Monthly Archives

February 2012

U.S. Department of Homeland Security (DHS)

A Conversation with DHS Secretary Tom Ridge

posted by Jennifer Diaz February 20, 2012 0 comments

On January 26, 2012, I attended an exclusive, "off the record dinner for Florida business and community leaders to discuss the growing global national security and economic challenges our country faces today." The guest speaker was none other than the first Secretary of the U.S. Department of Homeland Security, Tom Ridge.  I was fascinated by what I heard from Secretary Ridge.

I had expected the first Assistant to the President for Homeland Security following the tragic events of September 11, 2001, and the first Secretary from 2003 to 2005 of the then new U.S. Department of Homeland Security to give the usual law enforcement speech about  securing U.S. borders and ports, counter-terrorism, deporting illegal immigrants, etc.  None of those ideas were discussed directly. Instead, the entire discussion initiated by Secretary Ridge was about promoting international trade as a way of ensuring economic security, and through our economic security, we maintain our leadership in the world.  Even after I peppered him with questions, he did not waiver.  Such a transformation was both surprising and impressive considering the current "5 Core Missions" of DHS.

The delightful dinner was sponsored by the U.S. Global Leadership Coalition. The USGLC is a broad-based, bipartisan coalition of more than 400 businesses, non-profits, faith-based, and community leaders led by Honorary Chair Colin Powell.  I am a member of the USGLC’s Florida Advisory Committee.

The new wisdom from Secretary Ridge should be seriously considered by our political leaders.  But, that’s just the view of one customs and international trade attorney. 

U.S. Customs and Border Protection (CBP)

2012 International Trade Law Update

posted by Jennifer Diaz February 6, 2012 1 Comment

The prestigious, annual Georgetown International Trade Law Update takes place February 9-10, 2012 in Washington, D.C.  The 2012 International Trade Update  is sponsored by the Georgetown University Law Center. The conference is sure to provide you practical, topical, and timely information that you can use back at your desk – whether you are a private practitioner, government attorney, or in-house counsel.

According to the press release:

This year’s program aims to provide you with the most important new developments affecting the trade and customs bars, as well as critical interpretations of those developments by senior partners at law firms, top government officials, judges, and corporate counsel.

My presentation is entitled "U.S. Customs and Border Protection Administrative Enforcement Process:  Fines, Penalties, Forfeitures and Liquidated Damages Overview". Just like my fellow panelists, John Connors who is Chief of the CBP Penalties Branch, and Richard Belanger who is a partner at Sidley Austin, the presentation is aimed at the experienced customs and international practitioner who is already familiar with the basic policies and procedures of CBP.

For those interested in attending the conference, more information is available on the website.


How to Export Your Motor Vehicle From the United States

posted by Jennifer Diaz February 2, 2012 0 comments

Exporting your Motor Vehicle out of the U.S. – A Quick Guide

So you are moving abroad and want to bring your car with you? To comply with the provisions of 19 CFR Part 192, you will need to report this export to the Federal Government by presenting both the vehicle itself as well as a specific set of documents to U.S. Customs and Border Protection (CBP) at least three (3) days prior to export.

The following documents are required when exporting a traditional used motor vehicle abroad:

  1. Original Certificate of Title
  2. Original Letter of Intent – for vehicles exported by sea or air, a letter provided by the carrier and identifying the date of export (be aware of 72 hour rule), destination, vehicle owner, vehicle identification number, and authorized signature
  3. Export Power of Attorney – If the owner of the vehicle to be exported is not presenting the documents to CBP, a CBP Export Power of Attorney must be submitted and notarized, identifying the person submitting the documentation and signed by and identifying the ultimate purchaser/owner and the vehicle (by VIN).
  4. Letter of Authorization – If the vehicle to be exported is owned by a corporation, company or business entity, it must be accompanied by a notarized letter on official business letterhead authorizing an agent to act on its behalf.
  5. Lienholder Authorization – if the vehicle is leased or has a lien against it, there must be specific authorization allowing for the export of the vehicle on company letterhead.
  6. Copy of the photo identification of the person presenting the export documents.
  7. Copy of the photo identification of the owner of the vehicle if different from the presenter.

As always, if you are unsure, consult with a professional. Penalties for failure to comply with CBP’s export requirements, aside from the inability to export your vehicle, could include monetary fines, liquidated damages, seizure of the vehicle, and/or demand for redelivery of the vehicle.