8th IBA Asia Pacific Regional Forum Biennial Conference: Vibrant Asia – Land of opportunity and promise

19 Feb - 21 Feb 2025

Session information

Concurrent session 6A: Trade remedies and sanctions

Friday 21 February (1630 - 1745)

Description

Starting in 2022, Lisa Monaco, Deputy Attorney General, began describing ‘sanctions’ as ‘the new FCPA’, as a logical extension of the US federal government’s effort to use economic sanctions and trade controls to incrementally apply pressure against foreign governmental activity seen as adverse to the interests of the US. Since 2020, there has been a proliferation in US measures focused on China, including Hong Kong, in the form of primary legislation, Presidential Executive Orders and the addition of specially designated nationals (SDNs) to the Office of Foreign Assets Control (OFAC) list. China has not been the only focus, though, with sanctions issued arising out of the Russia–Ukraine war, for example. Other countries, including China, view such sanctions as generally contrary to international law. But, in addition, Canada, China, the EU and the UK, have responded by enacting their own ‘blocking statutes’, enabling domestic non-compliance with US laws and requiring notification to authorities about any US sanction enforcement measures (for example, China’s 2021 Anti-Foreign Sanctions Law). China has also imposed restrictions and requirements on provision of information offshore to assist foreign regulators. The result has been that everyone doing, and facilitating, business must navigate their way through complex, sometimes unclear and often conflicting sets of new legal requirements. All lawyers in Asia, whatever their area of practice, must have at least a clear, basic understanding of trade remedies and sanctions.

This session will address the following questions:
• What are the different forms of sanctions that have been issued and how do they work in practice? What is their scope and what are their limits?
• What is the difference between primary and secondary sanctions?
• What has been the effect, in practice, of blocking statutes?
• How do financial institutions navigate the requirements and restrictions?
• How are third-party countries and businesses affected?
• What is the potential impact on securities and other markets?
• What future developments may occur?

Session / Workshop Chair(s)

Jonathan Goacher Stephenson Harwood, Singapore, Singapore

Speakers

Wendy Wysong Steptoe HK LLP, Central, Hong Kong SAR
Guoxun Zhang Zhong Lun Law Firm, Beijing, China
Yuan Zheng Davis Polk & Wardwell LLP, Hong Kong, Hong Kong SAR