and Archives | Customs & International Trade Law Blog

Recovering Your Seized Cargo from U.S. Customs

On September 8, 2011, from 2:00-3:00 p.m. EST, the Journal of Commerce will host a webinar entitled "Recovering Your Seized Cargo". The speakers will be Dennis McKenzie, Director, Fines, Penalties, and Forfeitures Division, U.S. Customs and Border Protection (CBP), Washington, D.C., and Peter Quinter, Partner in Charge, Customs and International Trade Department, Becker & Poliakoff law firm. The panel experts will explain the CBP detention and seizure process, as well as the administrative petition and judicial forfeiture process.

By Jennifer Diaz|2011-08-22T12:33:56-04:00August 22, 2011|Seizures|Comments Off

Reconditioning Imported Food Refused by the FDA

The U.S. Food and Drug Administration is increasingly stopping and examining imported shipments of food attempting to enter the United States. Often, the FDA does not allow the food to enter the United States by declaring it to be misbranded or adulterated. Typically, refused food is then either destroyed or exported from the United States. There is another option called "reconditioning".

New Export Enforcement Priorities Come with New Names at the Bureau of Industry and Security

On April 14, 2011, in Washington, D.C., David Mills, the new Assistant Secretary for Export Enforcement, Bureau of Industry and Security (BIS), U.S. Department of Commerce, and his Special Advisor, Bob Rarog, explained the enforcement priorities of BIS, as established by Eric Hirshorn, who was just sworn in as Under Secretary of the U.S. Commerce Department's Bureau of Industry and Security (BIS) on April 2, 2010, after being appointed by Presdent Obama. This event was part of the American Bar Association's Section of International Law's Export Controls and Economic Sanctions Committee.

By Jennifer Diaz|2011-04-17T13:27:11-04:00April 17, 2011|Export|Comments Off

Notice of Detention of Merchandise by U.S. Customs and Border Protection

U.S. Customs and Border Protection (CBP) issued a February 22, 2011 60-Day Notice and Request for Comments regarding its use of a "Notice of Detention". I know, a lot of you are saying to yourselves, "When did CBP starting using Notices of Detention," and my response to you is "That's a darn good question!"

By Jennifer Diaz|2019-10-22T01:23:04-04:00February 24, 2011|Seizures, U.S. Department of Homeland Security (DHS)|4 Comments

Bank Accounts and Seizure Warrants

The U.S. Department of Homeland Security's Immigration and Customs Enforcement (ICE) is seizing a record number of bank accounts for money laundering. A Special Agent from ICE submits an Affidavit to a Federal Judge who signs a Seizure Warrant authoring the Special Agent to serve the Seizure Warrant upon the bank and seizure whateve money is in that account. Although the seizure of such accounts may accomplish a legitimate law enforcement purpose in attempting to stop the illicit sale of narcotics by taking the money generated from those sales, the process is too easily abused by the U.S. Government.

By Jennifer Diaz|2011-01-13T21:40:13-05:00January 13, 2011|U.S. Department of Homeland Security (DHS)|3 Comments

Save Money by Admitting Your Export Violations to the U.S. Commerce Department

Sometimes it is beneficial for an exporter to voluntarily self-disclose its export violations to the U.S. Government. Maybe an exportation of an item occurred without first obtaining the necessary license, or maybe the items was shipped to a company overseas other than allowed in a license. Both situations are violations of the Export Administration Regulations, and both violations could result in $250,000 penalites against the exporter. By voluntarily sefl-disclosing the violation, the exporter would reduce, and might even eliminate, such a penalty.

By Jennifer Diaz|2010-12-12T21:06:21-05:00December 12, 2010|Export, U.S. Bureau of Industry and Security (BIS)|Comments Off

Caviar and U.S. Fish and Wildlife Service

The U.S. Fish and Wildlife Service is responsible for regulating and managing the export and sale of paddlefish roe (caviar). To obtain a paddlefish roe export permit, an applicant must establish that it properly harvested the roe, and that its export would not undermine the survival of the species. But what happens when the U.S. Fish and Wildlife Service has had the application for months, and has taken no action on it?

By Jennifer Diaz|2010-08-27T09:37:42-04:00August 27, 2010|U.S. Fish and Wildlife Service (FWS)|Comments Off

FDA To Inspect Foreign Food Facilities Starting October 1, 2010

The U.S. Food and Drug Administration has issued notices to foreign food facilities registered with the FDA that it will conduct an inspection of those facilities between October 1, 2010 and September 30, 2011. Foreign food facilities that manufacturer, process, pack, hold, and ship food to the United States must have registered with the FDA pursuant to the Bioterrorism Act. Foreign food facilities that do not properly respond to the FDA notices will result in a detention of any food that arrives in the United States from those canceled facilities.

By Jennifer Diaz|2010-08-11T19:34:53-04:00August 11, 2010|Food, U.S. Food and Drug Administration (FDA)|1 Comment

Everything You Need to Know About Exporting

In the next few weeks, I am giving lectures and doing a webinar on the general topic of export compliance. In my legal practice over the past 20 years as a Customs and International Trade attorney, I am increasingly involved with clients on export compliance and penalty matters, especially with the BIS and OFAC. The laws and regulations have changed dramatically over the past few years, as has the name and number of Federal agencies enforcing them, plus the penalties for non-compliance are much higher now.

By Jennifer Diaz|2009-11-16T11:16:52-05:00November 16, 2009|Export, U.S. Bureau of Industry and Security (BIS), U.S. Office of Foreign Assets Control (OFAC)|Comments Off

I am Not Worried That My Food Is “Safe”, Are You?

The United States Congress is considering legislation to make the food we eat, especially imported food, "safe and secure". In my opinion, even if our food needs protecting, the proposed legislation only adds to the current Federal bureaucracy. The U.S. Food and Drug Administration already has a comprehensive regulatory procedure to stop, examine, and refuse imported food which it considers adulterated or misbranded, or otherwise not fit for human consumption. The current FDA system is working very well, and the only achievement of the proposed legislation will be to increase the price of food.

By Jennifer Diaz|2009-11-10T09:55:01-05:00November 10, 2009|Food, Import, U.S. Food and Drug Administration (FDA)|2 Comments