Notable CROSS rulings

The U.S.-China Economic and Security Review Commission, created by an Act of Congress, has issued a notice announcing it will hold its first 2008 open public hearing in Washington, DC on February 7, 2008 to address the "Implications of Sovereign Wealth Fund Investment on National Security.'' The hearing is also being conducted to obtain commentary about the status of U.S.-China relations, in order to assess the progress of the bilateral relationship since the granting of permanent normalized trade relations to China, and to identify the challenges facing the relationship in 2008. (USCESRC notice, FR Pub 01/22/08, available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-956.pdf)

Yahoo! News reports that the U.S. and Malaysia have resumed free trade negotiations nearly a year after negotiations were put on hold over differences on Malaysia's government procurement policy. The U.S. embassy hopes to reach agreement by summer 2008. (Yahoo! News, dated 01/14/08, available at http://news.yahoo.com/s/ap/20080114/ap_on_bi_ge/malaysia_us_free_trade)

U.S. Customs and Border Protection has posted an Automated Commercial Environment "Topic" document entitled "ACE 101," which provides an introduction to ACE. An overview of ACE is provided, as well as information on the ACE Secure Data Portal, current ACE features (account management, reports tool, Periodic Monthly Statement (PMS), Entry Summary, Accounts and Revenue (ESAR) A1, etc.), future ACE features (ESAR A2, Cargo Control Release), and additional ACE resources. (ACE 101 document, posted 01/03/08, available at http://www.cbp.gov/linkhandler/cgov/toolbox/about/modernization/ace_welcome/ace101.ctt/ace101.pdf)

The California Air Resources Board has issued a press release announcing that in December 2007, it adopted both the Shore Power and Port Truck measures to reduce diesel pollution from trucks and ocean-going vessels at state ports. The truck regulation is expected to reduce diesel particulate matter emissions from drayage trucks from baseline 2007 levels some 86 percent (2.6 tons per day) by 2010. Emissions of NOx are expected to be reduced from 2007 baseline levels by 62 percent (42 tons per day) by 2014. (ARB press release update, available at http://www.arb.ca.gov/newsrel/nr120507.htm)

The Department of Homeland Security and the State Department have issued a proposed rule for the land and sea portion of the Western Hemisphere Travel Initiative (WHTI) that would require a passport or other secure document denoting citizenship and identity for all land and sea travel into the U.S.

The Treasury Department¹ has issued a fact sheet summarizing the multiple memoranda of understanding and other results of the third U.S.-China Strategic Economic Dialogue (SED)² held in Beijing, China on December 12-13, 2007.

Reuters reports that the World Trade Organization decision on the amount of retaliation that Antigua and Barbuda can impose on the U.S. as a result of a gambling trade dispute has been postponed. (See ITT's Online Archives or 07/17/07 news, 07071715, for BP summary of a U.S. Trade Representative notice on U.S. compensation talks with 8 countries due to the dispute, with links to previous summaries.) (Reuters, dated 12/14/07, available at http://today.reuters.com/news/articlenews.aspx?type=internetNews&storyid=2007-12-14T190520Z_01_N14311323_RTRUKOC_0_US-USA-TRADE-GAMBLING.xml)

American Shipper reports that U.S. Customs and Border Protection Deputy Commissioner Jayson Ahern stated that container security device applications are being looked at for cross-border truck traffic from Mexico, in-bond movements, the Secure Freight Initiative (SFI), and Customs-Trade Partnership Against Terrorism (C-TPAT) program. (AS, dated 12/07/07, www.americanshipper.com)

U.S. Customs and Border Protection has posted to its Web site certain summary information regarding the upcoming Western Hemisphere Travel Initiative passport or other secure document requirements for U.S. citizens and nonimmigrant aliens from Canada, Mexico or Bermuda entering the U.S. (i) by land from Canada or Mexico, or (ii) by sea from the Western Hemisphere.

The Bureau of Industry and Security has issued a final rule, effective November 5, 2007¹, which revises the Export Administration Regulations to implement changes to the (1) Wassenaar Arrangement's List of Dual Use Goods and Technologies (Wassenaar List), and (2) Statements of Understanding maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies (Wassenaar Arrangement, or WA), as agreed upon in the December 2006 Wassenaar Arrangement Plenary Meeting.