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U.S. Bureau of Industry and Security (BIS)

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Building a Strong Export Compliance Plan

posted by Jennifer Diaz February 23, 2021 0 comments

Co-Authored by Sharath Patil

Exporting is a Privilege, Not a Right

Over 95% of the world’s consumers are outside of the United States. Opportunities abound for U.S. companies that export. However, exporting is a privilege and not a right. U.S. exporters have an important responsibility to adhere to U.S. export control laws, including the Export Administration Regulations (“EAR”), the International Traffic in Arms Regulations (“ITAR”) the Office of Foreign Assets Control (“OFAC”) sanctions laws, and the Foreign Corrupt Practices Act (“FCPA”). Violations of export control laws carry hefty civil and criminal penalties. Exporters can pay hundreds of thousands of dollars in penalties, lose export privileges, and even be imprisoned for violations of U.S. export control laws.

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Commerce Department Issues Rule Securing Digital Supply Chains Against Foreign Adversaries

posted by Jennifer Diaz February 16, 2021 0 comments

NIST Releases Draft Guidance on Internet of Things Device Cybersecurity | NIST

Co-Authored by Sharath Patil

Background on Securing Information Technology & Communications Supply Chains

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BIS Publishes First Military End User List

posted by Jennifer Diaz January 28, 2021 0 comments

In a Final Rule, published on December 23, 2020, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) amended the Export Administration Regulations (“EAR”) by creating a “Military End User (MEU) List”. The list includes the first tranche of 103 entities consisting of 58 military end-users in China and 45 in Russia. BIS determined that these companies are ‘military end users’ for purposes of the ‘military end user’ control in the EAR that applies to specified items for exports, reexports, or transfers (in-country) to China, Russia, and Venezuela when such items are destined for a prohibited ‘military end user.’

Prior to this final rule, exporters, reexporters, or transferors were responsible for identifying these entities as ‘military end users’ themselves, assuming they were not otherwise individually informed. The MEU List (which is now searchable on the consolidated screening list) allows the public to be informed of BIS’s determination so all potential exporters are informed simultaneously.

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Trump Administration Designates Cuba State Sponsor of Terrorism

posted by Jennifer Diaz January 12, 2021 0 comments

Co-Authored by Sharath Patil

Cuba Designated a State Sponsor of Terror

The U.S. State Department designated Cuba a State Sponsor of Terrorism (“SST”) on January 11, 2021. Countries are designated on the SST list when they are determined by the U.S. Secretary of State to have repeatedly provided support for acts of international terrorism.

The four main categories of sanctions resulting from designation can include restrictions on U.S. foreign assistance; a ban on defense exports and sales; certain controls over exports of dual use items; and miscellaneous financial and other restrictions. Here, the January 11 re-designation of Cuba on the SST subjects Cuba to:

  • Sanctions that penalize persons and countries engaging in certain trade with Cuba
  • Restricts U.S. foreign assistance to Cuba
  • Bans defense exports and sales to Cuba
  • Imposes certain controls on exports of dual use items.

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White House Releases National Strategy for Promoting and Protecting Critical Technologies

posted by Jennifer Diaz December 1, 2020 2 Comments

Co-Authored by Sharath Patil

White House Releases Critical Technologies Report

Last month, the White House released a landmark report titled the “National Strategy for Critical and Emerging Technologies.” The report outlines how the United States will promote and protect our competitive edge in fields such as artificial intelligence, energy, quantum information science, communication and networking technologies, semiconductors, military, and space technologies.

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The Importance of Regular Export Compliance Training for your Business

posted by Jennifer Diaz November 19, 2020 2 Comments

Co-Authored by Sharath Patil

What’s Export Compliance?

Boundless opportunities exist for U.S. businesses when they export their products and services to foreign markets. In fact, over 95% of the world’s consumers are located outside of the United States. However, the vast export opportunities must be tempered by your duty to diligently and effectively comply with U.S. export control laws under the U.S. Department of Commerce’s Export Administration Regulations (“EAR”) and the U.S. State Department’s International Traffic in Arms Regulations (“ITAR”).

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Wondering if your Exclusion Request has been granted or denied? Find out here!

posted by Jennifer Diaz August 8, 2019 2 Comments

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Since the inception of the Trade War with China, the Office of the United States’ Trade Representative (USTR) has provided citizens, primarily those in industries directly affected by the imposition of ad valorem duties (tariffs), the opportunity to request that certain products be granted exclusions. Each list of tariffs has its own specific process to ensure that concerned citizens may voice their opinions as to why given products should not be subjected to additional duties upon importation, as prescribed in the Section 301 investigation.

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UPDATE: Non-Commercial Airplanes and Cruise Ships on Temporary Sojourn are Now Prohibited To Travel To Cuba.

posted by Jennifer Diaz June 4, 2019 0 comments

cuba - prohibtFollowing President Obama’s historical break in precedent, easing restrictions on Cuba in 2016, President Trump now seeks to deprive the Communist regime of revenue from American citizens.

President Trump, not wanting the US to be complicit in the oppression and subjugation of Cubans, has decided to roll back the newly established relationship and directed the Bureau of Industry and Security (BIS) to draft a final rule limiting the types of aircraft that are authorized to fly to Cuba and the types of vessels that are authorized to sail to Cuba on temporary sojourn. This change is likely to be a result of the exponential growth of the island’s economy, coupled with the lack of improvement in overall quality of life for its citizens.

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Chinese Telecom Giant, ZTE, Faced with Largest Penalty Ever Levied

posted by Jennifer Diaz June 8, 2018 0 comments

zte_logo_reuters_1486215309260In our previous post, we discussed ZTE’s record penalty for selling technology with US-origin chips to North Korea and Iran, in violation of US trade laws. The company initially received a $1.19 billion in penalties and was ordered to reprimand the executives responsible for the malfeasance’s as a condition to re-enter the United States (US) market after a three-year suspension. Despite telling the US government that the guilty executives had been properly punished, it became clear that they were instead rewarded with bonuses. This violation triggered an automatic ban of ZTE from the US market for seven (7) years. As the 4th largest seller of cell phones to the US, the ban on ZTE serves as a means of protecting American production.

After the announcement, the ensuing backlash from Beijing, as well as trade talks in China, President Trump stated that he and Chinese president Xi Jiping are working together to bring ZTE “back into business”.

Now, the Trump administration threw a metaphorical lifeline to this tech giant, seemingly easing tensions with Beijing. Secretary Ross announced a $1.4 Billion dollar settlement with ZTE. Continue Reading

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Exporting 201 – Advanced Exporting Webinar 5/22 – RSVP Today!

posted by Jennifer Diaz May 7, 2018 0 comments

depositphotos_46947357-stock-illustration-book-now-stampWhether you are a new or experienced exporter, the next webinar is essential!

  • When do you get to hear from a Board Certified Expert on actual horror stories and when it’s in your best interest to file a Disclosure?

RSVP now to join our Exporting 201 webinar. And don’t forget to check out all of our upcoming webinars!

RSVP TODAY!

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