With all nominations not confirmed during the past two years now expired, the White House has renominated Joseph Barloon, acting deputy U.S. trade representative, to be a judge on the Court of International Trade. If confirmed, he would replace Leo Gordon, who retired. The nomination was among those sent to the Senate Jan. 3.
Court of International Trade activity
The European Parliament released a November report on extraterritorial sanctions and their “legality under general international law.” The report includes an overview of U.S. sanctions and their impacts on the EU and member states -- including U.S. designations on Iran, Cuba and the Nord Stream 2 project (see 2007150021) -- and how the EU can protect itself against those impacts. The report recommends that the EU help European companies find “recourse” through arbitration and national courts and to consider challenging the legality of some U.S. sanctions through the World Trade Organization’s dispute settlement system. The EU should also consider countermeasures to U.S. sanctions, the EP said, but stopped short of asking the EU to follow through with those measures. “At this stage, the application of such measures could hardly be recommended,” the report said. “However, it might be helpful to clearly state that the EU is aware of this option and will consider it.”
A pair of U.S. and South African weapon sellers failed to show that the State Department illegally debarred them from exporting goods, a U.S. court said Oct. 26. The court’s decision stemmed from a lawsuit filed by U.S. weapons exporter Robert Thorne and South African gun reseller Dave Sheer and his businesses, who said they were “de facto debarred” from trading weapons by the Directorate of Defense Trade Controls despite not being placed on a debarment list.
Joseph Barloon, general counsel for the Office of the U.S. Trade Representative and acting deputy USTR, was nominated by the White House to be a judge on the Court of International Trade. Before joining USTR, Barloon was a partner at Skadden Arps.
The State Department is close to publishing the first in a series of rules to reorganize the International Traffic in Arms Regulations after months of legal reviews (see 1907120011) and a delay caused by the COVID-19 pandemic (see 2005080038), an agency official said. The first rule, part of a larger reorganization effort led by the Directorate of Defense Trade Controls, will tackle the organization of definitions in the ITAR. Other rules will consolidate exemptions and streamline licensing requirements and policies.
The United States District Court for the District of Columbia temporarily blocked the Commerce Department from implementing restrictions on TikTok (see 2009180026), according to court records filed Sept. 27. The Commerce Department said it will fight the injunction and said President Donald Trump’s August executive order (see 2008070024) was “fully consistent with the law” and addressed “legitimate” national security concerns. “The Government will comply with the injunction and has taken immediate steps to do so, but intends to vigorously defend the E.O. and the Secretary’s implementation efforts from legal challenges,” Commerce said. The court’s injunction came about one week after another court temporarily blocked Commerce from imposing similar restrictions on WeChat (see 2009210008).
A new World Trade Organization dispute settlement panel report said that the U.S. improperly applied Section 301 tariffs on goods from China. “It remains to be seen whether the US decides to appeal the ruling,” former WTO official Peter Ungphakorn said in a tweet. “Since the Appellate Body cannot function, this would be an 'appeal into the void.'” The WTO appeals court is mostly inoperable due to a U.S. hold on adding new members.
The Federal Maritime Commission said its May rule on detention and demurrage charges (see 2004290037) is helping to reduce unfair penalties imposed by carriers, but industry said the fees are continuing and the FMC’s guidance is not being followed. The rule “at first seemed to be a great victory,” said Rich Roche, vice president of international transportation at Mohawk Global Logistics, speaking during a virtual conference hosted by the National Customs Brokers & Forwarders Association of America Sept. 14. But Roche, who is also the chair for the NCBFAA’s Non-Vessel Operating Common Carrier Subcommittee, said some carriers increased their demurrage and detention fees the same week the rule was finalized.
The U.S. Trade Representative announced the appointment of USMCA state-to-state dispute panelists July 1:
The Directorate of Defense Trade Controls expects to increase its end-user checks on sensitive defense exports after the transfer of gun export controls from the State Department to the Commerce Department was finalized earlier this year, the agency said. The transfer -- which placed Commerce in charge of export controls for firearms, ammunition and other defense items -- will free up DDTC to conduct more thorough post-shipment checks as part of its Blue Lantern process, the agency’s end-use monitoring program.