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."
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.
Please make plans to attend the Forbidden Places -- Tourism and Trade seminar on September 24, 2010. This seminar will take place at the J.W. Marriott Hotel, Miami, Florida. This half-day seminar will address a variety of recent regulations administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury. Topics to be addressed include travel to and trade with restricted countries, immigration aspects of tourism to sanctioned countries, and representing a client who is the subject of an investigation or penalty by the OFAC.
Maerk Line, Ltd. paid the U.S. Office of Foreign Assets Control (OFAC) $3 million to settle allegations of violations of the U.S. trade embargo with Sudan and Iran that Maersk committed between 2003 and 2007. How the world's largest ocean transportation company committed such violations is a good story. How Maersk's lawyer was able to limit the payment to $3 million is also important to understand.
All those dietary supplements advertised on television and readily available on the Internet claim to do one thing or another. Taking certain pills allegedly will make you smarter, give you a burst of energy, end problems with erectile dysfunction, or even cure cancer. The United States Food and Drug Administration (FDA) is the primary Federal agency responsible for protecting the American consumer from such false claims. The FDA pursues criminal investigations through its Office of Criminal Investigations (OCI).
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.