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Scopelitis International eNewsletter: November 2018

by Braden K. Core, Jacob R. Fisher, John  N. Hove, Nathaniel G. Saylor

Nov 27, 2018

 

Scopelitis International eNews – November 2018

Iran Sanctions Update. As the final part of the rollback of the sanctions relief afforded Iran under the Joint Comprehensive Plan of Action, on November 5, 2018 the United States re-imposed all remaining secondary sanctions on Iran. President Trump’s Executive Order 13846 placed sanctions on many non-U.S. entities operating or engaged in Iran’s maritime, aviation, banking, insurance and energy sectors. In connection with those sanctions, over 700 companies, physical assets and individuals were designated on the List of Specially Designated Nationals and Blocked Persons, and general licenses authorizing the “wind down” of certain transactions with Iran were revoked. United States authorities are expected to press aggressively forward with full enforcement of all sanctions. Both U.S. and non-U.S. companies involved with business activities in any way related to Iran must carefully consider their obligations under U.S. law, as well as other sanctions regimes, including those of the EU.

TIACA Air Cargo Forum 2018. October 16-18, Jacob Fisher attended The International Air Cargo Association (TIACA) Air Cargo Forum in Toronto, Canada. The Forum brings together a wide range of air cargo industry participants, including ground handlers, forwarders, air carriers and airport representatives. Educational sessions focused on various topics, including regulatory matters, the impact of developing technologies, and the volatile commercial environment due to, among other things, the state of trade relations between the United States and China. With respect to air cargo volumes, demand remains high but is off the record levels seen in 2017. However, the more modest increases in demand this year have been offset by increases in capacity, save for in the Latin American and African markets.

GDPR OFFSPRING. The EU’s General Data Protection Regulation is being emulated, or at least influencing similar legislation, in several jurisdictions. Regulations that include provisions that duplicate or closely resemble GDPR requirements and rules have recently been proposed or enacted in India, Brazil, China, Philippines, Canada and California. While many of the concepts are familiar, the scope of application differs in some instances. For example, the law in India and Brazil will clearly have extra-territorial application while applicability in other jurisdictions may require a more careful analysis. In the Philippines, personal information collected from residents of foreign jurisdictions is exempt from application of the law while the availability of a similar exemption which would exempt intra-group processing performed by multi-national companies with back-office facilities in India is still unclear. Applicable data protection rules should be identified in every jurisdiction where a company collects or processes personal data.

FREIGHT FORWARDER CONTRACT??? It’s no secret that a stand-alone, detailed, customer-specific, transaction-specific, written freight forwarding contract is a rare commodity. There are all manner of patch together arrangements involving conventions, standard industry documents, published terms, industry association terms and even carriage and freight documents. A variety of these may be incorporated in an understanding between the forwarder and its client or understood to apply. It should come as no surprise that the result is not always as anticipated. The laws of different jurisdictions interpret the role of the forwarder (and its responsibilities and liability) differently and have different requirements for what procedures and language are required to recognize the terms of a referenced document. It’s always prudent to determine what law applies to a given transaction and understand the resulting contract implications.

For more information on the latest in international transportation law, contact a member of Scopelitis’ International Transportation & Logistics Law team - Nathaniel Saylor, Braden Core, John Hove, or Jake Fisher, or your Scopelitis contact.

 

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Scopelitis practice area newsletters are intended as reports to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.

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