Late EEI Filing: Is It Too Late To Mitigate?

by: Derrick Kyle, Associate and Jordan Jensen, Law Clerk

In 2009, the U.S. Customs and Border Protection (“CBP”) published guidelines that govern the enforcement and mitigation of civil penalties for companies and other entities that fail to comply with the Foreign Trade Regulations (“FTR”) in 15 C.F.R. § 30.[1]. While Section 30 includes a list of violations that trigger civil penalties, it also lists mitigating factors for violations.

Key Takeaways from CBPs First Final Determination of Evasion under EAPA

by: Olga Torres, Managing Member

On August 14, 2017, U.S. Customs and Border Protection (“CBP”) issued its first notification of final determination of antidumping duties (“ADD”) evasion pursuant to the Enforce and Protect Act (“EAPA”).

Is the U.S.-Korea Trade Deal Headed for Trouble?

by: Jordan Jensen, Law Clerk

Despite the perceived success of KORUS, under which exports of U.S. goods and services to South Korea were estimated at $63.8 billion in 2016,[1] on the morning of September 1, 2017, President Donald Trump reportedly informed his senior officials of his intent to withdraw from the agreement.[2] Although this announcement may be unsurprising to those following the administration’s renegotiation of NAFTA, the news sparked some controversy across industries that rely heavily on South Korean markets, such as the agricultural industry.

Whatcha Gonna Do When They Come For You? Export Control Agency Visits, Part 2

by: Olga Torres, Managing Member and Derrick Kyle, Associate

This article is the second part of a two-part series. In the first article, we introduced the types of company visits conducted by the two major U.S. export agencies,[1] and discussed potential outcomes and consequences of these visits. In this second article, we discuss what to expect during a visit from the agencies and best practices to prepare for them.  The first article can be accessed here.

U.S. Economic Sanctions: A 3/4-Year Review

by: Matt Fogarty, Consulting Attorney

Aside from a modest rollback regarding the Obama Administration’s effort to allow Americans to travel to Cuba, a number of enforcement cases relating to Iran, some additional designations with respect to Syria, and sanctions-enabling legislation relating to Russia, much of the recent news in economic sanctions has been dominated by two countries: North Korea and Venezuela.

Uh oh. So, you think you may have an export problem

by: Andrea Fraser, Senior Counsel

Perhaps the information came from a colleague or a customer or an anonymous tip left on your company’s “tip line.”  Or it could have been a comment made during a presentation at a professional meeting.  Something caught your attention and triggered the realization that you may have a U.S. export controls violation.  Whether or not you have experienced that sinking feeling, prudent compliance requires that you be prepared to take appropriate action at the first sign of trouble.  

Whatcha Gonna Do When They Come For You? Export Control Agency Visits

by: Olga Torres, Managing Member and Derrick Kyle, Associate

Many exporters are at least vaguely familiar with the “company visits” or “outreach visits” conducted by the export control agencies, but most have very little idea what these visits actually entail, how a company is selected for a visit, or the potential consequences of such a visit. Exporters, freight forwarders, non-exporting manufacturers of defense articles, and companies that share controlled technology with foreign persons, resulting in “deemed exports” should thoroughly prepare for these visits if they are ever “lucky enough” to be selected.

International Trading Services Case Reaffirms Expansion of U.S. Importer Liability

by: Derrick Kyle, Associate and Jordan Jensen, Legal Extern

Two recent U.S. court decisions will increase corporate officers’ and compliance professionals’ risks for personal liability for Customs law violations. Specifically, the decisions relate to fraudulent, grossly negligent, or negligent activity under the Customs penalty statute, 19 U.S.C. § 1592.  

Recent Updates to the U.S. Cuban Sanctions

by: Olga Torres, Managing Member

On June 16 2017, President Trump announced changes to the United States’ economic sanctions against Cuba. This article provides a brief synopsis of the announced changes and potential impact.

DDTC Introduces New Electronic License Reporting Requirements

by: Derrick Kyle, Associate

It is easy to think of the various U.S. government agencies with trade control responsibilities as operating entirely separate from one another. Often, that can be the case. Industry professionals have learned through the process of Export Control Reform that many trade procedures are not at all synchronized amongst the respective agencies. A final rule published by the Department of State this year serves as a reminder that, in many ways, certain functions of the various trade agencies are inextricably linked, and these agencies rely on one another to perform certain tasks. 

CBPs Centers of Excellence and Expertise Update

by: Jordan Jensen, Legal Extern

On June 29, 2017, in an effort to continue to transform the way U.S. Customs and Border Protection (“CBP”) approaches trade through the Centers of Excellence and Expertise (“Centers”), CBP released a new trade process document that includes new responsibilities and procedures for importers, brokers, agents, or filers.

President Appoints New Head of the Bureau of Industry and Security

by: Staff Writer

On March 30, President Trump announced his intent to nominate Mira Radielovic Ricardel to the position of Under Secretary of Commerce for Export Administration.

New Requirements for Export to Hong Kong

by: Derrick Kyle, Associate

On January 19, 2017, the Bureau of Industry and Security (“BIS”) published a final rule regarding new support documentation requirements with respect to exports to Hong Kong.

Trump Administration Begins Crackdown on Trade Abuses

by: Olga Torres, Managing Member and Derrick Kyle, Associate

With the signing of two new executive orders, President Trump is taking the first steps in fulfilling two of his favorite campaign promises, both relating to trade: (1) no longer tolerating trade abuse that damages the American economy and (2) decreasing the national trade deficit. 

CFIUS, Foreign Investment and Trade Relations in the New Administration

by: Andrea Fraser-Reid, Senior Counsel

The recent presidential campaign was notable for the debate concerning whether interaction with foreign entities benefitted the U.S. While trade deficits and offshoring of U.S. jobs grabbed headlines, there has been growing attention to the acquisition of U.S. companies by foreign entities. 

From A to ZTE: A Review of Lessons Learned from the ZTE Case

by: Olga Torres, Managing Member

On March 7, 2017, the U.S. Department of Justice (“DOJ”), the Treasury Department's Office of Foreign Assets Control (“OFAC”), and the Commerce Department's Bureau of Industry and Security (“BIS”) together levied the largest ever export and sanctions related penalty against Chinese telecommunications firm ZTE Corporation (“ZTE”). ZTE agreed to the combined $1.19 billion fine to settle a number of alleged violations of U.S. sanctions targeting Iran. 

Key Differences Remain in the Export Regulation Regimes, Spurring Cybersecurity Reviews

by: Olga Torres, Managing Member and Derrick Kyle, Associate

Over the past decade, the availability of cloud computing services has grown exponentially to the point where cloud access is now viewed almost as a public utility. Cloud Service Providers (“CSPs”) may operate internationally, and CSP servers are often located in countries other than that of the user, leading to export control concerns. 

Import Violations: What You Need to Know about 19 USC 1592

by: Luis Torres, Law Clerk

This article provides an overview of Customs’ statutory penalties for import violations.

Freight Forwarding as Brokering Activity

by: Derrick Kyle, Associate

This article briefly discusses the types of activities that trigger the brokering registration requirement under the International Traffic in Arms Regulations for freight forwarders. 

Are My Products Subject to Anti-Dumping/Countervailing Duties?

by: Olga Torres, Managing Member

Many importers will discover at some point that products they import may be subject to anti-dumping duties (“ADD”) or countervailing duties (“CVD”). With the new Trump administration appearing to take a very aggressive tone toward unfair trade practices by foreign competitors, particularly China, there may soon be an increase in ADD/CVD orders and enforcement by U.S. Customs and Border Protection (“Customs” or “CBP”). This article seeks to explain the options an importer has if it discovers that any of its products are potentially subject to ADD/CVD.

Outlook for Export Controls and Economic Sanctions Under the Trump Administration

by: Olga Torres, Managing Member and Matt Fogarty, Of Counsel

The first weeks of the Trump Administration have been eventful, but there has been little action in the area of export controls and economic sanctions. In this regard, there's no clear consensus just yet as to whether and how significantly President Trump plans to deviate from the course set over the last eight years of the Obama Administration.

Could Mexico Beat the U.S. to NAFTA Withdrawal?

by: Olga Torres and Derrick Kyle

This article discusses the potential implications of NAFTA's renegotiation or withdrawal.

2016 Exports Year-End Review

by: Olga Torres and Derrick Kyle

Export Compliance Programs

by: Olga Torres and Luis Torres

Customs Audits 101

by: Olga Torres

The Customs Reauthorization Bill: The Most Immediate and Practical Impacts

by: Olga Torres, Managing Member and Sandy Aziz, Attorney

Trade Through a Single Window

by: Luis Torres, Law Clerk

A Step-By-Step Overview of Commodity Jurisdiction

by: Olga Torres, Managing Member and Matt Fogarty, Attorney