In an international landscape marked by growing geopolitical tensions, active industrial policies, and the strategic use of trade law, U.S. regulations on international trade have an impact that extends far beyond their borders.
Based on a high-level panel organized by the Customs and International Trade Bar Association (CITBA), this article examines how the convergence of trade, defense, export controls, and national security is reshaping the rules of global trade, creating new regulatory risks for companies and economic operators.
From a legal and strategic perspective, Dr. María José Etulain Sórensen examines the effects of these regulatory practices on global value chains and the specific challenges this context poses for Argentina, both in its role as an exporter and as a destination for goods of U.S. origin.
The Collision of Regulatory Regimes
One of the central issues in the current debate on international trade is the overlap of regulatory regimes that were historically analyzed separately. Foreign trade, defense, export controls, and national security now interact intensively, giving rise to a complex regulatory framework that is highly sensitive from a political standpoint.
This convergence explains why decisions related to licensing, restrictive listings, international transit, or supply chains can no longer be assessed solely through a traditional technical or customs-based approach, but instead require a comprehensive understanding of the broader regulatory and geopolitical context.
From a Tariff-Based Approach to Export Controls
A significant shift identified within the U.S. business sector is the relocation of risk focus. Whereas in previous years attention was centered on tariffs and tariff classification, export controls have now emerged as the primary source of uncertainty.
Licensing requirements, restrictions based on national security considerations, and the risk of unauthorized re-exports have become critical factors in commercial decision-making, particularly in transactions involving multiple jurisdictions.
Extraterritorial Impacts and Global Supply Chains
U.S. regulations and practices are not confined to the domestic sphere. Their effects extend extraterritorially, reaching companies, logistics operators, and financial institutions located outside the United States, even when they participate indirectly in transactions involving goods, technology, or capital of U.S. origin.
The requirements of due diligence, sanctions, compliance controls, and the application of “know your customer” (KYC) rules pose significant challenges for those operating within increasingly complex global supply chains.
Specific Implications for Argentina
From Argentina’s perspective, this context presents concrete challenges. Although sectors such as fuels, energy, or agricultural products are not typically associated with technologically sensitive goods, transactions may nevertheless fall within the scope of U.S. regulations when they involve inputs, financing, technology, or logistics linked to third countries subject to restrictions.
Likewise, particular importance attaches to the analysis of the final destination of goods exported to Argentina by U.S. companies, in order to prevent re-exports to restricted countries—such as China—through triangulated or regional distribution schemes.
Compliance and Strategic Advisory
The scenario described reinforces the role of compliance as a strategic function, moving beyond a purely formalistic approach. Proper interpretation of the U.S. regulatory framework, preventive risk assessment, and an understanding of the geopolitical context are essential for informed commercial decision-making.
While technological tools and artificial intelligence can add value to information analysis, there is broad consensus that professional judgment and human responsibility remain irreplaceable.
In this context, legal and regulatory analysis applied to international trade becomes a central tool for business management. Early risk identification, assessment of regulatory impact, and the design of compliance strategies are decisive in preventing legal and operational contingencies.
Desde MJE Comercio Exterior we provide comprehensive advisory services in customs law and international trade, con foco en regulatory compliance, analysis of the impact of foreign regulations, and legal strategy applied to international operations, supporting companies and economic operators in complex decision-making processes.
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📌 Article originally published in Mercojuris
“"U.S. Trade Regulations and Practices: Global Impacts and Specific Challenges for Argentina"
Author: Dr. María José Etulain Sórensen
Dra. María José Etulain Sórensen
Attorney specialized in Customs Law, anti-dumping, and risk management
Consultant in foreign trade and internationalization
Member of the Customs and International Trade Bar Association (CITBA)
Director of MJE Global