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Section 301 tariffs

Section 301 Tariffs are levied under the Trade Act of 1974 which grants the Office of the United States Trade Representative (USTR) authority to investigate and take action to protect U.S. rights from trade agreements and respond to foreign trade practices. Section 301 of the Trade Act of 1974 provides statutory means allowing the United States to impose sanctions on foreign countries violating U.S. trade agreements or engaging in acts that are “unjustifiable” or “unreasonable” and burdensome to U.S. commerce. Prior to 1995, the U.S. frequently used Section 301 to eliminate trade barriers and pressure other countries to open markets to U.S. goods.

The founding of the World Trade Organization in 1995 created an enforceable dispute settlement mechanism, reducing U.S. use of Section 301. The Trump administration began using Section 301 in 2018 to unilaterally enforce tariffs on countries and industries it deemed unfair to U.S. industries. The Trump administration adopted the policy shift to close what it deemed a persistent "trade gap" between the U.S. and foreign governments that it said disadvantaged U.S. firms. Additionally, it pointed to alleged weaknesses in the WTO trade dispute settlement process to justify many of its tariff actions -- particularly against China. The administration also cited failures in previous trade agreements to enhance foreign market access for U.S. firms and workers.

The Trump Administration launched a Section 301 investigation into Chinese trade policies in August 2017. Following the investigation, President Trump ordered the USTR to take five tariff actions between 2018 and 2019. Subsequent rounds of Section 301 actions against China have continued since. The Office of the U.S. Trade Representative administers Section 301 tariffs, and has also created an exclusion process for importers to seek exemptions from the tariffs.

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FCPA Attorney Moves From Mayer Brown to Affiliated Monitors
January 6, 2022 |Trade People

Audrey Harris, an anti-corruption and Foreign Corrupt Practices Act attorney, has joined Affiliated Monitors in Denver as managing director of global anti-corruption, compliance, ethics and non-financial risk, Harris announced in a LinkedIn post. Harris left her position as partner and co-chair of Mayer Brown's Anti-Corruption & FCPA Practice in Washington, D.C., after working at the firm since 2018.

Topics:Foreign Corrupt Practices Act
Miller & Chevalier Adds Anti-Corruption Attorney
January 4, 2022 |Trade People

Daniel Solomon, former anti-corruption and trade compliance attorney at Smith Pachter, joined Miller & Chevalier as a member its International Department, the firm announced. Solomon brings to his new practice experience with economic sanctions, export controls and U.S. Foreign Corrupt Practices Act enforcement and investigations, the firm said.

Expect 'Surge' in FCPA Activity This Year, Law Firm Says
January 3, 2022 |FCPA

Companies looking to comply with the Foreign Corrupt Practices Act should be prepared for a “surge” in government enforcement and activity this year after a relatively quiet 2021, Kramer Levin said in a December alert. Although the U.S.’s recent downward trend in FCPA enforcement activity continued last year with just 15 related actions, the Biden administration may have set the stage for increased enforcement during the rest of its term, the firm said. Not only did the administration recently announce several initiatives aimed at combating corruption -- including a new strategy to better curb illicit finance (see 2112060018) -- it also significantly added to the Department of Justice’s FCPA unit in March.

Topics:Foreign Corrupt Practices Act
Money Launderer Pleads Guilty to Helping Violate FCPA in Panamanian Bribery Scheme
December 16, 2021 |Penalties and Courts

Ricardo Alberto Martinelli Linares pleaded guilty on Dec. 14 to conspiracy to commit money laundering as part of a massive bribery scheme that has already seen punishments doled out to Brazil-based global construction conglomerate Odebrecht S.A., the U.S. Attorney's Office for the Eastern District of New York said. The conglomerate pleaded guilty in 2016 to violating the Foreign Corrupt Practices Act for a bribery and money laundering scheme in Panama. Luis Martinelli Linares, Ricardo's brother, pleaded guilty on Dec. 2 to the same misconduct.

Topics:Foreign Corrupt Practices Act
Former US Attorney Joins Hughes Hubbard in White Collar and Investigations Practices
December 7, 2021 |Trade People

Kenyen Brown, a former U.S. attorney for the Southern District of Alabama, has joined Hughes Hubbard as a partner in the White Collar and Regulatory Defense, and Anti-Corruption and Internal Investigations practices, based in Washington, D.C., the firm announced. Brown's practice will center on white collar criminal litigation, including corporate counseling on the Foreign Corrupt Practices Act and the False Claims Act, the firm said. Prior to joining Hughes Hubbard, Brown was a partner at Maynard Cooper.

Former Federal FCPA Prosecutor Joins Reed Smith
November 15, 2021 |Trade People

Julia Nestor, former federal prosecutor at the U.S. Attorney's Office for the Eastern District of New York, joined Reed Smith as a partner in the New York office, the firm announced. Nestor will work in the Global Regulatory and Investigations practice, where she will continue her focus on anti-bribery and corruption, trade and banking compliance and Foreign Corrupt Practices Act sanctions, the firm said.

Topics:Foreign Corrupt Practices Act
New DOJ Policies Could Affect FCPA Penalties, Self-Reporting, Lawyers Say
November 12, 2021 by Ian Cohen|Top News

Industry lawyers are preparing for a surge in enforcement of the Foreign Corrupt Practices Act (see 2107210058) following a wave of recently added enforcement officials and promises by the Biden administration to aggressively target anti-corruption. Lawyers also said new policies by the Department of Justice may lead to an increase in penalty amounts and change how companies decide whether to self-report.

Topics:Foreign Corrupt Practices Act