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miami

CubaExportInternational Travel

President Trump Outlines New U.S. Policy on Cuba

posted by Jennifer Diaz June 16, 2017 0 comments

trump

We’ve been patiently waiting for today’s announcement since President Trump took office on Friday, January 20, 2017. Some have speculated on whether President Trump’s stance on Cuba would further diplomatic relations following the steps of former President Barack Obama, while the majority have opined that Trump’s next steps could reverse some of the changes made by the former President. The speculation can now be put to the side as today President Trump delivered a speech in Miami (at the Manuel Artime Theater), a little over 90 miles away from the island of Cuba, outlining his new policy with the communist island. The announced changes do not take effect until the new OFAC regulations are issued. The forthcoming regulations will be prospective and will not affect existing contracts and licenses.  

Here is a summary of the MAIN changes, and background of why the President has signed an executive order making these changes in support of the Cuban people:

Continue Reading

FDA IssuesFoodFSMAImport

Join FDA in Miami to Discuss Major FSMA Proposed Rules

posted by Jennifer Diaz September 26, 2013 0 comments

The U.S. Food and Drug Administration (FDA) announced it will hold two additional public meetings to discuss the Food Safety Modernization Act (FSMA) Proposed Rules on Foreign Supplier Verification Programs (FSVP) and the Accreditation of Third-Party Auditors/Certification Bodies

The two proposed rules are designed to strengthen assurances that imported food meets the same safety standards as food produced domestically.  The FSVP proposal provides requirements for importers to verify that their foreign suppliers are implementing the modern, prevention-oriented food safety practices called for by the FSMA, and achieving the same level of food safety as domestic growers and processors. This will create a new burden for importers to know and trust their manufacturers.  I believe we can expect to see enforcement and penalties from FDA – if you have not met your manufacturer yet, now is the time! 

The second proposed rule on the Accreditation of Third-Party Auditors/Certification Bodies provides for the strengthening of quality, objectivity, and transparency of foreign food safety audits on which many U.S. food companies and importers currently rely to help manage the safety of their global food supply chains.  

The purpose of the FDA’s public meetings is to solicit public comments on the proposed rules and to inform the public about the rulemaking process (including how to submit comments, data, and other information to the rulemaking dockets), and to respond to questions about the proposed rules. 

If you are interested in commenting on these proposed rules, contact me to discuss the process. Please note the timeline below to submit comments to the FDA.   

These two added meetings will take place in Miami, FL and Long Beach, CA.  

Register here!

  • Miami meeting October 10-11, 2013, at the Hyatt Regency Miami, 400 SE Second Avenue, Miami, FL 33131.

October 10, 2013

8:30 a.m. – 5:00 p.m.

 

October 11, 2013

8:30 a.m. – 12:30 p.m.  

  • Long Beach meeting – October 22-23, 2013, at the Hilton Long Beach & Executive Meeting Center, 701 West Ocean Boulevard, Long Beach, CA  90831

October 22, 2013

8:30 a.m. – 5:00 p.m.

 

October 23, 2013

8:30 a.m. – 12:30 p.m.

 

A sample agenda from the meeting that took place in Washington, D.C. on September 19-20, 2013, may be found here (we anticipate the same content being included for the Miami meeting).

 

Please note the following important dates for the meetings in Miami, FL and Long Beach, CA:

 

  • Meeting in Miami, FL
    • September 24, 2013: Closing date for request to make oral comment
    • September 24, 2013: Closing date to request special accommodation due to a disability
    • October 1, 2013: Closing date for advance registration
  • Meeting in Long Beach, CA
    • October 1, 2013: Closing date for request to make oral comment
    • October 1, 2013: Closing date to request special accommodation due to a disability
    • October 8, 2013: Closing date for advance registration
  • November 26, 2013: Closing date to submit either electronic or written comments to FDA’s Division of Dockets Management; for the proposed rule on Foreign Supplier Verification Programs, see Docket No. FDA-2011-N -0143. For the proposed rule on Accreditation of Third-Party Auditors/Certification Bodies, see Docket No. FDA-2011-N-0146.

If you manufacture or import food products you MUST stay on top of FSMA and the new rules FDA will implement.  For assistance in commenting on these important new changes, contact me.  See you at the Miami meeting.

FDA IssuesFoodFSMAImport

Miami CANCELLED by Government Shutdown – LA WILL Go On – FDA to Discuss Major FSMA Proposed Rules

posted by Jennifer Diaz September 26, 2013 0 comments

The U.S. Food and Drug Administration (FDA) announced it will hold two additional public meetings to discuss the Food Safety Modernization Act (FSMA) Proposed Rules on Foreign Supplier Verification Programs (FSVP) and the Accreditation of Third-Party Auditors/Certification Bodies

The two proposed rules are designed to strengthen assurances that imported food meets the same safety standards as food produced domestically.  The FSVP proposal provides requirements for importers to verify that their foreign suppliers are implementing the modern, prevention-oriented food safety practices called for by the FSMA, and achieving the same level of food safety as domestic growers and processors. This will create a new burden for importers to know and trust their manufacturers.  I believe we can expect to see enforcement and penalties from FDA – if you have not met your manufacturer yet, now is the time! 

The second proposed rule on the Accreditation of Third-Party Auditors/Certification Bodies provides for the strengthening of quality, objectivity, and transparency of foreign food safety audits on which many U.S. food companies and importers currently rely to help manage the safety of their global food supply chains.  

The purpose of the FDA’s public meetings is to solicit public comments on the proposed rules and to inform the public about the rulemaking process (including how to submit comments, data, and other information to the rulemaking dockets), and to respond to questions about the proposed rules. 

If you are interested in commenting on these proposed rules, contact me to discuss the process. Please note the timeline below to submit comments to the FDA.   

These two added meetings will take place in Miami, FL and Long Beach, CA.  

Register here! (FDA HAS INDICATED THE LONG BEACH SEMINAR WILL GO ON).

  • Miami meeting October 10-11, 2013, at the Hyatt Regency Miami, 400 SE Second Avenue, Miami, FL 33131.

October 10, 2013

8:30 a.m. – 5:00 p.m.

 

October 11, 2013

8:30 a.m. – 12:30 p.m.  

  • Long Beach meeting – October 22-23, 2013, at the Hilton Long Beach & Executive Meeting Center, 701 West Ocean Boulevard, Long Beach, CA  90831

October 22, 2013

8:30 a.m. – 5:00 p.m.

 

October 23, 2013

8:30 a.m. – 12:30 p.m.

 

A sample agenda from the meeting that took place in Washington, D.C. on September 19-20, 2013, may be found here (we anticipate the same content being included for the Miami meeting).

 

Please note the following important dates for the meetings in Miami, FL and Long Beach, CA:

 

  • Meeting in Miami, FL
    • September 24, 2013: Closing date for request to make oral comment
    • September 24, 2013: Closing date to request special accommodation due to a disability
    • October 1, 2013: Closing date for advance registration
  • Meeting in Long Beach, CA
    • October 1, 2013: Closing date for request to make oral comment
    • October 1, 2013: Closing date to request special accommodation due to a disability
    • October 8, 2013: Closing date for advance registration
  • November 26, 2013: Closing date to submit either electronic or written comments to FDA’s Division of Dockets Management; for the proposed rule on Foreign Supplier Verification Programs, see Docket No. FDA-2011-N -0143. For the proposed rule on Accreditation of Third-Party Auditors/Certification Bodies, see Docket No. FDA-2011-N-0146.

If you manufacture or import food products you MUST stay on top of FSMA and the new rules FDA will implement.  For assistance in commenting on these important new changes, contact me.  See you at the Miami meeting.

CBP

New Center of Excellence & Expertise to Arrive in Miami 2013!

posted by Jennifer Diaz December 14, 2012 0 comments
DHS Secretary Janet Napolitano addresses a crowded audience at the 2012 East Coast Trade Symposium while CBP Deputy Commissioner David V. Aguilar listens.
Photo Credit: James Tourtellotte

U.S. Customs and Border Protection (CBP) Deputy Commissioner David V. Aguilar announced at the East Coast Trade Symposium the expansion of the Centers of Excellence and Expertise (Centers), which will create six new Centers in 2013 for the Agriculture & Prepared Products; Apparel, Footwear & Textiles; Base Metals; Consumer Products & Mass Merchandising; Industrial & Manufacturing Materials; and Machinery industries. CEE’s are "virtual "one-stop shops" that provide centralized processing for importers that volunteer to participate. TheCenters are also already a source of information for the entire trading community. Centers are virtual organizations, managed from a strategic location, that link CBP trade personnel by industry to authoritatively facilitate trade."

CBP’s goal is to eventually cover the full range of imported goods.  For now, the Centers to be established in FY 2013 are:

  1. Agriculture & Prepared Products: Miami 
  2. Apparel, Footwear & Textiles: San Francisco
  3. Base Metals: Chicago
  4. Consumer Products & Mass Merchandising: Atlanta
  5. Industrial & Manufacturing Materials: Buffalo
  6. Machinery: Laredo

These virtual centers will provide one-stop processing to lower the Trade’s cost of business, provide greater consistency and predictability and enhance CBP enforcement efforts. The Centers represent CBP’s expanded focus on "Trade in the 21st Century," transforming customs procedures to align with modern business. The Centers will also serve as resources to the broader trade community and to CBP’s U.S. government partners. The current Centers are Electronics in Long Beach; Pharmaceuticals, Health & Chemicals in New York City; Automotive & Aerospace in Detroit; and Petroleum, Natural Gas & Minerals in Houston.

Resources to learn more about the CEE’s:

  • Customs created a new 8 minute video advising on additional benefits the CEE’s provide, including being a "common sense trade processing system," and discussing the assistance with administrative detentions of merchandise the CEE’s can provide. 
  • PowerPoint Presentation on CEE’s.
  • CEE’s FACT SHEET.

C-TPAT and ISA members are given priority to apply for admission into CEE’s. 

CEE’s are supposed to provide the uniform decision making the importing community craves.  Import Specialists will eventually all belong to a specific CEE and utilize their specialized knowledge to provide consistent admissibility decisions around the country.  I very much look forward to seeing and reporting on how the Miami CEE progresses. 

Import

Brazil was the # 1 Trading Partner for the Miami Customs District in 2010

posted by Customs & International Trade Law Blog November 1, 2011 0 comments

 Alan Becker, Board member of Enterprise and Chair of Beacon Council, with Gov Scott meets with business leaders in Sao Paulo, Brazil

Editor’s Note: Thanks to Managing Shareholder Alan Becker, our guest blogger, who just returned from the Enterprise Florida Trade Mission to Brazil with Governor Rick Scott and a delegation of Florida business leaders. Alan is the Chair of the Beacon Council, MIami Dade County’s Economic Development agency.

 


 

Alan S. Becker

Brazil was the # 1 trading partner for the Miami Customs district in 2010 and has been the top trading partner for more than a decade. It is Florida’s # 1 trade partner with over $15 billion in annual trade. Of that, $13 billion is export to Brazil, so there is a lot of room for increased trade importing to Florida.
 
Many of the largest Brazilian companies already have regional or US headquarters in Miami, such as Odebrecht, Itau Bank, TAM Airlines, and many others.
 
Miami – Dade County is the area where most of this trade takes place, which is not surprising. Of Dade’s 2.5 million residents, half are foreign born and 2/3 speak a second language in addition to English, almost all from the Caribbean, Central and South American. There are at least 50,000 Brazilians living in South Florida.
 
In 2010, 555,000 visitors came from Brazil just to Miami-Dade County and spent $1 billion–the first country to reach $1 billion in visitor spending. It is estimated that if there were a waiver of the visa requirement, those figures would immediately double.

Miami International Airport has more daily direct flights to South America than all other US airports combined. There are 93 weekly direct flights to cities in Brazil with 20,000 seats. The Port of Miami services 13 Brazilian Ports with cargo ships each week. With the deep dredge of the Port, making us the first ready for the post Panamax super ships, and the tunnel to move Port travel, the Port of

Miami, already # 1 in international cargo, is positioned to double its cargo capacity by 2014.

This affinity between Miami and Brazil underscores the reason why business activity is so great and is growing.

FDA IssuesFoodImport

Food Import Workshop in Miami on September 7

posted by Customs & International Trade Law Blog August 17, 2011 0 comments

The annual seminar "Practical Tools for Trade in the Food Industry" takes place at the Miami Seaport on September 7, 2011 from 8:30 a.m. to 12:30 p.m.  Sponsored by the Miami-Dade County Office of Economic Development & International Trade, and supported by the Port of Miami, this year we will again focus on what importers need to know about both U.S. Customs and Border Protection and U.S. Food and Drug Administration requirements.  There will  be special emphasis on the new Food Safety Modernization Act of 2011.

The seminar takes place at the beautiful Port of Miami Conference Room, 1015 N. America Way, Miami.  Registration may be done on-line.   Questions regarding REGISTRATION may be directed to Adam Peters, Trade Development Specialist at (305) 375-5420 or apeters@miamidade.gov.  Question regarding content of the seminar may be directed to Jennifer Diaz, Senior Attorney, Customs and International Trade Department, Becker & Poliakoff law firm (305) 260-1053.

Events

2nd Conference of the Americas

posted by Customs & International Trade Law Blog April 26, 2011 0 comments

The International Bar Association’s 2nd Conference of the Americas takes place at the Mandarin Oriental Hotel, Miami, Florida, May 4-6, 2011. The inaugural Conference of the Americas took place in Mexico City in 2008.   The International Bar Association (IBA) is the largest legal organization in the world.

This Second Conference will again be the perfect opportunity for legal professionals from North America and South America to network, share information, and identify issues, concerns and opportunities across the Americas’ legal markets and jurisdictions.  The Program sessions are focused on 8 areas:

  1. The region in the aftermath of the financial crisis.
  2. Cartel enforcement and leniency programs.
  3. International trade.
  4. Taxation
  5. Dispute resolution.
  6. Energy issues and infrastructure.
  7. Social networking.
  8. General Counsel Forum.

This event is also supported by the International Law Section of the Florida Bar Association.  The Conference Program Co-Chairs are Pierre Bienvenu based in Montreal, Peter Quinter based in Miami, and Claudio Undurraga based in Santiago.  To register for the conference, please do so on-line.  For questions, please contact any of the three people above.

I look forward to seeing you in Miami.

ExportFreight Forwarding

FREIGHT FORWARDERS ARRESTED IN MIAMI FOR SHIPPING SONY PLAYSTATIONS

posted by Customs & International Trade Law Blog March 12, 2010 0 comments

To the dismay of the local international trade community, three international freight forwarding companies and their owners are being criminally prosecuted for illegally exporting merchandise to a company in Paraguay. The company in Paraguay had been designated a “Specially Designated Global Terrorist” by the United States Government.  Exporters and forwarding companies sending any cargo to such a company, even Sony PlayStation video games, would be in violation of the law.

In an Indictment dated October 1, 2009, Case No. 09-20852-CR-GOLD, the United States Attorneys’ Office in Miami charged three Miami freight forwarding companies and their owners with violating the International Emergency Economic Powers Act (IEEPA),50 U.S.C. 1701 et seq., 18 U.S.C. 554 (fraudulently exporting from the United States), 18 U.S.C. 371 (conspiracy), and 13 U.S.C. 305 (knowingly submitting false Shippers Export Declarations or information through the Automated Export System (AES).

In summary, the Government has alleged that the Paraguay company paid an Ohio distributor of Sony PlayStations to ship those items to the freight forwarding companies in Miami. Once in Miami, according to the Indictment, the freight forwarders and their owners allegedly created documents falsely identifying the address of the company in Paraguay because they knew they could not ship the Sony PlayStations to the real address.  The real address of the company in Paraguay, according to the Indictment, had been designated by the Office of Foreign Assets Control (OFAC) as a Specially Designated Global Terrorist.  The designated terrorist was Galeria Page, an office mall in Ciudad del Este, Paraguay.

The case was investigated by the Miami office of the U.S. Immigration and Customs Enforcement (ICE) which issued a Press Release.  According to the Penalty Sheet filed with the Indictment, the maximum penalty for the individual owners of the freight forwarding companies who were arrested for the alleged violations is 20 years imprisonment.

To obtain a copy of the Indictment which was just unsealed on February 26, 2010, please contact me.