activities, by registering with the Justice Department

• Examine the extent to which FARA may apply to lawyers representing foreign governments and state-owned or state-invested enterprises in international trade matters and the communications and disclosures that such lawyers must undertake consistent with both FARA and the ethics rules

• Review various non-traditional mechanisms being used (or proposed) to increase tariffs (Sections 201, 232, 301, and IEEPA)

• Discuss recent and pending cases reviewing the Executive Branch’s use of these laws

• Consider whether revised legislation is needed

• Review relevant statutes that prohibit the importation of goods produced with forced labor, including the Tariff Act of 1930 and the Trade Facilitation and Trade Enforcement Act of 2015

• Analyze recent Executive Orders on this topic, specifically the establishment of a “Forced Labor Enforcement Task Force,” to coordinate among U.S. agencies to prohibit forced labor imports

• Discuss recent enforcement actions taken by U.S. Customs and Border Protection against companies for alleged violations

• Explore litigation tactics that accelerate consideration of the merits (motions to dismiss, for injunctive relief, and for summary judgment)

• Discuss large case management

• Consider the efficacy of interlocutory appeals

• Hear steps courts and judges are taking to address diversity among their staff

• Examine the evolution of currency manipulation in trade remedies

• Discuss the interplay between the U.S. Department of Commerce and U.S. Customs and Border Protection (circumvention, EAPA referrals, scope, liquidation, and suspension instructions)

• Review the historic year in volume of cases, including resources and resilience

• Engage with top trade lawyers on Capitol Hill

• Discuss hot topics in rapid question and answer format

• Planned panel speakers include the Chief Trade Counsels from the House Ways and Means Committee and Democratic and Republican Trade Staff from the Senate Finance Committee.

• Learn how to ethically work remotely even when you lack the same resources available at work, such as information, data, and cybersecurity support

• Explore some of the possible weaknesses in security that occur when entire workforces are working from home and how attorneys can be mindful of all their ethical obligations and legal responsibilities to clients while working remotely

• Discuss innovations in cybersecurity, for example the development of the concept of cyber-insurance

• Examine the effects of COVID-19 trade disruptions on causation

• Consider impacts on injury analysis, inventories, and critical circumstances

• Explore the change in case cadence, including bifurcated cases, timing of issuing the final questionnaire, and increased overlap with U.S. Department of Commerce proceedings

• Ethics: Cybersecurity & Cyber-Intelligence When Working Remotely

• ITC Year in Review

Click here to register now.

Our own Andrea Ewart will be taking part in this event:

Andrea M. Ewart, Esq. is the Founder and CEO of DevelopTradeLaw, LLC which provides trade and trade-related capacity-building services to developing countries to support their effective and sustainable integration into the global trade and investment community. Andrea brings to this work her 20-plus years as an international trade attorney and consultant and her deep understanding of the key role that lawyers can play to support the transformative processes in developing and emerging economies. Her specific areas of expertise include trade facilitation, implementation of trade agreements, support for regional integration, as well as fostering the enabling environment for private investment and gender equity. Andrea writes and speaks regularly on trade and development issues.

Andrea previously worked with the Washington, D.C. office of the law firm of Holland & Knight LLP, where she counseled and represented clients on U.S. customs law and enforcement, U.S. export control laws, and African Growth Opportunity Act (AGOA) and Caribbean Basin Initiatives (CBI) preferential programs. She counsels private sector clients on these issues.

Andrea is admitted to the Washington D.C., Maryland, and the Florida Bars, and the U.S. Supreme Court Bar. She is an active member of several professional organizations, having served previously as the President of the Organization of Women in International Trade (OWIT) and is currently a Board member of Women Owned Law.

Andrea received her J.D. from the University of Miami School of Law which she attended as Harvey Reid Scholar.

Selected Relevant Publications:

• “Small Developing States in the WTO/DSM: A Procedural Approach to Special and Differential Treatment Through Reforms to Dispute Settlement,” in Syracuse J. Int’l L. & Com. Vol. 35, (2007) pp. 27-76.
• “Trade and Poverty: The Doha Dilemma,” in Women in International Trade Newsletter, Spring 2007.
• “The WTO Doha Development Round: The Development Dilemma & Other Competing Interests,” International Law Practicum, New York State Bar Association, Vol. 20, No. 1 (2007), pp.20-26.
• “Regional Trade Efforts in Africa and the Caribbean: Opening Doors to Global Trade,” in The International Law News, American Bar Association/Section of International Law and Practice, Vol. 34, No. 2, (2005)