The European Union is setting new rules on unfair trading practices in the agricultural and food supply chain, it said in a notice in the April 25 Official Journal. The directive from the EU Parliament and European Council provides that EU member states should prohibit certain practices, including late payment, cancellation of orders for perishables on short notice, unilateral changes to certain terms of supply agreements, payments not related to the sale of the agricultural or food products and acts of commercial retaliation, among other things. The rules apply to situations where the buyer committing the act is larger than the supplier, as defined in size categories laid out in the directive, or the supplier that commits the act is very large. The directive sets a mechanism for submitting complaints, and provides that member states have investigatory powers and may impose fines and penalties for unfair trading practices under the directive. The new rules apply not only to suppliers and buyers inside the EU, but also to non-EU buyers and suppliers doing business in the EU.
In the April 25 edition of the Official Journal of the European Union the following trade-related notices were posted:
The European Commission on April 24 adopted a proposal to create a new exemption from excise and value added tax for supplies for armed forces of European Union member states that are taking part in a European defense effort, it said in a press release. The newly adopted exemption mirrors one currently in place for EU armed forces participating in North Atlantic Treaty Organization defense operations, it said. “Under the new rules, armed forces deployed outside their own Member State would not pay VAT or excise duty to other Member States when they take part in a NATO defence effort or in a defence activity under the Common Security and Defence Policy (CSDP). By aligning the indirect tax treatment of both defence efforts, the initiative acknowledges the growing importance of the CSDP and military mobility which require supplies such as training materials, accommodation, provision of food and fuel -- all in principle currently subject to VAT,” the commission said.
The Department of Justice is drawing closer to completing regulations for the Foreign Investment Risk Review Modernization Act of 2018, Deputy Assistant Attorney General Adam Hickey said, and is “working closely” with the Treasury Department to develop regulations for the “expanded authority” it grants the Committee on Foreign Investment in the United States (CFIUS). Speaking at the National Conference on CFIUS and Team Telecom on April 24, Hickey presented FIRRMA and CFIUS as making the U.S. a more “attractive” alternative for investment than China while criticizing that country’s “foreign ownership restrictions, joint venture requirements” and “vague” approval processes that allow the Chinese government to “pressure [U.S. companies] to transfer their technology as a condition of market access.”
China and Japan will implement the mutual recognition arrangement for Authorized Economic Operator programs on June 1, the China General Administration of Customs said in a notice, according to an unofficial translation. The countries signed the MRA in October last year. The MRA allows for China to recognize companies certified by Japan's AEO program as certified by China's program and vice versa. The programs give AEO-certified companies expedited customs clearance and reduced inspections, among other benefits. China AEO companies exporting to Japan will need to notify the importer of the AEO company code so the Japanese importer can fill in the required information for the country's customs requirements, according to the translation. "After confirming the identity of China's AEO company, relevant convenience measures will be given," China said. Chinese importers will similarly need to provide a Japanese company's AEO code to receive the benefits, it said.
CBP denied a request from MDT Armor Corp. that the company's temporary importation bond (TIB) be extended after it exported a vehicle beyond the TIB expiration date. CBP said in the April 9 ruling that it found MDT's explanations to be lacking. Panmet Group, an agent working on behalf of MDT, told CBP that it did submit a timely TIB extension request and "was under the impression that the request had been processed." CBP's ruling only applies to the TIB extension request and not liquidated damages, the agency said.
The Treasury’s Office of Foreign Assets Control announced a settlement of $75,375 with Haverly Systems, a New Jersey software company with offices in Texas and California, for violations of the Ukraine Related Sanctions regulations, OFAC said in an April 25 enforcement notice. Haverly violated the sanctions twice between May 2016 and January 2017 when it “dealt in new debt of greater than 90 days maturity” with JSC Rosneft, a Russian oil company that was designated under Ukraine-related sanctions, OFAC said.
Canada and Colombia were removed from the priority watch list for intellectual property violations, and Tajikistan moved off the watch list, according to the Office of the U.S. Trade Representative's annual review of countries' policies on patents, trade secrets, counterfeits and piracy. Saudi Arabia was moved up to the priority watch list because of deteriorating conditions there, including "rampant satellite and online piracy," a USTR official said April 25.
The European Union is postponing its deadline for making all customs processes in the EU electronic, it said in a notice published in the April 25 Official Journal. Previously set for Dec. 31, 2020, under the Union Customs Code, the new deadlines for creating electronic systems for many EU customs processes, including customs declarations, entry summaries and export filings, will now fall in 2022 or 2025, depending on the process.
In the April 24 edition of the Official Journal of the European Union the following trade-related notices were posted: