As the U.S. government and the governments of many other countries continue to sanction Russia and Belarus for the Russian invasion into Ukraine, companies around the world are grappling with the consequences that comes with the escalating economic restrictions placed on conducting business in the region. Here at Diaz Trade Law we are working to keep you up to date on all relevant sanction activity and what it could mean for you and your business.
Here is a recap of the latest customs and international trade law news:
BIS
CBP
DOT
Here is a recap of the latest customs and international trade law news:
The Bureau of Industry and Security (BIS)
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”) is an international agreement that strives to ensure that international trade in wild animals and plants does not threaten the survival of those species. CITES was adopted by 80 countries in 1973. The text of the agreement provides for various measures to prevent the illicit trade in goods made of endangered species. Specifically, CITES imposes controls on all import, export, re-export, and introduction from the sea, of species covered by the agreement, to be authorized through a licensing system. The species that fall within the scope of CITES are listed and maintained in three appendices based on the degree of protection required.
CBP’s Proposed Rule
On September 10, 2021, U.S. Customs and Border Protection (“CBP”) published a Notice of Proposed Rulemaking regarding broker continuing education. In the proposed rule, CBP is proposing mandatory continuing education requirements for individual licensed brokers. CBP underscores the benefits of mandatory continuing education for customs brokers in its proposed rule:
What is Valuation and Why Does it Matter? Customs Valuation is a procedure to determine the customs value of imported goods. The customs value is essential to calculate the total duty to be paid on an imported good. Because there was a need for the international community to have a standardized system for valuing imports, many nations became signatories to a World Trade Organization (“WTO”) agreement that established valuation norms known as the Tokyo Round Valuation Code (later amended into the WTO Agreement on Implementation of Article VII of the GATT 1994).
The United States was a signatory to these treaties and currently maintains and enforces a rigorous valuation system. The U.S. Customs valuation methodology (as well as a summary of relevant Customs rulings) are described in detail in the Valuation Encyclopedia. A common customs valuation standard is important because it ensures that:
Background on Export Administration Regulations
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”).
Administered by the U.S. Commerce Department, the EAR is a set of regulations which governs whether U.S. persons may export or transfer goods, software, and technology outside of the United States or to non-U.S. citizens. U.S. exporters have an important responsibility to adhere to the EAR. Violations of the EAR carry hefty civil and criminal penalties. Exporters can pay hundreds of thousands of dollars in penalties, lose export privileges, and even be imprisoned.
A lot has happened in the first 6 months of the Biden administration. Notable developments include (at least temporary) resolutions in the large civil aircraft and digital service tax disputes, consensus around a global minimum corporate tax of 15%, lawsuits pertaining to Section 232, increased export controls enforcement, shifting U.S. policy stances on Cuba, and more. However, the most important developments pertain to the ongoing U.S.-China trade war. The U.S. and China are engaged in ongoing negotiations while tensions have risen, a lawsuit challenging Trump’s imposition of 301 tariffs are underway, and a massive U.S. competitiveness bill is being considered in Congress that could bring back broad China tariff exclusions. Join us for a jam-packed hour where we discuss everything that has happened in the world of U.S. trade policy over the past 6 months, and provide insight into how Biden’s trade policies affect industry.
The Foreign Supplier Verification Programs for Food Importers (FSVP), establishes guidelines for importers to vet their foreign manufacturers, ensuring that food products destined for the U.S. are safe for consumption. The FSVP was created under the Food Safety Modernization Act (FSMA). These standards of the FSVP are in line with the goals articulated in the U.S. Food and Drug Administration (FDA) Strategy for the Safety of Imported Food. The FDA seeks to ensure that foreign-manufactured food products are safe for consumption. Further, as discussed in Diaz Trade Law’s previously published blog, the FDA issued its first FSVP warning letter in September 2019, and since then has issued at least 60 more!
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.