Tag

disclosure

ExportInternational TradeU.S. Census Bureau

Submitting a Voluntary Self-Disclosure to Census

posted by Jennifer Diaz May 4, 2021 0 comments

Diaz Trade Law’s President, Jennifer Diaz,  and Associate Attorney, Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Submitting a Voluntary Self-Disclosure to Census”! Below is the article reproduced with permission for your reading pleasure. We’d love to hear your feedback!

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!

 

 

 

 

 

 

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Best PracticesCustoms BrokerEPAFoodImportImport AlertInternational LawU.S. Customs and Border Protection (CBP)U.S. Food and Drug Administration (FDA)

Bioengineered Food Labeling

posted by Jennifer Diaz October 30, 2018 0 comments

In our July 27, 2018 blog , we explained what bioengineered (BE) food is and informed you about the United States Department of Agriculture’s (USDA) Agricultural Marketing Service’s (AMS) new proposed rule for BE foods. The new rule is a result of the 2016 amendment to the Agricultural Marketing Act of 1946, which would require food manufacturers and other entities that label foods for retail sale to disclose information about BE food and BE food ingredient content. The amended Act directs the Secretary to establish the National Bioengineered Food Disclosure Standard (NBFDS) for disclosing any BE food and any food that may be bioengineered. This proposed rule is intended to provide a mandatory uniform national standard for disclosure of information to consumers about the BE status of foods. The standardized disclosure of information will facilitate food purchasing for consumers by eliminating the current uncertainty when purchasing food; effectively improving overall consumer confidence, without harming food manufacturing; and providing farms and production companies a logical, consistent standard for future labeling and packaging. Continue Reading

Best PracticesCosmeticsExportFoodFreight ForwardingInternational LawInternational TradeMedical DevicesSpeakingU.S. Bureau of Industry and Security (BIS)U.S. Customs and Border Protection (CBP)U.S. Food and Drug Administration (FDA)

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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Customs BrokerEventsImportImport AlertInternational BusinessInternational LawInternational TradeSpeakingU.S. Customs and Border Protection (CBP)U.S. Food and Drug Administration (FDA)

Advanced Importing & Exporting Webinars – RSVP Today!

posted by Jennifer Diaz April 6, 2018 0 comments

depositphotos_46947357-stock-illustration-book-now-stampWhether you are a new or experienced importer or exporter, the next 2 webinars are essential!

  • When do you get to hear the ins and outs of CBP audits from a former CBP auditor?
  • When do you get to hear a customs broker share with you the tips and tools you need to ensure your broker has your back?
  • When do you get to hear from a Board Certified Expert on actual horror stories and when its in your best interest to file a Disclosure?

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

Export

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

posted by Jennifer Diaz April 17, 2011 0 comments

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. These priorities were established by Eric Hirschhorn, 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 President Obama. This event was part of the American Bar Association’s Section of International Law’s Export Controls and Economic Sanctions Committee.

David Mills, who has an excellent perspective from recently being a private practicing attorney, and was formerly the Chief of Licensing at the Office of Foreign Assets Control (OFAC), identified the three primary initiatives of export enforcement by the BIS.

1.  Efficiency – process administrative cases faster.

2.  Education – outreach program to exporting companies.

3.  Enforcement – going for the $250,000 maximum penalty or twice the value of the transaction, whichever is greater.

David Mills stated that where both OFAC and BIS have jurisdiction over a violation, it is best to file voluntary self disclosure simultaneously with both agencies.  Generally, Special Agents from the BIS’ Office of Export Enforcement will conduct the investigation thereafter.  Another interesting point was that the Obama Administration remains focused on Iran, preventing the proliferation of weapons of mass destruction (WMD), and prohibiting any transactions with Specially Designated Nationals (SDNs). This is consistent with the U.S. Department of Justice’s recent National Counter-Proliferation Initiative to increase the detection and prosecution of export control violations. For the past two years since this Initiative started, the number of criminal and civil cases targeting violations of the ITAR, EAR and trade sanctions have greatly increased. Federal agents from the FBI, Justice, BIS, ICE, OFAC, State and Defense have investigated and prosecuted companies and individuals for illegally exporting goods and technology not only to countries such as Iran, China and Cuba, but also to close allies such as Canada, Mexico, Taiwan and Israel. 

What surprised many of the legal experts listening to David Mills who practice in the area of export controls was the statement by Mr. Mills that the filing of voluntary self disclosure by the company with BIS will not necessarily protect the employees of that company. Mr. Mills was sending a message:

Willful or knowing, as opposed to inadvertent,  violations by individuals will be punished.

Mr. Mills clearly set forth a new policy:

Special Agents of BIS are directed to focus on investigating culpable individuals for criminal prosecution or civil penalties.

He also stated that it is often an appropriate action for the company to terminate the employee who violates the laws of the United States.