U.S. Customs and Border Protection ("CBP") has published a final rule (the "Rule") providing CBP with the ability to publish seizure and forfeiture notices on the Department of Justice ("DOJ") forfeiture website. CBP believes that such notices will reach a broader range of the public, at less cost, than the current local print publications or customhouse postings. You know what? CBP is right, and kudos to them for this added efficiency that goes into effect on ...
The SAT of the Mexican Government has issued hundreds of questionnaires to U.S. exporters demanding proof that the country of origin of the merchandise shipped from the United States to Mexico really qualified under NAFTA. The problem is that U.S. exporters are not taking the Mexican Government questionnaires seriously enough, resulting in the Mexican Government penalizing the Mexican importer which then sues the U.S. exporter.
Our beloved Transportation Security Administration (TSA) has the responsibility of screening passengers to "ensure that certain items and persons prohibited from flying don't board commercial airliners." This is accomplished through 43,00 Transportation Security Officers (TSOs) located at 450 airports around the United States. For me, while I am waiting in line to be screened, there seems always to be one energetic TSO screaming at my fellow passengers to take our shoes off, remove most liquids, take our belts off, take out our laptops, etc.. it is hard to remember that the official Mission of the TSA is to "protect the Nation's transportation systems to ensure freedom of movement for people and commerce." I do have one funny story to tell you about the TSA and a certain passenger.
I am pleased to share with you a new periodical, "World Export Controls Review - the journal of export controls and compliance," published by Brightlaw Media Ltd., London, England. The first issue published in March 2011 is free. The April 2011 publication contains my article entitled "Responding to an Administrative Subpoena Issued by the Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury."
The International Bar Association's 2nd Conference of the Americas takes place at the Mandarin Oriental Hotel, Miami, Florida, May 4-6, 2011. The inaugural Conference of the Americas took place in Mexico City in 2008. The International Bar Association (IBA) is the largest legal organization in the world.
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.
In my recent blog post entitled "The 3 Dirty Words Unspoken by U.S. Customs Commissioner Bersin", I had advised that U.S. Customs and Border Protection Commissioner Alan Bersin had established some priorities. One of the most prominent action steps already implemented by Commissioner Bersin was to reassign Todd Owen from his position as Executive Director for Cargo and Conveyance Security at CBP Headquarters in Washington, D.C. to become the new Director of Field Operations in Los Angeles, California.
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!"
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.
WARNING! U.S. Customs and Border Protection (CBP) has issued a record number of CBP Form 28s (Request for Information) and CBP Form 29s (Notice of Action) in 2010, and there is no end in sight. Import Specialists of CBP at ports of entry all over the United States are sending out these forms to importers demanding responses. If the responses are not satisfactory, the CBP officer will demand payment of customs duties. What an importer states in its response to CBP may result in CBP taking no further action, assessing customs duties, issuing a monetary penalty notice, or even referring the case for criminal prosecution.