Trade Clippings - September 1 to September 8, 2014

Dear International Trade and Investment Committee Members, 

Here are the international trade and investment articles and publications of interest for the week of September 1 to September 8. This week’s edition has been curated by Dr. Paresh Pandya. 

News

Diane Cardwell, “Solar Company Seeks Stiff U.S. Tariffs to Deter Chinese Spying”, The New York Times (1 September 2014)

• In the daunting battle against corporate online espionage worldwide, one major solar company wants to deploy a powerful and novel weapon: higher tariffs.

Joe Cogliano, “U.S. manufacturing boom continues”, Dayton Business Journal (2 September 2014)

• U.S. manufacturing posted its strongest numbers in more than three years, which seems to mirror the optimism I’m hearing around town.

Neil Gough, “Western Companies Appear to Push Back Against Chinese Crackdown” (3 September 2014)

• For months, foreign companies in China have been quietly enduring increased scrutiny from Chinese government antitrust enforcers, issuing only occasional terse statements as they have been increasingly targeted by surprise raids on their offices, protracted investigations of their operations and escalating fines.

John Bresnahan and Jake Sherman, “House GOP moves toward Export-Import Bank deal”, Politico (3 September 2014)

• House Republican leaders will try to extend the Export-Import Bank’s authorization in the next few weeks, according to GOP sources.

Inside US Trade, “Groser Predicts TPP Negotiations Will Not Be Concluded This Year” (5 September 2014) (subscription required)

• New Zealand Trade Minister Tim Groser has become the second minister from a Trans-Pacific Partnership (TPP) country to predict that the negotiations will not be concluded this year, even as President Obama has set a November deadline for producing a substantial outcome in the talks.

Government Announcements/Press Releases

World Trade Organization, “Ecuador launches safeguard investigation on floors of wood and bamboo and accessories” (2 September 2014)

• On 2 September 2014, Ecuador notified the WTO’s Committee on Safeguards that it initiated on 28 August 2014 a safeguard investigation on floors and wood and bamboo and accessories.

Commentary and Editorials

Paul Pimentel, “Overview of the United Kingdom Bribery Act”, Blaney McMurtry LLP (5 September 2014)

• Like the Corruption of Foreign Public Officials Act1 ("CFPOA") and U.S. Foreign Corrupt Practices Act2 ("FCPA"), the UK's Bribery Act 20103 ("UKBA") has extra-territorial application. It also has unique offences and is considered more stringent than either the FCPA or the current CFPOA.

Anton Tchajkov, “Understanding The Basics: Non-Disclosure Agreements”, Norton Rose Fulbright Canada LLP (5 September 2014)

• One of the first steps in an M&A transaction is the signing of a non-disclosure agreement (NDA), also referred to as a confidentiality agreement. Although NDAs can be used in many different situations, in the M&A context these agreements are an essential prerequisite to the sharing of company information and the formal due diligence process.