Tag Archives: WTO

Mark Warner was interviewed on BNN about China’s requested WTO dispute consultations with the United States and the European Union regarding special calculation methodologies used by the US and EU in anti-dumping proceedings and the impact of this dispute for Canada. (December 12, 2016) When China joined the WTO in 2001, its accession terms allowed other WTO members to treat it as a “non-market economy” but part of that clause expired on December 11th, 2016.  Mr. Warner, a Canadian and U.S. lawyer, has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark Warner was interviewed on BNN about prospects for a renewed Canada-U.S. softwood lumber trade war in the wake of the expiry of the one year standstill on U.S. trade remedy actions following the end of the Softwood Lumber Agreement on October 12, 2015. (October 12, 2016) Mr. Warner is a Canadian and U.S. lawyer and was Legal Director of the Ontario Ministry of Economic Development & Trade where he advised Ontario in the CETA negotiations and on various NAFTA trade and investment disputes. Mr. Warner has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.  

Mark Warner was quoted in this article carried in Reuters, CNBC, the Daily Mail and Yahoo Finance on Brazil’s threat to challenge the Quebec Government’s financial support for Bombardier in the World Trade Organization (WTO). (July 15, 2016) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade providing strategic legal advice with respect to the Ontario’s economic development, research and innovation grants and loans to corporations including Bombardier. In addition, Mr. Warner provided advice to the Government of Ontario on the design of the Green Energy Act and related WTO dispute settlement proceedings, participated in the Canada-European Union Trade Agreement (CETA) negotiations, and advised on various North American Free Trade Agreement (NAFTA) Chapter 11 investor-state arbitration matters involving Ontario. Mr. Warner, a Canadian and U.S. lawyer, has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark Warner was invited to react to about Prime Minister Trudeau’s comments about criticism of the North American Trade Agreement (NAFTA) in the U.S. election campaign in a BNN interview. (June 9, 2016) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario in the CETA negotiations and on several NAFTA Chapter 11 Investor-State Arbitrations. Mr. Warner, a Canadian and U.S. lawyer, has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mark Warner was quoted in a Tax Notes International Article on the recent decision of the WTO Appellate Body on Panama’s challenge to certain Argentinian “defensive” measures on financial services and service providers from certain jurisdictions that do not cooperate or agree to information sharing in tax  enforcement. (April 19, 2016) The WTO Appellate Body circulated its decision on April 15th. The panel decision is particularly important in light of the recent threats by the G20, the European Union and the United States to sanction tax havens after the Panama Papers scandal. As counsel at the OECD Trade Directorate, Mr. Warner advised on harmful tax competition issues and previously worked on other trade and competition issues. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade participated in the Canada-European Union Trade Agreement (CETA) negotiations including the chapters on investment and trade in services. Mr. Warner advises governments and business clients on trade policy, trade disputes and trade negotiations.

Mark Warner published a Comment in the Globe and Mail Report on Business on recent WTO dispute settlement decisions relating to tax avoidance and money laundering. (April 16, 2016) The recent Panama Papers unauthorized release of confidential documents for many offshore entities has, like the 2014 LuxLeaks release, shone a spotlight on tax havens and enforcement co-operation among tax authorities. Two recent WTO dispute settlement panel decisions involving Panama are particularly important in light of the recent threats by the G20 and the European Union to sanction tax havens after the Panama Papers scandal. The first case involves a challenge by Panama to certain Argentinian “defensive” measures on financial services and service providers from certain jurisdictions that do not cooperate or agree to information sharing in tax  enforcement. The WTO Appellate Body circulated its decision on April 15th. The second cases involves a challenge by Panama to a compound tariff imposed on textile goods by Columbia to counter alleged money laundering. The WTO Appellate Body decision in this dispute is pending.

As counsel at the OECD Trade Directorate, Mr. Warner advised on harmful tax competition issues and previously worked on other trade and competition issues. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade participated in the Canada-European Union Trade Agreement (CETA) negotiations including the chapters on investment and trade in services. Mr. Warner advises governments and business clients on trade policy, trade disputes and trade negotiations.

Mark Warner served as a panelist at the All-American Regional Round (AARR) of the 14th annual European Law Students’ Association (ELSA) Moot Court Competition (EMC2) on WTO Law. The Round was held at the Faculty of Law at Queen’s University in Kingston, Ontario March 3-5, 2016 and Mr. Warner was a panelist in the Grand Final, Semi-Final and Preliminary Rounds of pleadings. As Legal Director of the Ontario Ministry of Economic Development & Trade, Mr. Warner provided advice to the Government of Ontario on the design of the Green Energy Act and related WTO dispute settlement proceedings, participated in the Canada-European Union Trade Agreement (CETA) negotiations, and advised on various NAFTA Chapter 11 investor-state arbitration matters involving Ontario. Mr. Warner advises businesses and governments on trade negotiations and trade disputes. He also previously worked on trade and competition issues as counsel in the OECD Trade Directorate where he participated in the negotiations of the Multilateral Agreement on Investment and represented the OECD at meetings of the WTO Working Group on Trade and Competition Policy and the Working Group on Trade and Investment.

Mark Warner participated in a Conference to address Global Tax Initiatives Affecting Trade and Investment in Services in Panama with Aristides Royo, Former President of Republic of Panama, Gian Castillero, President of the Panamanian Association of International Lawyers and  Daniel J. Mitchell, Senior Fellow at the Cato Institute. (November 19, 2015) Mark will discuss recent international tax and investment initiatives of the OECD, UNECOSOC, UNCTAD and the Argentina / Panama WTO panel decision on countermeasures on services and service suppliers from jurisdictions that do not exchange information for the purposes of fiscal transparency.

Mark has advised on foreign corrupt practices, foreign asset controls, anti-money laundering and export controls issues, including assisting various multinational firms in developing compliance programs in these areas. Notable work included: advising a multinational pharmaceutical company in connection with corruption issues relating to its “access” drug distribution program in Africa; advising on the OECD horizontal work on Harmful Tax Competition and Financial Disclosure as an OECD legal counsel and in private practice; and serving as a member of the Task Force on Information Exchange and Financial Privacy of the Prosperity Institute, chaired by former Senator Mack Mattingly and with former Congressman Jack Kemp and former U.S. Attorney General Ed Meese.