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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

Best PracticesBISCBPCosmeticsExportFDA IssuesFoodFreight ForwardingInternational LawInternational TradeMedical DevicesSpeakingU.S.Customs

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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Trump Administration Tightens Cuba’s Sanctions Program 

posted by Jennifer Diaz November 9, 2017 2 Comments

Since June 2017, we have been anxiously awaiting changes to the Cuba sanctions program since President Trump signed an executive order and emphatically stated that his administration would tighten loose regulations established under the Obama Administration.cuba relations

On November 8, 2017, the U.S. Department of the Treasury stated,

  • “We have strengthened our Cuba policies to channel economic activity away from the Cuban military and to encourage the government to move toward greater political and economic freedom for the Cuban people”

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Top Successes of Diaz Trade Law (DTL) & Diaz Trade Consulting (DTC) in 2016!

posted by Jennifer Diaz January 26, 2017 0 comments

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DTL saved clients MILLIONS of dollars in 2016, below we list a summary of some of our compliance successes!

U.S. Customs & Border Protection (CBP)

  • Assisted an importer in having $434,486.00 worth of goods seized returned to it in a RECORD 24 working days, with a signed settlement agreement with CBP in a record 17 working days!
  • Assisted an importer in having $324,466.00 worth of goods seized for an underlying AES violation returned.
  •  Assisted importers in filing prior disclosures that were accepted by CBP, advising of errors found, and avoiding substantial penalties.
  •  Assisted importers in successfully responding to CBP 28’s and 29’s resulting in close outs, and no further enforcement action by CBP!
  •  Assisted importers in creating and maintaining pre-compliance programs to evaluate intellectual property rights and pre-report merchandise to CBP resulting in expedited entry into the U.S. with no delays or examinations by CBP.

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Travel to the U.S. with an Unlimited Number of Cuban Cigars and Rum – Courtesy of New Revised OFAC and BIS Regulations

posted by Jennifer Diaz October 17, 2016 1 Comment

On October 14, 2016, President Obama issued a Presidential Policy Directive on United States-Cuba Normalization to further ease travel and trade restrictions with Cuba. As a result, Monday, October 17, 2016, amendments to both OFAC and BIS regulations will take effect.

Below are the top changes from both OFAC and BIS:

OFAC is making additional amendments to the Regulations with respect to health, trade and commerce, civil aviation safety, travel and related transactions, humanitarian-related activities, and certain other activities. Below is a recap:

  • Health
    • Persons subject to U.S. jurisdiction are now permitted to engage in commercial and non-commercial joint medical research projects with Cuban nationals. (Section 515.547).
  • Travel and Related Transactions
    • Importation of Cuban merchandise: Not too long ago we alerted our readers that CBP was targeting Cuban Cigars at American Ports. We haveImage result for travel with cigars and rumBIG news for cigar and rum lovers… As of Monday, October 17, 2016, persons subject to U.S. jurisdiction are now able to return home from Cuba (or any other country where Cuban rum and cigars can legally be purchased) with an unlimited amount of rum and cigars. However, the number of cigars and amount rum must be for personal use and such merchandise must be imported as accompanied baggage and are subject to the normal limits on duty and tax exemptions. This is a huge step forward from OFAC’s initial limit of $400 or less (with no more than $100 of such merchandise consisting of alcohol or tobacco products). (Section 515.560(c)(3)). Continue Reading
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First Commercial flight to Cuba Scheduled to Depart August 31, 2016!

posted by Jennifer Diaz August 12, 2016 0 comments

Cuba_RouteMapCo-Authored by Jennifer Diaz and Kristina Hernandez-Tilson, an attorney in Miami, Florida, practices in state and federal court, litigating matters of civil and administrative law. 

The novelist Graham Greene once said that Havana was a city to visit, not a city to live in – well, now visiting just became far simpler.

On Thursday, July 6, 2016, eight airlines were granted a tentative approval from the U.S. government for flights between certain U.S. cities and Cuba’s capital, Havana.

The U.S. cities are Continue Reading

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Build Your Own ‘People to People’ Mission & More Cuba Changes

posted by Jennifer Diaz March 16, 2016 6 Comments

Plane, United States and Cuba flags

If you have been following our Cuba updates, you’ll note we’ve been busy. A full listing of all of our posts to get you caught up are all the way at the bottom. Also, check out our new blog design and let me know what you think!

Here’s the Cliff Notes version:

  • On December 17, 2014, President Obama made a historic announcement: “Today, the United States is taking historic steps to chart a new course in our relations with Cuba and to further engage and empower the Cuban people.”
  • By January 16, 2015, both the U.S. Treasury Department, Office of Foreign Assets Control (OFAC) amended its Cuban Assets Control Regulations, and the U.S. Department of Commerce’s, Bureau of Industry and Security (BIS) amended the Export Administration Regulations with a “Support for the Cuban People” license exception. Both OFAC and BIS’s new rules were effective as of January 16, 2015.
  • OFAC and BIS issued additional new rules on June 15, 2015, September 21, 2015, January 27, 2016 and again today!

As far as travel goes, the NY Times posted their travel tips, but, here are MY travel tips to you:

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Up to 110 Daily Flights from the U.S. to Cuba

posted by Jennifer Diaz February 23, 2016 8 Comments

Welcome to Cuba

If you are in aviation – commercial or private – there are potential new business opportunities in Cuba. The American government and our new friendly neighbor to the south, the Republic of Cuba last sat at the negotiation table to discuss Air Transportation agreements in 1957, as parties to the Convention on International Civil Aviation. Nearly sixty years later, on February 16, 2016, the United States government and Cuba entered into an aviation agreement, the U.S.-Cuba Memorandum of Understanding of February 16, 2016, and intend to apply the basis of comity and reciprocity of the agreement.

Immediately after, Anthony Foxx, U.S. Transportation Secretary, Charles Rivkin, Assistant Secretary of State for Economic and Business Affairs, Adel Yzquierdo Rodriguez, Cuban Minister of Transportation and Colonel Alfredo Cordero Puig, President of the Cuban Civil Aviation Institute (IACC), Ministry of Transportation  signed the agreement, the U.S. Department of Transportation (DOT) encouraged U.S. air carriers to apply for licensing and authorization to offer flights to Cuba.

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