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OFAC

EAREEIExportInternational TradeITARU.S. Bureau of Industry and Security (BIS)U.S. Census BureauU.S. Customs and Border Protection (CBP)U.S. Department of Commerce (DOC)U.S. Office of Foreign Assets Control (OFAC)

Exporting 101 – Introduction to Export Controls

posted by Jennifer Diaz May 7, 2021 0 comments

On April 30, 2021, the Bureau of Industry and Security (“BIS”) announced that it had fined FLIR Systems, Inc. $307,922 for an egregious violation of the Export Administration Regulations (“EAR”) for misrepresentations made in commodity jurisdiction (“CJ”) requests. A BIS spokesperson said: “BIS will not tolerate exporters that provide inaccurate or incomplete representations related to export regulations and laws.”

This recent announcement is a textbook example of why it is important to obtain counsel and be  both proactive and truthful in regards to your export compliance. Whether you are new to exporting or looking to understand the foundations of export controls, including a discussion of recent penalty cases like FLIR’s (so they do not happen to you), or a seasoned professional looking to understand the latest developments, this one-hour webinar is a must attend. Register today to hear directly from the following expert duo:

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The CAPTA List – An Introduction

posted by Jennifer Diaz April 15, 2021 0 comments

Co-Authored by Sharath Patil

What’s the CAPTA List?

The Correspondent Account or Payable-Through Account Sanctions List (“CAPTA” List”) is a list maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). The CAPTA List identifies foreign financial institutions that are prohibited or in some way restricted from maintaining a correspondent account or a payable-through account in the United States.

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Submitting a Voluntary Self-Disclosure to OFAC

posted by Jennifer Diaz April 6, 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 OFAC”! 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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OFAC Issues Clarifying Guidance on Communist Chinese Military Companies Sanctions

posted by Jennifer Diaz March 11, 2021 0 comments

Background on EO 13959

On November 12, 2020, President Trump issued Executive Order 13959 (“EO 13959”), Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies. EO 13959 prohibits U.S. investors from purchasing or investing in securities of companies identified by the U.S. government as Communist Chinese military companies (“CCMCs”), a designation determined by the U.S. Department of Defense and the U.S. Department of the Treasury.

Since former President Trump signed EO 13959, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) has issued clarifying guidance and general licenses on this matter.

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Building a Strong Export Compliance Plan

posted by Jennifer Diaz February 23, 2021 0 comments

Co-Authored by Sharath Patil

Exporting is a Privilege, Not a Right

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”), the International Traffic in Arms Regulations (“ITAR”) the Office of Foreign Assets Control (“OFAC”) sanctions laws, and the Foreign Corrupt Practices Act (“FCPA”). 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.

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Trump Administration Designates Cuba State Sponsor of Terrorism

posted by Jennifer Diaz January 12, 2021 0 comments

Co-Authored by Sharath Patil

Cuba Designated a State Sponsor of Terror

The U.S. State Department designated Cuba a State Sponsor of Terrorism (“SST”) on January 11, 2021. Countries are designated on the SST list when they are determined by the U.S. Secretary of State to have repeatedly provided support for acts of international terrorism.

The four main categories of sanctions resulting from designation can include restrictions on U.S. foreign assistance; a ban on defense exports and sales; certain controls over exports of dual use items; and miscellaneous financial and other restrictions. Here, the January 11 re-designation of Cuba on the SST subjects Cuba to:

  • Sanctions that penalize persons and countries engaging in certain trade with Cuba
  • Restricts U.S. foreign assistance to Cuba
  • Bans defense exports and sales to Cuba
  • Imposes certain controls on exports of dual use items.

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Treasury Imposes Further Sanctions on Iran

posted by Jennifer Diaz January 12, 2021 0 comments

Co-Authored by Sharath Patil

Background on Iran Sanctions 

The United States has imposed restrictions on activities with Iran under various legal authorities since 1979, following the seizure of the U.S. Embassy in Tehran following the Iranian Revolution. In October 2015, the United States, the United Kingdom, France, China, and Russia, as well as Germany (known collectively as the P5 +1) met with Iran and successfully negotiated the Joint Comprehensive Plan of Action (“JCPOA”). Pursuant to the JCPOA, Iran agreed to roll back parts of its nuclear program in exchange for relief from some sanctions. According to United Nations Security Council Resolution 2231, the JCPOA would result in “the comprehensive lifting of all UN Security Council sanctions as well as multilateral and national sanctions related to Iran’s nuclear program, including steps on access in areas of trade, technology, finance, and energy.” The few years of decreased economic sanctions towards Iran came to an end in May 2018 when the Trump administration unilaterally withdrew from the JCPOA. The return of increased U.S. sanctions towards Iran came into effect in November 2018.

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The Importance of Regular Export Compliance Training for your Business

posted by Jennifer Diaz November 19, 2020 2 Comments

Co-Authored by Sharath Patil

What’s Export Compliance?

Boundless opportunities exist for U.S. businesses when they export their products and services to foreign markets. In fact, over 95% of the world’s consumers are located outside of the United States. However, the vast export opportunities must be tempered by your duty to diligently and effectively comply with U.S. export control laws under the U.S. Department of Commerce’s Export Administration Regulations (“EAR”) and the U.S. State Department’s International Traffic in Arms Regulations (“ITAR”).

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President Trump Strengthens U.S. Policy Toward Cuba

posted by Jennifer Diaz October 17, 2019 1 Comment

President Trump Strengthens U.S. Policy Toward CubaDid you know that the Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced additional changes to U.S. policy toward Cuba implemented on October 9? On September 6th, the Trump Administration announced measures to increase economic pressure on the Cuban military regime. This follows past policy changes President Trump has taken to sanction the Cuban government for its daily human rights abuses against the Cuban people and abroad. Earlier this year, the President restricted non-family travel to Cuba by removing the travel exemption category of “people-to-people” travel to the island. 

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UPDATE: Non-Commercial Airplanes and Cruise Ships on Temporary Sojourn are Now Prohibited To Travel To Cuba.

posted by Jennifer Diaz June 4, 2019 0 comments

cuba - prohibtFollowing President Obama’s historical break in precedent, easing restrictions on Cuba in 2016, President Trump now seeks to deprive the Communist regime of revenue from American citizens.

President Trump, not wanting the US to be complicit in the oppression and subjugation of Cubans, has decided to roll back the newly established relationship and directed the Bureau of Industry and Security (BIS) to draft a final rule limiting the types of aircraft that are authorized to fly to Cuba and the types of vessels that are authorized to sail to Cuba on temporary sojourn. This change is likely to be a result of the exponential growth of the island’s economy, coupled with the lack of improvement in overall quality of life for its citizens.

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