Week of 5 to 11 October 2026
Legislative, regulatory and case-law review
Sanctions: EU political agreement on a 22nd package against Russia
On 7 October 2026, Member States’ permanent representatives (Coreper) reached a political agreement on a new sanctions package against Russia, the largest in number of listings since the start of the conflict. It targets 743 individuals and 826 entities, mostly linked to Russia’s military-industrial complex, together with 77 officials who organised elections in the occupied Ukrainian territories; some listings fall under the separate regime applicable to North Korea. The measures entail an EU entry ban, an asset freeze and a prohibition on making funds available.
Formal adoption by the Foreign Affairs Council, meeting in Luxembourg, was scheduled for 12 October; entry into force in any event requires publication in the Official Journal of the European Union.
What it means for businesses: update counterparty screening as soon as the text is published in the OJEU, paying attention to listings under the North Korea regime, which Russia-focused compliance systems track less systematically.
US tariffs: CAPE phase 3 opens refunds for liquidated entries
On 6 October 2026, US Customs and Border Protection (CBP) launched phase 3 of CAPE, its refund mechanism for duties levied under the IEEPA, which the Supreme Court held on 20 February 2026 to lack any valid statutory basis (Learning Resources, Inc. v. Trump). For the first time, refunds extend to finally liquidated entries. This phase builds on Judge Richard K. Eaton’s order of 17 July 2026 (Court of International Trade), which required reliquidation, excluding IEEPA duties, of all entries liquidated more than eighty days earlier for plaintiffs in the roughly 3,700 cases before him.
As of 6 October, CBP had accepted 477 CAPE declarations covering 425,517 entries; as of 2 October, some USD 136.6 billion in refunds had been validated, of which USD 126 billion had already been sent to the Treasury for payment. The Department of Justice is challenging before the Federal Circuit the universal scope of some CIT injunctions, without for now disputing amounts owed to plaintiffs already party to the proceedings.
Separately, the trade truce agreed in Busan between Washington and Beijing was extended in early October until 10 January 2027. The suspension of port fees on Chinese vessels, decided by the USTR under Section 301, is however only formally in place until 9 November 2026: an extension notice is still needed for the following period.
What it means for businesses: importers who are CIT plaintiffs and provided their importer of record number before 30 July 2026 can file their phase 3 declarations now; others follow a twice-monthly filing schedule. Outside this litigation, duties under Sections 232, 301 and 338 remain fully in force, and shipowners on transpacific routes should watch for the USTR extension notice.
Carbon border adjustment: CBAM certificate price at a record high
On 5 October 2026 the European Commission published the CBAM certificate reference price for the third quarter: EUR 82.32 per tonne of CO2 equivalent, the highest since the definitive regime came into force. Based on the average closing prices of the EU carbon market, it sets the cost of the certificates that importers of steel, aluminium, cement, fertilisers, hydrogen and electricity must surrender for the emissions embedded in goods imported during the quarter.
What it means for businesses: build this increase into cash-flow forecasts and check the accuracy of embedded-emissions declarations, which determine the number of certificates to surrender.
Mercosur and WTO: continuing deadlock on quotas
Mercosur members have still not agreed on how to share the export quotas benefiting from tariff preferences into the European Union; tensions between Brazil and Argentina continue to delay practical implementation of the agreement, provisionally applied since 1 May 2026. Nothing of note at the WTO this week.
French customs: no change on recodification
The recodification of the French Customs Code (Ordinance No. 2026-265 of 8 April 2026, new numbering from Article L. 111-1, in force since 1 May 2026) saw no development this week; the ratification bill (No. 836), tabled in the Senate on 1 July 2026, has not yet been examined. The French customs administration reminds declarants that document 2003 may be used instead of code C651 until 31 October 2026.
The firm advises on international trade law, including sanctions compliance and customs law.
Previous edition: Weekly Digest: International Trade Law (28 September-4 October 2026)
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