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Les Brèves by DS Avocats
On 15 November 2020, the Member States of the ASEAN and 5 regional partners being Australia, China, Japan, Korea and New Zealand, met virtually to witness the signing of the Regional Comprehensive Economic Partnership (RCEP) Agreement after 8 years of ASEAN-led grueling negotiations.
The world’s largest free trade arrangement, “the RCEP is an unprecedented mega regional trading arrangement covering a market of 2.2 billion people, or almost 30% of the world’s population, with a combined GDP of US$ 26.2 trillion or about 30% of global GDP, and accounts for nearly 28% of global trade”. The RCEP also represents the first ever free trade agreement between China, Japan and South Korea and is highly symbolic in a time of trade tensions and tariffs.
On September 25, 2020, the Indonesian President ratified the Agreement of October 11, 2018 on the Promotion and Protection of Investments between the Republic of Indonesia and the Republic of Singapore (“ISBIT”) under Presidential Regulation No. 97 of 2020, which entered into force on September 29, 2020.
In our newsletter we would like to inform you regularly about news and general information in the field of law and business in Europe and Germany in particular. We hope you find this useful and wish an enjoyable read!
Recent developments and measures related to the coronavirus pandemic in the EU and Germany
Further news related to trade and law : Stricter foreign trade law for foreign investors for foreign investors / New European Dual-Use Regulation is coming! / European Commission wants to improve protection of intellectual property / New ICC Force Majeure and Hardship Clauses 2020 / Recent European Anti-Dumping Measures / New reorganization law to come in early 2021! / Recent major insolvency proceedings
As of 2 December, the following border control measures related to COVID-19 apply when traveling to Singapore.
As part of the EU’s $4 billion countermeasures against the US, the European Commission adopted on November 7, 2020 an Implementing Regulation 2020/1646 to impose an additional 25% duty on certain US products such as vanilla, cereals, dairy products, fruits and vegetables, etc.
Tensions between the European Union and the United States are not new. It all began with illegal aid granted by the European Union to Airbus, causing commercial damage to its American competitor Boeing.
To promote fair employment practices and improve labour market transparency, employers submitting EP applications must first advertise on MyCareersFuture, and consider all candidates fairly.
From 28 September 2020, the updated Requirements for Safe Management Measures (“SMM”) at the Workplace will take effect.
A practical cross-border insight into renewable energy law -First Edition
Our lawyers, Véronique Fröding and Stéphane Gasne, authored the Q&A chapter on France’s renewable energy overview in the recently published “The International Comparative Legal Guide – Renewable Energy 2021”
The Standing Committee of the National People’s Congress enacted on October 17th, 2020 the Export Control Law (“Final Version”) which will come into force on December 1st, 2020
A brief by the Customs and International Trade team of DS Avocats
The European Court of Justice confirms the possibility of including in the customs value of a product the cost of an intangible good designed in the EU and made available free of charge to the third party seller by the purchaser.
A brief by the Customs and International Trade team of DS Avocats
Delayed several times, this new definition will enter into force in France on October 1st, 2020.
A brief by the Customs and International Trade of DS Avocats
The JSS will be extended by up to seven months to cover wages paid up to March 2021.
A brief by the Singapore team of DS Avocats
On June 17, 2020, the National Assembly has passed the new Law on Investment and the new Law on Enterprise, whose major changes will take effect as from January 1, 2021.
Six months after the publication of a first draft, the Chinese export control bill was submitted to the Standing Committee of the Chinese National Congress for a second examination on the 28th of June 2020. The revised version (the Second Version) subject to public consultation until August 16th, 2020.
Due to a new Covid-19 outbreak in Beijing in early June originated from a wet market, where the genetic traces of the virus was found on a chopping board used to cut salmon (which is said to have come from Europe), some local customs implemented quarantine procedure for 100% imported salmon and frozen food, although no official notification was issued to impose this kind of measure.
As a reminder, the United Kingdom left the European Union on January 31, 2020. The withdrawal agreement between the EU and the United Kingdom provided for a transitional period ensuring that EU law will continue to be apply in the United Kingdom from 1 February 2020 to 31 December 2020.
Moving into Phase Two. Singapore moved into Phase Two after 18 June 2359 hours.
In the context of restrictive measures adopted pursuant to Article 215 of the Treaty on the Functioning of the European Union, national competent authorities (“NCA”) of the Member States may request the Commission to provide its views on the application of specific provisions of the relevant legal acts or to provide guidance on their implementation.
The gravity of COVID-19 has not only caused considerable
needs of considering the health and economic impacts of its
outbreak, but the legal implications on employment.
On June 11, 2020, the President Trump signed an Executive Order blocking the property of certain persons associated with the International Criminal Court (‘ICC’).
The US has CROSS, the EU now has CLASS. On 15 May 2020, the European Commission launched its new platform for finding information on the tariff classification of goods.
Reminder: the common rules for protection against dumped and subsidized imports from third countries are contained in Regulations (EU) 2016/10361 and (EU) 2016/10372 of the European Parliament and the Council (hereinafter “basic Regulations”).
The European Blocking Regulation (EC) 2271/96 of 22 November 1996 protecting against the effects of the extraterritorial application of legislation adopted by a third country (“Blocking Statute“), recently amended, prohibits European operators, without authorization, to comply with US sanctions against Iran and Cuba, as listed in its Annex.
On 27 April 2020, the Government of India notified Foreign Exchange Management (Non-Debt Instruments) (Second Amendment) Rules, 2020 (Amendment) amending the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“FEMA NDI Rules”) w.e.f 27 April 2020:
On 17 May, the Ministry of Home Affairs announced that lockdown measures to contain the spread of COVID-19 will continue to be implemented in all parts of India for a further period up to 31 May 2020 and released guidelines on the measures to be taken.
On 12 May, PM Modi announced a 20 trillion Rupees support package for India’s economy, further detailed by Finance Minister Nirmala Sitharaman on 13 May (“ABA Package”).
Reminder: on December 5, 2017, the Council adopted the VAT package on electronic commerce which included a directive and two regulations. Furthermore, on November 21, 2019, the Council adopted implementing measures for the VAT package by Council Directive (EU) 2019/1995 and Council Implementing Regulation (EU) 2019/2026.
On 9th May, Singapore announced that restrictions will be gradually relaxed and economic activities will selectively resume. To prevent the re-emergence of community cases, the tripartite partners – the Ministry of Manpower (MOM), …
On April 24, Michel Barnier presented the state of negotiations and recalled the deadlines to come …
The Ministry of Commerce (MOFCOM), the Customs Administration and the Market Regulation Administration (MRA) have jointly promulgated Circular  No.12, applicable from April 26, 2020.
In light of the COVID-19 situation, some companies may have difficulties holding their Annual General Meetings (AGMs) and filing their Annual Returns (ARs).
The Prime Minister announced on 21 April 2020 that the circuit breaker measures will be extended until 1st June 2020 (instead of 4th May 2020).
By Press Note No. 3(2020 Series) dated 18 April 2020, the Government of India has reviewed the extant FDI policy and amended para 3.1.1 of extant FDI policy as contained in Consolidated FDI Policy,
Faced with an increasing number of complaints concerning the quality of sanitary products imported from China, the Chinese government has drastically strengthened pre-export controls.
The Canadian Intellectual Property Office (“CIPO”), has decided to extend the deadlines for monitoring trademark and design registration procedures due to the COVID-19 pandemic.
On 14th April 2020, the Government of India extended the lock-down till 3rd May 2020. All restrictions that have been imposed in various sectors and on various activities (as spelt out in the Consolidated Guidelines of MHA) remain in force.
On 6th April 2020, the Government announced a supplementary Budget 2020 known as the Solidarity Budget complementing the relief measures introduced under Budget 2020 on 18th February 2020 and the subsequent supplementary Resilience Budget on 26th March 2020, …
In application of article 302M quater of the General Tax Code, introduced by the Finance law for 2020, a decree has just been adopted (No 2020-338 of March 26, 2020: article 111 septdecies, Annex III of the General Tax Code) aimed at simplifying the tax treatment of wine & alcohol flows.
By virtue of the latest Legislative Act issued on 30.03.2020, a set of new measures is introduced to address the severe consequences of the Covid-19 pandemic
The Ministry of Law of Singapore (“MinLaw”) has announced its intention to introduce the COVID-19 (Temporary Measures) Bill (“Bill”) in Parliament next week.
On March 11th, 2020, the World Health Organization (WHO) declared the COVID-19 as a pandemic. As a consequence, the Argentine Republic implemented the following measures in order to prevent the spread of the virus.
The Government of India declared the COVID-19 a ‘notified disaster’ under the Disaster Management Act, 2005, which enables the country to provide assistance and spend more funds to fight the pandemic.
As part of the current crisis related to the COVID-19, many employers have in recent weeks had to review their working methods.
Dealing with the public health emergency of COVID-19, from mid – March onwards the French government has progressively adopted measures to face the coronavirus crisis in order to protect its citizens’ health as well as French companies’ business.
On 26th March 2020, the Government announced a Supplementary Budget 2020 known as the Resilience Budget which further and addresses the rapidly evolving COVID-19 situation and the impact on Singapore’s economy and society.
Faster than during the 2008-2009 crisis, and almost as quickly as the spreading of the Covid-19 virus … that’s how the EU’s response to the current pandemic crisis can be characterized.
Dear Friends, The world is facing some difficult times due to the COVID-19 pandemic. The rapid proliferation of cases across an increasing number of countries is a cause of global concern.
For several weeks now, France has been actively fighting against the coronavirus. In addition to health measures, the Government has adopted various texts as a matter of urgency in order to put an end to speculation in strategic health products and limit the movement of French people.
Strengthening the health system, by allocating a budget of at least €200M, in addition to the current budget of the Ministry of Health. The Ministry of Health will be given all the additional funds it needs to fight the spread of the coronavirus.
Suite à la loi n°2020-290 du 23 mars 2020 d’urgence pour faire face à l’épidémie de Covid-19, le Gouvernement a pris ce jour de nombreuses ordonnances édictant des mesures dans des domaines variés.
The Ordinance on various measures for adapting the rules for the award, procedure or execution of contracts subject to the code of public procurement and public contracts that do not fall under it during the health crisis caused by the covid-19 epidemic, issued pursuant to Article 11 of Law No. 2020-290 of 23 March 2020 on emergency measures to deal with the covid-19 epidemic, was published in the OJ of 26 March (Order No. 2020-319).
Its content encourages buyers to agree to a certain number of flexibility measures, with the aim of protecting economic operators and allowing contracts to get back on track at the end of the health crisis.
In this current context of unprecedented health crisis, in view of the quarantine measures ordered by the Government, the professional organizations of the construction industry and the Executive face
major difficulties in reaching a consensus as to whether or not to continue work on construction sites, …
To cope with the crisis originated by the Covid-19 pandemic, the central government has taken strict control measures, including but not limited to traffic control, spring festival extension, and work and school resumption delay.
Companies can request to postpone, without penalty and condition, the payment of their next direct tax installments (advance payment of corporate income tax, payroll tax, Corporate Property Tax called “CFE”, Contribution on the added value of companies called “CVAE”) using a special form available on the French tax authorities website.
On March 15 and 18, 2020, the following regulations aimed at preventing the spread of the Coronavirus (COVID-19) in Peruvian territory were published, …
The new law decree “Cura Italia” of 17 March 2020, published on 18 March 2020 in the official bulletin (Gazzetta Ufficiale), provides for various measures to support employees and companies affected by the Covid-19 pandemic.
Canada has introduced, over the past fourteen days, drastic measures to stem the propagation of the Covid-19 virus among its citizens.
As announced on March 10, the evolution of the spread of the coronavirus is assessed every day, as the situation is constantly changing. In light of the most recent developments, the National Security Council met on Thursday 12 March in the presence of and in consultation with the Ministers President.
The INPI – Institut National de la Propriété Industrielle, and the EUIPO – European Union Intellectual Property Office, have decided to extend the deadlines for monitoring trademark and design registration procedures due to Coronavirus pandemic.
In recent weeks, a series of extraordinary measures have been decreed in order to mitigate the economic effects of the health emergency generated by Covid-19, especially after the World Health Organization (WHO) officially declared a pandemic on 11 March 2020.
For Germany, which had an extremely solid economy until now, the coronavirus is a serious challenge for the whole society. Not only citizens but also companies are concerned.
On 18 March 2020, the President of the Republic of Chile, Mr. Sebastián Piñera, declared a state of constitutional exception, the “State of Catastrophe”, …
The DGDDI explains that at present the emergency measures taken by the government only concern direct taxes. Duties and taxes collected by the customs administration are therefore not included.
Alors que le Gouvernement indiquait initialement que le coronavirus constituait une circonstance de caractère exceptionnel permettant aux entreprises de bénéficier du dispositif d’activité partielle, il semble avoir donné des instructions nettement plus strictes aux DIRECCTE qui sont chargées d’instruire les demandes d’activité partielle.
Measures introduced as of 18th March 2020. From 31 January 2020, MOM will reject all new work pass applications for foreign workers from mainland China until further notice. Renewal applications for existing work pass holders will not be affected.
COMPLETE TRAVEL BAN. No scheduled international commercial passenger aircraft shall take off from any foreign airport for any airport in India, after 00:01 hrs GMT of March 22, 2020 (*i.e. 05:31 hrs Indian Standard Time (IST) of March 22, 2020). These instructions shall remain in force till 0001 hrs GMT of March 29, 2020.
Following the various announcements of the French government, and in order to protect people from the effects of the coronavirus pandemic, you will find hereafter the main measures put in place to date in order to best organize your business.
From 1 May 2020, the minimum qualifying salary to apply for an employment pass in Singapore will be raised from $3,600 to $3,900 for new applications.
From 4 March 2020, 2359 hours, all new visitors with recent travel history to Korea, northern Italy* and Iran will not be allowed entry or transit through Singapore.
With effect from 1 February 2020, all new visitors with recent travel history to mainland China (within the last 14 days) will not be allowed entry into Singapore, or to transit through Singapore. This applies to individuals regardless of their nationality.
China’s current legal framework for export control is recent (dating from the 1990s) and therefore incomplete. It consists of various laws (such as the Customs Law, the Foreign Trade Law and the Chinese Criminal Law) and administrative rules and regulations, which were last amended more than ten years ago.
The Finance Minister, Mrs. Nirmala Sitharaman, presented the budget for the year 2020-2021 to the Parliament on 1 February 2020 in a context of economic slowdown and social unrest.
On 8 February 2019, the Ministry of Corporate Affairs released the Companies (Significant Beneficial Owners) Amendment Rules, 2019 (“New SBO Rules”), amending the Companies (Significant Beneficial Owners) Rules, 2018 (“SBO Rules”), introducing in India a significant beneficial owner (“SBO”) disclosure regime.
The recent outbreak of 2019-nCoV (coronavirus), declared a Public Health Emergency of International Concern (PHEIC) by the World Health Organization on 30 January 2020, has had, and is expected to have for months, significant impact on global operations.
As a reminder: Brexit should have taken place on 29 March 2019, 2 years after the United Kingdom’s invocation of Article 50. The Heads of State and Government have twice delayed the United Kingdom’s exit from the Union.
As a reminder: Brexit should have taken place on 29 March 2019, 2 years after the United Kingdom’s invocation of Article 50. The Heads of State and Government have twice delayed the United Kingdom’s exit from the Union. On 21 March 2019, 8 days before the initial date, they granted a delay until 12 April if Theresa May failed to ratify the agreement approved on 25 November 2018. On 10 April, in the absence of ratification, they agreed to extend this deadline until 31 October.
As a reminder, the inward processing procedure (IP) allows third-country goods to be imported into the Union, processed or repaired before being re-exported or released for consumption.
On December 3, 2019, the US Government announced its intention to impose additional duties on a limited number of products originating from France imported into the US, up to 100% of their value.
Following our client alert of 19 February, we confirm that the EU-Singapore Free Trade Agreement (FTA) will enter into force on 21 November 2019.
Good news for the franchise sector in Indonesia which revoked most of the previous regulations imposing requirements for the registration and operation of franchises.
As a reminder: Brexit should have taken place on 29 March 2019, 2 years after the United Kingdom’s has invoked the applicability of Article 50. The Heads of State and Government have twice delayed the United Kingdom’s exit from the Union. On 21 March 2019, 8 days before the initial date, they granted a delay until 12 April if Theresa May failed to ratify the agreement approved on 25 November 2018. On 10 April, in the absence of ratification, they agreed to extend this deadline until 31 October.
The free movement of goods within the internal market is a founding and essential element of the European Union. The protection of consumers, including their safety, as well as the protection of the environment as regards goods consumed within the Union are high priorities of the European Parliament.
The EU-Japan Economic Partnership Agreement is effective since February 1, 2019. It provides for immediate customs duties removal for more than 90% of EU and Japanese originating products.
French Customs Authorities disclosed precise information early September 2019 regarding the representation of non-established operators for customs clearance purposes.
On 31 July 2019, the Ministry of Corporate Affairs introduced the Companies (Amendment) Act, 2019 (“Amendment”), replacing the Companies (Amendment) Ordinance, 2018 (“Ordinance” previously discussed hereand crystallising most of its provisions (as further amended in 2018 and 2019).
India is amending its arbitration law again (the Arbitration and Conciliation Act, 1996, the “Act”). A dramatic reform of the Indian arbitration landscape started in 2012 with the first of a series of decisions of the Supreme Court
of India aiming at reducing the interference of the Indian courts in the international arbitration process.
The newest edition of the International Commercial Terms (Incoterms), “INCOTERMS® 2020” is expected to be released by the International Chamber of Commerce (ICC) on the 13 th of September 2019.
On 30 July 2019, the Reserve Bank of India issued A.P. (DIR Series) Circular No. 04 relaxing the end-use restrictions relating to external commercial borrowings (ECB) for Working Capital requirements, General Corporate purposes and Repayment of rupee loans.
The European Commission had proposed the adoption of a directive on the common system of the Digital Services Tax (DST) applicable to the revenues derived from the provision of certain digital services.
The European Commission had proposed the adoption of a directive on the common system of the Digital Services Tax (DST) applicable to the revenues derived from the provision of certain digital services.
After the entry into force of the agreement establishing the African Continental Free Trade Area (AfCFTA) on May 30th, 2019, Nigeria, Africa’s leading economy, signed said agreement on this July 7th.
As a reminder: the negotiations with Vietnam, a fast-growing and competitive economy whose bilateral trade with the EU has increased fivefold over the past ten years, lasted from 2012 to December 2015.
In yet another step within the sanctions’ approach adopted by the Trump administration to bring Iran to renegotiate the JCPOA, President Trump signed on 24 June 2019 an executive order blocking and prohibiting the transfers, payments, export or withdrawal or otherwise any dealing
During its 48th Session held from 13 – 17 May 2019, the WCO Technical Committee on Customs Valuation (TCCV) has adopted Advisory Opinion 23.1 with respect to the valuation of goods purchased inaflash sale.
Originally scheduled for March 29, 2019, the Brexit was first postponed to April 12 and October 31. This situation implies the participation of the United Kingdom, still a member of the European Union, in the European elections which will take place between 23 and 26 May.
Following a long reflection on the rights and obligations of companies in their relations with customs authorities, engaged at the initiative of ICC France, including various professional organizations, ICC has just adopted a new customs Charter of Facilitation.
As a reminder, the EU-Singapore Free Trade Agreement (FTA) is the first bilateral trade agreement between the EU and an ASEAN country. In 2017, the initial plans to conclude the EU-Singapore FTA were put on hold after an opinion of the Court of Justice of the European Union of 16 May 2017.
In accordance with the Employment (Amendment) Bill passed on 19 November 2018, changes to the Employment Act (“EA”) and Employment Claims Act (“ECA”) announced in our previous Brève are to take effect from 1 April 2019.
The growth in economic partnerships (such as ASEAN) and globalization of commercial relationships are leading to growth in cross border trade, which is in turn inevitably accompanied by an increase in cross-border commercial disputes.
Reminder: the United States announced on May 8, 2018 their withdrawal from the « Joint Comprehensive Plan of Action » (« JCPOA ») regarding Iran and, consequently, began a process to re-impose certain sanctions on Iran that have extraterritorial effect.
French Customs Authorities disclosed precise information early September 2019 on the VAT identification of persons established outside of France and carrying out taxable transactions in France or having to fulfill reporting obligations. Both import and export transactions are concerned.
The most recent World Customs Organization, MENA regional workshop on Free Zones/Special Customs Zones, in Tangier, Morocco, from 28 to 30 January 2019 focused on the administration’s experience running such zones from customs processes and economic benefit’s standpoint.
On 20 December 2018, the Council of the European Union approved the EPA concluded between the EU and Japan and signed on 17 July 2018.
The ECB regime provides a framework for Indian corporates to avail foreign currency loans from an overseas lender. Although he ECB regime has undergone significant changes in the past years, it is still perceived as stringent, with many restrictions.
There are many articles describing cybercrime and the cost it represents for businesses (risk of the loss of data, harm to their knowledge base, risk in terms of image and reputation, and perhaps even a risk for the continuation of business and survival of the firm).
SAFEGUARDS MEASURES ON THE RISE: EUROPEAN AND CANADIAN PERSPECTIVES It has been just over one year since the first announcement
of the steel and aluminum ad valorem tariffs imposed by the United States (US) on March 31, 2018.
Vide Notification dated 19 November 2018, the Central Board of Direct Taxes has notified the changes in Income Tax Rules, 1962 with effect from 5 December 2018.
As a reminder, on 31 August 2018, the Chinese National Congress promulgated the Amendment to the PRC IIT Law (“IIT Amendment”) (cf. our Newsletter of 4 September 2018: China – Individual Income Tax Reform).
On 10 December 2019, the WTO General Council decided to extend the moratorium on customs duties on electronic transmissions for the next 6 months.
On October 2nd 2019, World Trade Organization (WTO) issued its arbitration decision in the Airbus case (DS316), regarding illegal European subsidies granted to Airbus, which paved the way to US countermeasures.