Those who advise NAFTA stakeholders say that it looks like a factory-level inspection regime will be part of what Democrats get in their edits to the U.S.-Mexico-Canada Agreement, but how disruptive that will be for businesses is completely cloudy. Kellie Meiman Hock, a managing partner at McLarty Associates, said she thinks there are ways the inspections could be done that would not make Mexico feel like American government officials are deciding whether Mexican labor laws are being followed. Hock said the two governments could select inspectors who travel together, or it could be a coalition of non-governmental organizations, as was mobilized after more than 1,000 textile workers died in a factory collapse in Bangladesh.
The Department of Commerce published its fall 2019 regulatory agenda for the Bureau of Industry and Security. The agenda includes a new mention of its intent to potentially control certain additive manufacturing equipment, or 3D printing, used in “energetic materials” as part of BIS’s effort to restrict sales of emerging technologies (see 1911210051). The notice of proposed rulemaking aims to gather feedback from industries while “discussions are ongoing” at the Wassenaar Arrangement. BIS said it aims to issue the proposed rule in November.
House Speaker Nancy Pelosi said that a resolution to the negotiations between the Democrats in the working group and the Trump administration on the U.S.-Mexico-Canada Agreement is “imminent," and that she believes it can be a template for future trade agreements. Pelosi, D-Calif., who was speaking at her weekly press conference on Nov. 14, suggested that the AFL-CIO would not argue against a "yes" vote for the NAFTA rewrite. "I think we'll see what the implementation is, and the enforcement is, and I think it will be a value that is shared by our friends in labor as well as the Democrats in Congress," she said.
Export Compliance Daily is providing readers with some of the top stories for Oct. 21-25 in case they were missed.
The Commerce Department's Bureau of Industry and Security is amending the Export Administration Regulations to further restrict exports and re-exports to Cuba, BIS said in a notice. The amendments change BIS licensing policies and exceptions for certain aircrafts and vessels, establish a 10 percent de minimis level for Cuba, make the Cuban government ineligible for certain donations and clarify the scope of unlicensed telecommunication items the Cuban government can receive. The Office of Information and Regulatory Affairs recently said it completed its review of the rule (see 1910150041)
About 350 companies, trade associations and local manufacturing groups and chambers of commerce are urging Congress to ratify the United States-Mexico-Canada Agreement "as soon as possible this autumn." The letter, led by the National Association of Manufacturers and signed by giants like Ford, GM, Fiat Chrysler, Caterpillar, IBM, GE, Honeywell, Bayer and Bristol-Myers Squibb, was sent Oct. 15. It said that ratification "is essential to promoting certainty and growth for manufacturing businesses." Volvo North America and Mahindra Automotive America signed the letter, but BMW and Mercedes -- whose supply chains would likely have to change to meet stricter rules of origin -- did not. The letter referred to trade facilitation -- though not explicitly higher de minimis levels in Canada and Mexico, in saying that the USMCA will eliminate red tape at the border, and make "it easier for small and medium-sized businesses to sell into these critical markets."
The U.S. Chamber of Commerce, the Information Technology Industry Council and 25 other trade groups, including groups from Africa, Asia, South America and Europe, have issued a position paper on what they'd like to see in the plurilateral E-Commerce Agreement at the World Trade Organization. The U.S. and China are both in these talks, and some are concerned that China will oppose what business groups describe as high-standard planks, such as prohibiting data localization and no restrictions on cross-border data flows.
China issued guidance for its free trade agreement with the Association of Southeast Asian Nations and the rules of origin for imports and exports, according to a Sept. 11 KPMG alert.
Vietnam issued a circular to update the rules of origin regulations under the recent agreement between the Association of Southeast Asian Nations and China, Vietnam Customs' mouthpiece CustomsNews said in an Aug. 20 report. Vietnam clarified how rules of origin apply to goods, “origin criteria for converting commodity codes at level of 4 digits” and regulations on the de minimis level. The circular will take effect Sept. 12.
Singapore Customs issued a circular outlining changes and new requirements for rules of origin and certification procedures under revised regulations of the ASEAN-China Free Trade Area, Singapore said in an Aug. 6 notice. The circular describes the requirements that have to be met for goods to be qualified as originating goods, and details the expansion to the list of “Product Specific Rules” and the inclusion of a de minimis provision. Singapore said the new requirements will take effect Aug. 15.