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  • Step Right Up: Opportunity to Shape new UK Tariff Policy

    The United Kingdom will need a new most favored nation tariff regime as early as January 2021 when the current Brexit transition could come to an end and is calling on businesses, consumers, and others to advise which tariffs should be eliminated or reduced. The EU’s Common External Tariff, which currently applies to all imports...

  • What Does Brexit Mean for Privacy Shield?

    Three and a half years after UK citizens voted to leave the EU, the country officially left the Union on January 31. One of the many questions resulting from the departure is what happens to the EU-U.S. Privacy Shield as it applies to personal data transferred from the UK. The Commerce Department’s FAQs on Privacy...

  • EU Traders’ Holiday Cheer in Short Order

    The holiday season is nearly upon us, yet things in the trade world are not so jolly.  The United Kingdom (UK) eked out a slight gain in the third quarter to avoid a recession.  In the fourth quarter, the usual High Street hustle and bustle is expected to be dampened somewhat as Brexit uncertainty continues...

  • UK Cannabis Market on the Brink of Change

    Those attempting to track the meandering Brexit trail in the three years since the referendum which decided that the United Kingdom (UK) would leave the European Union (EU) are well aware that the general election on 12 December most likely will determine the path forward. What that might mean for the cannabis market in the...

  • Brexit: Deal Done. Summit Ahead.

    The crowd of journalists, functionaries, trade association reps, and political junkies hovering in Brussels for fresh Brexit news grew over the course of the last week following what appeared to be a positive meeting between UK Prime Minister Boris Johnson and Irish Taoiseach Leo Varadkar. That meeting set the stage for what became intensified EU-UK...

  • Tough Negotiations Ahead on a UK-U.S. Trade Deal

    What happens next in British politics could mean a significant shift in the United Kingdom’s trade ties with the United States – but the hurdles are many and the process to reach results could be lengthy. Voting in the Conservative Party leadership contest closes today, with the winner and successor to UK Prime Minister Theresa...

  • Bespoke UK-EU Customs Union: Still a Viable Option?

    Results of the European elections held in the UK on 23 May resulted in a significant defeat for the ruling Conservative party and a win for the Brexit Party, a single issue political group seeking for the UK to withdraw from the European Union. Several contenders, including former Foreign Secretary Boris Johnson, are taking a...

  • What does the Brexit Flextension Mean for Business?

    On 10 April 2019, the European Union granted the United Kingdom a flexible extension, coined a “flextension”, until 31 October.  This additional period of time is intended, to allow the UK to ratify the Brexit Deal, an agreement devised between the EU and the UK for the orderly exit of the UK from the bloc....

  • Food Labels May Be Sticking Point in U.S.-U.K. Trade Deal

    On Thursday, the Office of the US Trade Representative (USTR) released the summary of specific negotiating objectives for a trade deal between the UK and US.   Among the USTR’s goals are to increase market access in the UK for US agricultural products, and ensure that “geographical indications” (GIs) do not undermine market access for US...

  • United Kingdom Legislating to Avoid a Legal Gap after Brexit but Warns UK Persons to Confirm the Details

    With or without a deal and unless there is a last minute extension, the United Kingdom will leave the European Union (EU) at 11 pm London time on 29 March 2019.  Since triggering the exit process, the UK has worked towards having a deal in place that would ensure a smooth departure, including a transition...

  • UK Cabinet Approves Brexit Agreement

    On 14 November 2018, the UK Cabinet approved an agreement permitting the orderly exit of the UK from the European Union (EU), commonly known as Brexit.  Without such Withdrawal Agreement, the UK would crash out of the EU on 30 March 2019, effectively paralyzing trade between the UK and the Bloc.  As of this date,...

  • Impact of a No-Deal Brexit on Agri-Food Business

    Both the EU and the UK are eager to achieve a Brexit deal.  However, with time running short and red lines continuing to be drawn on both sides, a no-deal Brexit scenario remains a possibility.  For this reason, both the EU27 and the UK are expediting preparations for a hard Brexit.  Absent any temporary arrangements,...

  • What are the prospects of a U.S.-UK trade agreement after Brexit?

    Brexiteers claim that leaving the EU single market and customs union creates a golden opportunity for the UK to regain power over its international trade.  The potential future post-Brexit free-trade agreement that has received the most attention is that between the U.S. and the UK.  A U.S.-UK Trade and Investment Working Group was set up in July 2017...

  • Preparing for the Worst: Licenses Needed for UK Export of Dual Use Items

    It has always been a possibility that the United Kingdom would crash out of the European Union on 30 March 2019 but “no deal” preparation is now highly recommended by both sides.  For organisations that export dual use items, the possibility of the UK becoming a “third country” vis-à-vis the EU without an exit agreement...

  • No Post-Brexit Arrangement on Data Protection Will Affect UK-EU Trade

    The European Union (EU) is preparing to treat the United Kingdom (UK) as a third country after its withdrawal from the bloc, commonly known as Brexit.  Unless a deal is agreed before 29 March 2019, the UK’s trade with the EU will be heavily impacted by regulatory restrictions, increased costs, and lengthier procedures applicable to...

  • No Post-Brexit Arrangement on Data Protection Will Affect UK-EU Trade

    The European Union (EU) is preparing to treat the United Kingdom (UK) as a third country after its withdrawal from the bloc, commonly known as Brexit.  Unless a deal is agreed before 29 March 2019, the UK’s trade with the EU will be heavily impacted by regulatory restrictions, increased costs, and lengthier procedures applicable to...

  • BREXIT UPDATE: European Commission Warns Importers and Exporters of Goods with Possible UK Origin

    On 4 June, the European Commission advised economic operators to prepare for the consequences of the United Kingdom leaving the European Union on their imports and exports.   Following the UK’s withdrawal, UK inputs, including materials and certain processing operations, will no longer be considered EU origin for purposes of enjoying preferential treatment.   Whether a particular...

  • UK Unpacks Encryption Controls

    Despite the fact that export controls on dual-use goods derive from international agreements such as the Wassenaar Arrangement, significant differences can be seen as controls are implemented by different countries. The same is true in the European Union notwithstanding the fact that the EU’s dual-use regulation (Council Regulation (EC) No. 428/2009) is binding on its...

  • New Customs Rules for a Post-Brexit United Kingdom

    March 2019 is coming and importers and exporters need to be prepared for what lies ahead. The UK is leaving not only the EU but its Customs Union.  No longer will imports into a distribution center in the EU cover sales in the UK.  Companies will need to set up logistics to manage UK imports...

  • Food Standard Controversies Looms Large in Potential U.S.–UK Trade Deal

    With Brexit on the horizon, UK representatives are reinvigorating relationships with key trading partners on every continent.  On 24 July, UK International Trade Secretary Liam Fox and U.S. Trade Representative Robert Lighthizer and U.S. Commerce Secretary Wilbur Ross launched a Trade and Investment Working Group to lay the groundwork for a trade deal to be...

  • Implementation of the Damages Directive: The Changing Landscape of EU Competition Law

    Somewhat overshadowed by media attention surrounding the repercussions of the Brexit vote and subsequent impact on the United Kingdom’s laws and economy, the landscape of Europe’s competition law regime is undergoing a notable change this year, as well.  By December 27, 2016, each EU member state is required to implement the European Union’s Damages Directive...

  • UK ICO Fines Sony £250,000 After 2011 Data Breach

    On January 24, 2013, the UK Information Commissioner’s Office (“ICO”) announced that it has fined Sony Computer Entertainment Europe Limited £250,000 (approximately $390,000 US) as a result of the 2011 data breach of the Sony PlayStation Network (“PSN”). In April 2011, Sony announced that it suffered a series of data breaches on the PSN and...

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