Customs and Trade Law Weekly Snapshot
Here is a recap of the latest customs and international trade law news:
Export Filing Requirements for Puerto Rico & the U.S. Virgin Islands
Did you know that shipments from the 50 U.S. states to Puerto Rico and the U.S. Virgin Islands generally requires an Electronic Export Information (“EEI”) filing under the U.S. Census Bureau’s Foreign Trade Regulations? This article provides an overview of Foreign Trade Regulations export filing requirements generally, outlines the requirements for Puerto Rico and the U.S. Virgin Islands, and outlines what you can do to optimize your export compliance.
Export Licensing Under EAR
Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Export Licensing Under EAR“! Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.
We’d love to hear your feedback!
Customs and Trade Law Weekly Snapshot
Here is a recap of the latest customs and international trade law news:
CBP
- In Fiscal Year 2021, CBP at the LA/Long Beach Seaport seized More Than $760 Million in Counterfeit and Prohibited Products, a 652% increase over the previous year.
- CBP issues guidance regarding the extension of product exclusions from additional Section 301 China duties on certain medical-care products to address COVID-19.
- With changes to the HTSUS classification systems possibly coming as early as January 1, 2021, U.S. importers should review their classifications and ensure compliance with U.S. regulations
BIS
- The Bureau of Industry and Security (BIS) requests public comment regarding areas and priorities for U.S. and EU export control cooperation under the Trade and Technology Council.
- Comments are due by January 14, 2022
- On November 26, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule adding 27 foreign entities and individuals to the Entity List for engaging in activities that are contrary to the national security or foreign policy interests of the United States.
China
- In their most substantial talk since President Biden took office, Chinese President Xi Jinping has warned that encouraging Taiwanese independence would be “playing with fire”.
- On November 12, 2020, the President declared a national emergency to deal with the extraordinary threat to the national security, foreign policy, and economy of the United States constituted by certain companies of the People’s Republic of China.
- Airbnb subject to regulatory risk under […]
Bloomberg Law – Introduction to U.S. Export Controls: Part 2
Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Introduction to US Export Controls Part 2“! Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.
We’d love to hear your feedback!
What are Routed Export Transactions?
The U.S. Census Bureau requires Routed Export Transactions to be accurately reported in the Electronic Export Information (“EEI”) that is filed for certain export shipments. This article provides an overview of the U.S. Census Bureau’s export filing requirements, an explanation of what a Routed Export Transaction is, an outline of the Census Bureau’s policies pertaining to Routed Export Transactions, specifically, and offers insight into what you should do to be proactive about your export compliance.
Keysight Technologies Pays $6.6M to State Department for Export Violations
The U.S. Department of State and the California-based company Keysight Technologies Inc. have reached a settlement of $6.6 million for violations of the Arms Export Control Act (AECA), 22 U.S.C. § 2751 et seq., and the International Traffic in Arms Regulations (ITAR), 22 C.F.R. Parts 120-130. This settlement comes after a compliance review by the Office of Defense Trade Controls Compliance (DDTC) in the Department’s Bureau of Political-Military Affairs for exporting unauthorized software used for testing radar equipment (on fixed or mobile platforms) to countries including Russia and China.
New CITBA Article – An Overview of China’s New Export Controls Regime
Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce that our article, “An Overview of China’s New Export Controls Regime” was published by the Customs and International Trade Bar Association (CITBA) in its Summer 2021 newsletter.
Our article discusses China’s new export control regime. The new framework is similar in many ways to U.S. export licensing mechanisms. The framework is seen by many as a mechanism to counter increasing U.S. export controls towards China as part of escalating U.S.-China tensions.
Below is the article for your reading pleasure.
Do’s and Don’ts of Filing a Commodity Jurisdiction Request
An Introduction to Export Controls
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”), and the International Traffic in Arms Regulations (“ITAR”). 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.
ACE: Auditing Your Export History
If a company or individual believes they have violated export control regulations and the U.S. government is unaware of this violation, proactively and voluntarily disclosing the potential wrongdoing can substantially reduce penalties. A key component of filing a successful voluntary self-disclosure (“VSD”) is uncovering and providing the correct data. Diaz Trade Law has significant experience analyzing ACE export data to evaluate your export compliance and submit successful VSDs that substantially mitigate penalties.