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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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Increase in Disclosures Shows New Policies Are ‘Paying Off,’ DOJ Official Says
March 12, 2024 by Ian Cohen|Top News

DOJ officials said they have seen a rise in voluntary self-disclosures in recent months, including for possible violations of export controls and sanctions. They also stressed that the agency is continuing to double down on its enforcement resources, including by hiring more prosecutors and starting a new whistleblower initiative to better incentivize tips about corporate wrongdoing.

Gunvor to Pay Over $661 Million to Settle FCPA Charges Related to Bribe Payments in Ecuador
March 4, 2024 by Jacob Kopnick|Penalties and Courts

Gunvor S.A., a wing of global commodities trading giant Gunvor Group, pleaded guilty on March 1 to conspiracy to violate the Foreign Corrupt Practices Act as part of a scheme to bribe officials of Petroecuador, the Ecuadorian state-owned oil company, and the Ecuadorian Ministry of Hydrocarbons. Gunvor was ordered to pay a $661 million criminal penalty for bribing the officials to receive contracts to buy oil products, the U.S. Attorney's Office for the Eastern District of New York announced.

Topics:Foreign Corrupt Practices Act
Former Vitol Trader Found Guilty of Violating FCPA, Money Laundering
March 1, 2024 by Jacob Kopnick|Penalties and Courts

Former commodities trader Javier Aguilar was convicted Feb. 23 of violating the Foreign Corrupt Practices Act by bribing officials of Ecuadorian state-owned oil company Petroecuador. The U.S. Attorney's Office for the Eastern District of New York also said Aguilar was found guilty of laundering money used to bribe Ecuadorian officials of Petroecuador and of an affiliate of the Mexican state-owned oil company Pemex. He faces a maximum 30-year prison stint.

Topics:Foreign Corrupt Practices Act
Former SDNY Assistant US Attorney Joins Litigation Boutique
February 22, 2024 by Jacob Kopnick|Trade People

Anden Chow, former assistant U.S. Attorney for the Southern District of New York, has joined litigation boutique MoloLamken as a partner in New York, the firm announced. Chow worked as an assistant U.S. Attorney for a decade, most recently working on prosecutions into "international financial crime," including "sanctions evasion, asset forfeiture, money laundering, cryptocurrency-related fraud, and Foreign Corrupt Practices Act violations," the firm said.

FCPA Cooperation With Foreign Governments' Likely to Expand in 2024, Lawyers Say
January 30, 2024 by Jacob Kopnick|FCPA

DOJ likely will continue expanding its cooperation with foreign governments in investigating and prosecuting Foreign Corrupt Practices Act violations, Miller & Chevalier lawyer John Davis said in an interview. After a year that saw DOJ cooperate with South Africa and Colombia for the first time, Davis said, the agency will seek to work with more Latin American and European nations on FCPA enforcement.

Topics:Foreign Corrupt Practices Act