Trade Law Archives - WITA /event-videos-topics/trade-law/ Thu, 10 Oct 2024 23:17:22 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.1 /wp-content/uploads/2018/08/android-chrome-256x256-80x80.png Trade Law Archives - WITA /event-videos-topics/trade-law/ 32 32 Regulating and Reforming De Minimis /event-videos/regulating-de-minimis/ Wed, 09 Oct 2024 20:24:24 +0000 /?post_type=event-videos&p=50368 On September 13, the Biden-Harris Administration announced new measures related to de minimis shipments to the United States, including from online marketplaces. Panelists discussed the White House proposals, its use...

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On September 13, the Biden-Harris Administration announced new measures related to de minimis shipments to the United States, including from online marketplaces. Panelists discussed the White House proposals, its use of executive authorities to address this issue, and proposed legislation.

Featured Speakers:

Ralph Carter, Staff Vice President, Regulatory Affairs, FedEx

Kim Glas, President & CEO, National Council of Textile Organizations; Commissioner, U.S.-China Economic and Security Review Commission 

Melissa Irmen, Director of Advocacy, NAFTZ-National Association of Foreign-Trade Zones

John Pickel, Senior Director, International Supply Chain Policy, National Foreign Trade Council

Felicia Pullam, Executive Director, Office of Trade Relations, U.S. Customs and Border Protection

Moderator: Ana Swanson, Trade and International Economics Reporter, The New York Times

 

Speaker Biographies:

Ralph Carter is Staff Vice President for Regulatory Affairs at FedEx. Mr. Carter leads a team of regulatory attorneys responsible for compliance and policy advocacy at FedEx.  Areas of responsibility include aviation law, security, customs, export controls, workplace safety and trade policy.  Mr. Carter also coordinates global regulatory and trade policy across all FedEx international regions. Mr. Carter’s team advocates for simpler, more open trade rules that reduce barriers and help FedEx customers expand their international business. Mr. Carter is a frequent speaker and contributor to international trade and economic policy organizations including APEC, the WTO, the World Bank and the World Economic Forum.  Mr. Carter has also served as Managing Director in the legal department of FedEx’s Europe, Middle East and Africa headquarters in Brussels Belgium.  Prior to FedEx, Mr. Carter served in the State Department as Special Assistant to the U.S. Ambassador to the European Union.

 

Kim Glas is the President & CEO of the National Council of Textile Organizations; and Commissioner of theU.S.-China Economic and Security Review Commission 

Commissioner Kimberly Glas was reappointed by Senate Majority Leader Charles Schumer for a term expiring December 31, 2024. She served as Vice Chair of the Commission for the 2022 report cycle.

Commissioner Glas joined the National Council of Textile Organizations (NCTO) in May 2019 as President and CEO representing domestic manufacturers of textiles and apparel.

She has over two decades experience in government and policy advocacy focused on economics, trade, and manufacturing.

She served as Executive Director of the BlueGreen Alliance, a non-profit partnership of labor unions and environmental organizations. In that capacity, she led an organization that works to advance policies to help achieve a stronger economy and a more sustainable future at the intersection of energy, the environment, and trade.

Before leading the BlueGreen Alliance, Commissioner Glas served as the Deputy Assistant Secretary for Textiles, Consumer Goods, and Materials at the U.S. Department of Commerce. In that role, she worked to improve the domestic and international competitiveness of the broad product range of U.S. industries. 

Commissioner Glas served for a decade on Capitol Hill working extensively on manufacturing, trade, and economic policy issues for Congressman Michael H. Michaud from Maine and Congressman John J. LaFalce from New York. As Deputy Chief of Staff and Legislative Director for Congressman Michaud, she led efforts to establish the House Trade Working Group, a key coalition of Members of Congress that works extensively on trade policy and domestic competitiveness issues to this day.

Ms. Glas earned a Bachelor of Arts in History and graduated summa cum laude from the State University of New York at Geneseo.

 

Melissa Irmen is Director of Advocacy & Strategic Relations and joined the National Association of Foreign-Trade Zones (NAFTZ) to execute the association’s advocacy vision plan, sponsorship development, specialized membership initiatives, and other program management. Melissa plays a pivotal role in building strategic partnerships and enhancing the membership experience while driving impactful change within the FTZ community.

Melissa has over 20 years of experience in the Foreign-Trade Zone (FTZ) industry, most recently as Senior Vice President at ISCM, Inc., a Washington, DC based consulting firm helping companies with FTZ applications, setup, technology, and regulatory agency insight. Melissa is an Accredited Zone Specialist and served as Chair on the Board of Directors for the NAFTZ. Melissa is an active participant in various international trade initiatives and organizations and speaks regularly on global trade topics. She provides technology and trade expertise to many CBP working groups, including, most recently, one focused on utilizing Emerging Technologies.

 

John Pickel is Senior Director of International Supply Chain Policy at the National Foreign Trade Council, the leading business association dedicated solely to advancing the interests of U.S. companies in international commerce.

In this role, John sets strategic direction and executes efforts to promote efficient, resilient and stable supply chains. This includes advancing policies related to anticounterfeiting, product safety, environmental sustainability, human and labor rights, and preventing illicit trade. He also promotes the implementation of trade facilitation measures and customs best practices across government agencies and international organizations to increase predictability and enable compliance with U.S. trade laws.

John previously served as the Principal Director of Trade and Economic Competitiveness in the Department of Homeland Security’s (DHS) Office of Strategy, Policy, and Plans (Policy), where he was a primary trade and supply chain policy advisor to agency leadership, served as the DHS representative to various interagency groups and processes, and led implementation of trade-related initiatives across DHS components.

Prior to joining DHS Policy, John served in various roles at U.S. Customs and Border Protection (CBP) over a decade. More recently, he was the Counsellor to the Commissioner for trade facilitation and enforcement matters. In addition to advising CBP executives on trade policy issues, John led engagement with senior administration officials, the trade community, and others to inform the development and implementation of CBP trade priorities. Earlier, John coordinated CBP Congressional Affairs efforts related to trade policy. In this role, he worked closely with Members of Congress and senior staff to shape legislation including the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) and Synthetics Trafficking and Overdose Prevention (STOP) Act.

John has represented companies, nonprofit organizations, and cities before Congress and federal agencies at a government relations firm and worked in a leadership office in the U.S. House of Representatives.

John is a graduate of The George Washington University (B.A., Political Science).

 

Felicia Pullam is the Executive Director, in the Office of Trade Relations (OTR). 

Prior to joining CBP, Ms. Pullam served as the Director of Strategy for the Lutheran Immigration and Refugee Service in Baltimore.  She has worked on trade issues from both the state and federal perspective: she served at the Delaware Department of State, the Maryland Department of Commerce, and the U.S. Department of Commerce. During the Obama Administration, Ms. Pullam helped steer SelectUSA, a presidential initiative housed within Commerce, during a high-pressure start-up phase to promote the United States as the leading global destination for foreign direct investment. Ms. Pullam was then appointed to be Deputy Assistant Secretary for Textiles, Consumer Goods, and Materials, where she managed three offices to analyze and implement trade policy covering a large swath of the global economy.

Prior to her government service, Ms. Pullam spent nearly a decade in China. She led the Asia regional corporate responsibility and sustainability practice for APCO Worldwide, assisting American companies on stakeholder engagement and a range of supply chain challenges. She began her career in Guangzhou through the Princeton in Asia program, followed by a yearlong adventure as tutor and translator for actress Zhang Ziyi.

 

Ana Swanson is a domestic correspondent at The New York Times. She writes about trade and international economics. She previously covered the economy, trade and the Federal Reserve for The Washington Post.

Before that, Ana was an editor of Foreign Policy’s South Asia Channel and the editor-in-chief of China Economic Review magazine in Shanghai.

She has a bachelor’s degree in cultural anthropology from Northwestern University and a master’s in international relations with a focus in China and international economics from the Johns Hopkins School of Advanced International Studies in Washington, D.C.

Before moving to Washington, D.C., she lived and worked in China for eight years.

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2022 Washington International Trade Conference Recap /event-videos/2022-witc-recap/ Tue, 01 Feb 2022 20:40:11 +0000 /?post_type=event-videos&p=32243 On Monday, January 31st, and Tuesday, February 1st, 2022, WITA hosted its fourth annual Washington International Trade Conference (WITC). This conference brought together leaders in international trade from across the...

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2022 WITC Program

On Monday, January 31st, and Tuesday, February 1st, 2022, WITA hosted its fourth annual Washington International Trade Conference (WITC). This conference brought together leaders in international trade from across the U.S. and around the world to explore the trade landscape and look toward the future of trade.


 Secretary-General Mathias Cormann, Organization for Economic Co-operation and Development (OECD)

Moderator: Ambassador Kristen Silverberg, President & COO, Business Roundtable; former U.S. Ambassador to the European Union 


Aik Hoe Lim, Director, Trade and Environment Division, World Trade Organization

Kelly K. Milton, Assistant U.S. Trade Representative, Environment and Natural Resources

Ambassador Gloria Abraham Peralta, Costa Rica’s Permanent Representative to the World Trade Organization, Co-Chair, Trade and Environmental Sustainability Structured Discussions (TESSD), World Trade Organization

Moderator: Sarah Stewart, Executive Director, Silverado Policy Accelerator; former Deputy Assistant U.S. Trade Representative, Environment and Natural Resources


Angela Ellard, Deputy Director General, World Trade Organization

Moderator: Ambassador Rufus Yerxa, former Deputy U.S. Trade Representative; former Deputy Director General of the World Trade Organization


Amy P. Celico, Principal Albright Stonebridge Group | Dentons Global Advisors; former Senior Director for China Affairs, Office of the U.S. Trade Representative

Wendy Cutler, Vice President, Asia Society Policy Institute; former Acting Deputy U.S. Trade Representative

Bonnie Glaser, Director of the Asia Program, German Marshall Fund of the United States

Samm Sacks, Senior Fellow, Paul Tsai China Center & New America, Yale Law School

Moderator: Erin Ennis, Vice President, Global Public Policy, Dell Technologies


Ambassador Kirsten Hillman, Canadian Ambassador to the United States

Ambassador Tomita Koji, Japanese Ambassador to the United States

Ambassador Stavros Lambrinidis, European Union Ambassador to the United States

Moderator: Ambassador Susan Schwab, Strategic Advisor, Mayer Brown LLP; former U.S. Trade Representative


Orit Frenkel, CEO, American Leadership Initiative

Ed Gresser, Vice President and Director for Trade and Global Markets, Progressive Policy Institute (PPI)

Jeffrey Kucik, Associate Professor, School of Government and Public Policy at University of Arizona

Chad Thompson, Executive Director for Legal Affairs & Trade, General Motors

Moderator: Sarah Thorn, Senior Director of Global Government Affairs, Walmart


Jon Gold, Vice President of Supply Chain and Customs Policy, National Retail Federation

Phil Levy, Chief Economist, Flexport

Penny Naas, President of International Public Affairs and Sustainability, UPS

Maria Zieba, Assistant Vice President of International Affairs, National Pork Producers Council

Moderator: Ana Swanson, Correspondent, New York Times


Ambassador Sarah Bianchi, Deputy U.S. Trade Representative

Moderator: Ambassador Robert Holleyman, Partner & President & CEO, Crowell & Moring LLP and C&M International; Former Deputy U.S. Trade Representative

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WITA Webinar: Aluminum Imports and Tariffs – The Business Interests and Impacts /event-videos/aluminum-imports-tariffs/ Thu, 03 Sep 2020 20:49:20 +0000 /?post_type=event-videos&p=23295 PROGRAM AGENDA  Welcome and Opening Remarks  Kenneth I. Levinson, Executive Director, Washington International Trade Association Remarks and Discussion Robert E. DeFrancesco, III, Partner, Wiley Rein Jean Simard, President and CEO, Aluminum Association of Canada...

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PROGRAM AGENDA 
Welcome and Opening Remarks 
  • Kenneth I. Levinson, Executive Director, Washington International Trade Association
Remarks and Discussion
  • Robert E. DeFrancesco, III, Partner, Wiley Rein
  • Jean Simard, President and CEO, Aluminum Association of Canada
  • Tom Dobbins, President and CEO, The Aluminum Association
  • Moderator: Deanna Tanner Okun, Managing Partner, Adduci, Mastriani & Schaumberg LLP, and former Chair of the International Trade Commission
Followed by:
  • Q & A with Audience Moderated by Ken – Webinar attendees are encouraged to use the Q&A function on the Zoom app to submit their questions in real time.

 

On Thursday, September 3rd, WITA welcomed U.S. and Canadian business leaders to discuss the tariffs President Trump reimposed on aluminum from Canada under Section 232 of the Trade Expansion Act of 1962, after determining that aluminum imports from Canada “threaten to impair the national security of the United States.”

Supplementary Materials:

Deanna Tanner Okun Introduction Presentation

2020.09.03 - WITA - Tariffs on Canadian Aluminum (FINAL)

Robert DeFrancesco Opening Statement

To view the Century Aluminum Company’s CEO, Michael Bless’s remarks on the aluminum tariffs, please click here

Wiley Rein Presentation

Harbor 20200623 Canada Problem Follow Up

Aluminum Association of Canada 

AAC_Slide_P1020 and VAP share_2007-2020

SPEAKER BIOGRAPHIES
(in order of appearance)

Robert DeFrancesco is a Partner at Wiley Rein LLP. His practice involves all aspects of international trade and trade remedy proceedings. He has particular expertise in both U.S. antidumping and countervailing duty proceedings and export control matters before the U.S. Department of Commerce (DOC), the U.S. International Trade Commission (USITC), the United States Trade Representative (USTR), the U.S. Court of International Trade, and the U.S. Court of Appeals for the Federal Circuit.

In addition, Robert has represented numerous clients in both the Section 232 Aluminum investigation before the Bureau of Industry and Security at the U.S. Commerce Department and in the Section 301 investigation of China before USTR.

Robert has also actively assisted in World Trade Organization (WTO) matters, providing advice regarding WTO obligations and dispute settlement proceedings for various clients and governments. Clients represented in these proceedings come from industries such as primary aluminum, aluminum extrusions, petrochemicals, steel, semiconductors, renewable energy, and consumer goods, involving products from diverse economies such as China, Brazil, Japan, Korea, Indonesia, and Turkey.

Jean Simard is President and Chief Executive Officer of the Aluminium Association of Canada (AAC) has been since 2009. Jean Simard is the industry’s official representative and spokesperson with governments, business associations and the media, as well as with international organizations linked to the industry.

Mr. Simard holds a degree in Civil Law from the University of Ottawa, and is a member of the Barreau du Québec. He possesses extensive professional experience in public and government relations, mainly in sustainable development, energy and environmental affairs. Prior to joining the AAC, he was Vice-President Sustainable Development, Public and Governmental Affairs, at Gaz Métro, a Quebec-based energy company.

Mr. Simard represents the AAC at the International Aluminium Institute (IAI) and at the Aluminium Stewardship Initiative (ASI). He is a member of the Board of Directors and of the Executive Committee of the Quebec Industrial Aluminium Cluster (AluQuébec), as well as a member of the Board (Treasurer) of the Conseil patronal de l’environnement du Québec (CPEQ), and of the Quebec Aluminium Research Development Centre (CQRDA). Co-founder and member of the Steering committee of SWITCH, the Alliance for a greener economy, he is one of the Leaders of the Canadian Smart Prosperity initiative.

He is a member of the Advisory Council of the newly created Canadian Institute for Climate Choices. He is a member of the Steering Committee of Forum Concertation on Circular Economy and of the Public Affairs Committee of the Quebec Employers Council. He chairs the Board of Directors of the Quebec Music & Art Conservatories Foundation and is a member of the Board of Petits Chanteurs du Mont-Royal. He is also a member of the Ambassador Circle of Nature Conservancy Canada’s, Quebec Chapter.

Tom Dobbins joined the Aluminum Association as President & CEO in March of 2020 after leading the American Composites Manufacturers Association for over 13 years. There he focused on growing markets for composites in aerospace, automotive and building and construction. During his tenure Congress included provisions to advance the use of composites or advanced materials in 6 consecutive infrastructure bills.

He has also worked for two other major associations leading their government affairs programs, the Executive branch of government where he created an outreach and education program for small businesses, 3 Members of Congress and a Congressional Committee, and one of the premiere boutique lobbying firms in its time.

Moderator: Deanna Tanner Okun is the managing partner at Adduci, Mastriani & Schaumberg LLP. Deanna is an international trade lawyer providing legal and strategic international trade policy advice to steer companies through the intersection where innovation confronts barriers, such as intellectual property theft, unfair trade practices, or regulatory hurdles.

Deanna’s practice involves all aspects of unfair trade litigation and trade remedy advocacy. Her Section 337 work includes all stages of litigation at the U.S. International Trade Commission (ITC) from preinstitution consultation to post-remedy enforcement with Customs and Border Protection (CBP). She also represents companies in Title VII antidumping and countervailing duty investigations before the ITC and Department of Commerce (DOC). In 2017, her client secured the first negative preliminary AD/CVD determination in over seven years. Deanna’s work in trade remedy proceedings on behalf of U.S. companies extends to previously rarely used trade statutes, including Section 201, 232, and 301 investigations. Deanna participated in one of only two Section 201 investigations in the past twenty years, winning a successful remedy for her client. She works closely with contacts in the executive, judicial, and legislative branches of the government to create innovative solutions to her clients’ legal and business challenges.

Deanna has extensive experience as a top administrator, regulator, enforcer, legislative aide, and lawyer. She served two terms as Chairman during her twelve years of service as a member of the ITC. During her tenure as a Commissioner, she ruled on hundreds of cases involving allegations of patent, trademark and copyright infringement as well as other types of unfair acts such as trade secrets. As Commissioner, she was involved in numerous AD/CVD investigations and participated in almost all recent global safeguard investigations under the Trade Act of 1974, including investigations under Section 201 and the China-specific safeguard investigations under Section 421. Prior to her appointment to the ITC, she served as counsel for international affairs to U.S. Senator Frank Murkowski and practiced international trade law with a large DC-based law firm. During her tenure at the ITC, Deanna was nominated to be Deputy United States Trade Representative.

In 2012, Deanna was named the Outstanding Woman of the Year by the Association of Women in International Trade, a chapter of the Organization of Women in International Trade. She has served on the Federal Circuit Advisory Council since 2013. In 2019, for the seventh consecutive year, Managing Intellectual Property named Deanna one of the Top 250 Women in IP. She was recently selected for the 2020 Roster for NAFTA Chapter 19 Binational Panels (U.S.).

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WITA Deep Dive on WTO Reform: Resolving the Impasse over the Appellate Body /event-videos/wto-reform-appellate-body/ Thu, 23 Jul 2020 16:26:45 +0000 /?post_type=event-videos&p=22051 On Thursday, July 23rd, WITA hosted a webinar with panelists who explored ways to address the concerns raised by the U.S. and others about the WTO’s Appellate Body, and to...

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On Thursday, July 23rd, WITA hosted a webinar with panelists who explored ways to address the concerns raised by the U.S. and others about the WTO’s Appellate Body, and to restore a functioning and binding dispute settlement system. Longstanding systemic concerns of the United States about the Appellate Body’s operation and adherence to the Dispute Settlement Understanding (“DSU”) has led to the United States blocking appointments of Appellate Body (“AB”) members until the system is corrected consistent with original text of the DSU. With only one of seven AB members still in place as of December 11, 2019, the AB is unable to hear appeals (as all appeals must be heard by three AB members).

WITA Webinar Featuring:

Stacy Ettinger, Partner, K&L Gates

Ignacio Bercero, European Union Visiting Fellow, Oxford University, and author of the paper What Do We Need a World Trade Organization For? The Crisis of the Rule-Based Trading System and WTO Reform

Bruce Hirsh, Tailwind Global Strategies, and author of the paper Resolving the Appellate Body Crisis: Proposals on Precedent, Appellate Body Secretariat and the Role of Adjudicators

Rufus Yerxa, President, National Foreign Trade Council, and former Deputy Director General of the WTO

With Special Guests:

Jennifer A. Hillman, Council on Foreign Relations and former Member of the WTO’s Appellate Body

Ron Lorentzen, Kelley Drye & Warren LLP, and former Principal Deputy Assistant Secretary of Commerce

Warren H. Maruyama, Hogan Lovells, and former USTR General Counsel

Terry Stewart, Author, Current Thoughts on Trade, and former Managing Partner, Law Offices of Stewart and Stewart

Event Summary

This webinar began with Rufus Yerxa asking the panel how the WTO’s lack of ability to enforce rules upon its members impacted its credibility and asked the panel to overview what is causing the dissatisfaction with the WTO from some of its key members. Stacy Ettinger stated that the dissatisfaction with the dispute body settlement has led WTO to a crossroads. She also noted that the Trump administration’s clear mentality of unilateralism and decoupling has fueled mistrust amongst trading partners. Ignacio Garcia Bercero gave some insight on the European Union’s opinions of the WTO. He noted that the WTO needs to be working towards solving some of the systemic issues raised by the United States such as what are the proper roles of panels and the appellate body. He also suggested that the WTO needs to better enforce term limits on body members. Bruce Hirsh then responded saying that despite these problems raised by Bercero and Ettinger, the Dispute Settlement system has solved problems and is a useful tool as it can solve trade disagreements without trade wars. He emphasized that we should be focused on fixing the flaws in the Dispute settlement system and not focused on destroying it. Bercero also noted that the WTO needs to clarify the standard of review in the appellate body and in the dispute settlement body. Ettinger pointed out that the WTO at times puts too much emphasis on precedent and made the claim that if the Supreme court can change its mind on issues, so can the WTO. The webinar then shifted to a Q & A session where the panelists answered questions ranging from should appellate body reform take priority over China issues to whether the WTO should have clerks that serve on both the appellate body and dispute settlement body. After the Q & A session the panel was joined by special guests Terry Stewart, Warren Maruyama, Ron Lorentzen, and Jennifer Hillman who offered their perspectives on where the WTO should go from here.

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A Taxing Issue and a Trade Matter – Digital Services Taxes and Trade /event-videos/digital-services-taxes-and-trade/ Thu, 09 Jul 2020 16:04:56 +0000 /?post_type=event-videos&p=21717   On Thursday, July 9th, WITA hosted a webinar with panelists who discussed Digital Services Taxes (DSTs) as an emerging new front in trade disputes and their nexus with trade...

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On Thursday, July 9th, WITA hosted a webinar with panelists who discussed Digital Services Taxes (DSTs) as an emerging new front in trade disputes and their nexus with trade law and policy.

Webinar Featuring: 

Grant Aldonas, Principal Managing Director, Split Rock International, and former U.S. Undersecretary of Commerce for International Trade

Pamela Olson, Consultant, PWC, and former Assistant Secretary of the Treasury for Tax Policy

Moderator: Meredith Broadbent, Senior Adviser (Non-Resident), CSIS and former Chairman of the International Trade Commission

 

Summary:

The webinar began with Pam Olson giving a brief overview of international norms when it comes to international taxation, as well as when those norms began to come into question. She then discussed how the debate over these norms led to the OECD project Base Erosion Profit Shifting. This project did not investigate how taxing rights should be allocated due to the U.S. push back, despite taxing rights not being directly on the table, there was certainly under the table discussion of taxing rights in the BEPS project. 

Olson then provided a summary of the U.S.’ 2017 tax reform act and where those tax rules drew their inspiration from, much of which came from the BEPS project. The U.S. and the OECD came to a recognition in 2017 that it was time to reevaluate Digital Services Taxes. Olslon also went over what the U.S.’ current perspectives are on DSTs, including a newfound hesitancy for the OECDs tax proposal due to COVID-19. Olson then emphasized the need for a global agreement given the inconsistencies in DSTs across the globe. 

Meredith Broadbent then followed Olson’s statement asking Olson to go over the politics of the U.S. companies that are most often subject to DSTs.

Grant Aldonas then shifted the focus of the conversation to the impacts of DSTs on trade. Aldonas clarified that DSTs are not income taxes, but taxes on gross revenue. Aldonas stated that these are “tariffs on services” and noted how this is the first time there has ever been a tariff on services. Aldonas then went in depth on the USTR’s Section 301 including how it does not limit the definition of what a trade agreement is. Aldonas discussed how DSTs raise issues based on rules of non-discrimination, specifically with the French, British, and Czech DSTs. He went on further to discuss how India’s taxes violate GATT rules. 

Aldonas concluded his remarks by focusing on the economic harm that comes from DSTs. Aldonas stated that these economic harms should be used to motivate and outline the regulations for DSTs. He also left us with his prediction on what he thinks the future of this problem holds, remarking how he believes it will only metastasize as governments look to widen the tax base, post COVID-19.

The webinar then concluded with a Q & A session that featured questions on domestic interest in DSTs, what companies could be subject to DSTs, DST models and how they differ, and more.

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