Legal services have so far been excluded from the U.S.'s waves of sanctions on Russia following its full-scale military assault on Ukraine. During a May 8 press call, a senior administration official discussed why that is and what the landscape for legal services restrictions may look like moving forward. Until now, the Biden administration has held off on legal services sanctions to allow designated parties to seek due process through U.S. attorneys.
Agricultural trading giant Cargill has stopped purchasing palm oil products from Malaysian firm Sime Darby Plantation following the U.S. withhold release order on Sime Darby's palm oil goods (see 2012300007), Bloomberg reported April 18. The WRO was placed on Sime Darby relating to evidence of forced labor in the company's operations. Cargill told Bloomberg purchases of Sime Darby palm oil ceased Feb. 25.
The Office of the U.S. Trade Representative is accepting nominations for members to serve on any of 15 Industry Trade Advisory Committees (ITACs) for a new four-year “charter term” ending in February 2026, the agency said in a notice. ITACs, under a program run jointly by USTR and the Commerce Department, “provide detailed policy and technical advice, information, and recommendations” on trade barriers, negotiation of trade agreements and the implementation of existing trade agreements affecting industry sectors,” the notice says. ITACs also “perform other advisory functions relevant to U.S. trade policy matters,” it says. There’s no deadline for applications, as the program “will accept nominations throughout the charter term,” it says.
Shipping equipment companies Cargotec and Konecranes ditched their bid to make a merger of equals one day after DOJ told them that their settlement proposal was insufficient to address important competition concerns in four areas of shipping container handling equipment used by port customers to move goods, DOJ said March 29. The U.K.'s Competition and Markets Authority also blocked the transaction. Cargotec and Konecranes both provide container handling equipment services to port terminals across the globe. In October 2020, the firms announced their intent to combine under a $5 billion deal. Following an Antitrust Division investigation, DOJ said that the transaction "would have eliminated intense competition" between the two rival companies in already highly concentrated markets. CMA found that British customers would have few remaining alternative suppliers if the companies combined.
The Office of the U.S. Trade Representative is wading into “unchartered waters” if it tries extending the lists 1 and 2 Section 301 tariffs on China past their four-year expiration deadlines under the 1974 Trade Act (see 2203140004), David Olave, a Sandler Travis associate and trade policy adviser, said in an email. List 1 is due to expire July 6, List 2 only seven weeks later on Aug. 23.
Danish shipping giant AP Moeller Maersk has been subpoenaed by DOJ in an antitrust investigation into the shipping industry, the Journal of Commerce reported. While details of the investigation remain unknown, the case is seen as a result of the Biden administration's instruction to DOJ and the Federal Maritime Commission to enforce compliance with existing antitrust regulations. In the shipping industry, the market is dominated by three main alliances, which are known to control 80% of the market. However, ocean carriers have limited immunity to antitrust laws, with the companies allowed to discuss rates, for instance. Maersk responded to news of the subpoena by saying it believes the information covered by the development is part of an ongoing DOJ investigation into pandemic-era supply chain disruptions.
The U.S. officially launched the Russian Elites, Proxies and Oligarchs multilateral task force meant to enforce sanctions placed on Russia following its invasion of Ukraine, DOJ said. The task force was announced Feb. 26 along with Australia, Canada, the European Commission, Germany, Italy, France, Japan and the U.K., and it consists of "Finance Ministry and Justice or Home Ministry in each member jurisdiction." The task force will allow jurisdictions to share information to help take action on sanctions, asset freezes and seizures and criminal prosecution, DOJ said.
Global law firm Baker McKenzie became another in a long line of law firms to drop its practice in Russia, announcing March 15 that its Russian office will detach from the firm and form its own independent practice. The firm, which has over 260 lawyers and staff in Russia, follows at least 25 other international law firms that have closed practices in Russia. Other firms to recently announce a similar move include White & Case, Hogan Lovells and DLA Piper.
The Commerce Department gave itself more time to consider whether to begin an anti-circumvention inquiry on solar cells from Malaysia, Thailand and Vietnam, in a March 9 memo. The petition alleges that Chinese solar panel manufacturers have shifted manufacturing to Malaysia, Thailand and Vietnam to circumvent the antidumping duty and countervailing duty orders on solar cells and modules from China (see 2202090060).
The U.S. tapped former State Department attorney John Crook to serve as an arbitrator in a case at the International Centre for Settlement of Investment Disputes, ICSID revealed on Feb. 25. The case was launched in November 2021 by Canadian energy company TC Energy Corporation along with TransCanada Pipelines Limited, when the company filed its request for arbitration. Crook worked for nearly 30 years in the State Department's Office of the Legal Adviser and currently serves as a judge on NATO's Administrative Tribunal. Prior to Crook accepting his appointment, Henri Alvarez agreed to serve as the arbitrator for the claimants.