Legal Practice Notes

This Practice Note outlines the UK’s financial and trade sanctions framework created by the Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018). Introduced to provide a resilient domestic system after Brexit, it allows the UK to impose a comprehensive range of sanctions to meet UN sanctions obligations, including: financial sanctions director disqualification sanctions immigration sanctions trade sanctions aircraft sanctions shipping sanctions other sanctions What is the background to the UK’s domestic sanctions regime? ‘ Sanctions’ describes a set of tools intended to create adverse effects for foreign states or designated persons (individuals or corporate entities) for specified aims—most often foreign policy, and sometimes counter-terrorism. These measures place prohibitions and obligations not only on the targets themselves, but also on third parties who trade with, or otherwise deal with, them. For detailed guidance, see Practice Note:...

This Practice Note sets out a concise overview of mechanisms for enforcing copyright across borders. An international system of copyright enforcement Copyright is a territorial intellectual property right, safeguarding a work only within the bounds of a single country. As early as the nineteenth century, this limitation was acknowledged as a challenge for rights holders. Copying abroad became simpler, yet owners had no recourse, since their rights were recognised solely in their home jurisdiction and carried no force beyond it. As a result, demands grew for a unified international approach to copyright. Such a framework now operates, built on four conventions. Central to it is the rule of national treatment: a copyright holder is treated as though they are a national of the country where the infringement occurs and may invoke that country’s copyright laws. Those wishing to rely on this...

This Practice Note offers practical guidance on the rules of origin applicable to trade in goods under the Comprehensive and Progressive Agreement for Trans- Pacific Partnership ( CPTPP) between parties. This guidance excludes, in particular, the specific regional value content requirements applicable to certain automotive goods. Introduction Rules of Origin are the criteria used to establish a product's origin. Under the CPTPP, these rules are significant for trade between the parties to the CPTPP, because only those goods regarded as originating within CPTPP territories can obtain preferential tariff treatment, most of which is, in practice, zero-rated. For further direction on trade in goods under the CPTPP, and on the corresponding tariff commitments that apply, please see Practice Note: UK's trade in goods under the Comprehensive and Progressive Agreement for Trans- Pacific Partnership. Goods that are non-originating are subject to the tariff treatment generally provided for under the World Trade...

ARCHIVED : This Practice Note is archived and no longer updated, and it will not be revised further or maintained going forward. It formerly outlined the investigative powers of the US Department of Justice ( DOJ) and the Securities and Exchange Commission ( SEC) in relation to bribery and corruption offences under the Foreign Corrupt Practices Act 1977 ( FCPA 1977), before the Executive Order of February 2025 halting all investigations and prosecutions under the Foreign Corrupt Practices Act ( FCPA) and the subsequent publication of revised DOJ guidance for FCPA investigations and enforcement. For more detailed information, consult the DOJ FCPA Guidelines and the following News Analyses: Foreign countries have strong foundation to fill FCPA void DOJ signals major shift in white collar enforcement priorities Feds reboot FCPA agenda with narrower enforcement focus The US Foreign Corrupt Practices Act 1977 ( FCPA) forms part of US...

This Practice Note sets out practical guidance concerning the financial services trade commitments entered into by Australia and the UK under the Aus- UK Free Trade Agreement ( FTA). In doing so, it explains national treatment, most-favoured-nation ( MFN) obligations, market access disciplines, the Parties’ specific undertakings, non-conforming measures, and applicable exceptions. Introduction The Parties to the Aus- UK FTA agreed a range of trade disciplines, including on trade in goods, services, trade remedies, sanitary and phytosanitary rules, and technical barriers to trade. They also adopted general commitments on trade in services. For commentary on those, see Practice Note: Trade in services in the Aus- UK FTA. Those commitments do not extend to trade in financial services. Instead, the Parties included tailored provisions on trade in financial services in chapter 9 of the Aus- UK FTA. These are distinct from the general services...

This Practice Note sets out practical guidance on the health certification rules for importing into the UK medium-risk animal products, specified plants and plant products, composite products, and high-risk food and feed of non‑animal origin shipped from the EU as from 31 January 2024. Introduction Following the UK’s departure from the EU customs union in 2020, the UK was required to create its own border arrangements for goods arriving from the EU, with this obligation commencing on 1 January 2021. From that date, UK goods entering the EU faced full EU border checks. The UK, however, did not apply any border controls to EU imports until 1 January 2022. For guidance on the measures introduced at that point, see Practice Note: New UK border control with the EU as from 1 January 2022. The UK aimed to introduce EU border controls in phases, giving UK...

This marks the first time the findings of a WTO panel have been taken on appeal under the Multi- Party Interim Appeal Arbitration Arrangement ( MPIA). The arbitrators confirmed most of the panel’s contested legal determinations. What are the practical implications of this case? As the first appeal of a panel report invoking Article 25 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ( Dispute Settlement Understanding) in conjunction with the MPIA, it offers direction for future appeals overseen by the MPIA, see Practice Notes: Introduction to the World Trade Organization Dispute Settlement and Multi-party interim appeal arbitration arrangement. What was the background? This was an Article 25 Dispute Settlement Understanding appeal to the MPIA concerning selected issues of law and legal interpretation arising from the WTO panel report, Colombia— Anti- Dumping Duties on Frozen Fries from Belgium, Germany and the...

This Practice Note monitors live European Commission ( EC) trade remedy investigations. The Directorate General for Trade Defence within the EC examines dumping, subsidies and safeguards, and advises when anti-dumping, countervailing or safeguard measures should be applied to protect the EC’s domestic industries. It also undertakes numerous reviews of measures already imposed. Live EC trade remedy investigations and reviews. Citric acid— Case R851, People’s Republic of China: Expiry Review, Article 11(2); Notice of Initiation—14/04/2026. Grain-oriented flat-rolled products of silicon-electrical steel— Case SAFE011, Erga Omnes: Initial investigation SFG, Article 00; Notice of Initiation—27/03/2026. Aluminium extrusions— Case R850, People’s Republic of China: Expiry Review, Article 11(2); Notice of Initiation—27/03/2026. Copper tubes— Case AD750, Uzbekistan, Mexico, Vietnam, People’s Republic of China: Initial Investigation, Article 5; Notice of...

The Practice Note offers practical direction on the evidence used in anti-dumping investigations. It sets out the procedural obligations an investigating authority must follow when asking for evidence, the rights of interested parties to supply it, and their entitlement to protect their interests through submitting evidence. It also covers the duty to treat information as confidential when so claimed, the requirement to verify submitted material, and the circumstances in which investigating authorities may rely on other facts to reach a determination. It further considers occasions where the investigating authority may select only some interested parties to take part in an investigation. Initiation of investigation Before imposing anti-dumping duties, under the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade, 1994 (‘the Anti-dumping Agreement’) Member States must conduct an investigation. The investigation proceeds after it has been...

This tracker monitors the EU’s negotiated trade deals that are already in force. It covers provisional arrangements that facilitate commerce whilst talks on a definitive free trade agreement are underway, or until a final free trade agreement enters into force. It also lists agreements with a trade element, even where these do not amount to a comprehensive free trade agreement. Country Agreement Albania — Stabilisation and Association Agreement Algeria — Euro- Mediterranean Association Agreement Andorra — Customs Union Antigua and Barbuda — Economic Partnership Agreement Armenia — Comprehensive and Enhanced Partnership Agreement Azerbaijan — Partnership and Cooperation Agreement Bahamas — Economic Partnership Agreement Barbados — Economic Partnership Agreement Belize — Economic Partnership Agreement Bosnia and Herzegovina — Stabilisation and Association......

This Practice Note offers practical guidance on free trade agreements. It explains the differences between reciprocal and preferential trade agreements, and provides practical direction on the respective legal bases and the conditions that must be met in free trade agreements covering trade in goods and services. Introduction The World Trade Organization ( WTO) provides the shared institutional framework for managing trade relations among its Member States. The multilateral trade agreements, which bind all Members, are central to those relations. The two plurilateral agreements play a more limited role, as they concern only government procurement and trade in civil aircraft, and apply solely to those Member States that have acceded to them. Free trade agreements now hold a central place within the institutional structure of trade relations among Member States. There are hundreds of such agreements currently in force among Members. Member States are drawn to free trade...

This Practice Note sets out how to challenge designations made under the UK’s domestic sanctions regime created by the Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018). Introduced to secure a robust post- EU sanctions framework, SAMLA 2018 enables the UK to apply financial, immigration, trade, aircraft, shipping and other sanctions necessary to meet United Nations ( UN) sanctions obligations. UK sanctions established under SAMLA 2018 that replaced EU or UN measures came fully into effect at the end of the implementation period ( IP completion day). For further guidance, see Practice Note: Development of sanctions regime in the UK post Brexit—timeline. For information on the UK domestic regime under SAMLA 2018, see Practice Notes: The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force. The impact of a sanctions...