Since the summer (2015) there have been penalty settlements announced by the Federal Maritime Commission (FMC) which total in excess of $2,000,000.00. Its Bureau of Enforcement (BOE) is the arm of the Commission specifically focused on prosecution. The BOE investigates violations of the Shipping Act as well as enforces FMC regulations, and Bureau attorneys are the ones who act as […]
2016 has kicked off with some big changes, many of which pertain to the United State’s relationship with Cuba. On January 27th, 2016, the Bureau of Industry and Security (BIS) and the Office of Foreign Assets Control (OFAC) announced new regulations that further reduce U.S. sanctions on Cuba. Translation: things are looking up in terms of repairing a long-term strained […]
The Trade Facilitation and Enforcement Act of 2015 was passed by the Senate on February 11th, 2016 in a 75-20 vote. Now that the bill has been passed by the House and the Senate, the final piece of the puzzle is for President Obama to sign the bill into law. Given that this is projected to be enacted by the […]
Many of our clients are smaller, family-owned enterprises which have succession concerns. It is always important to be thinking ahead, whether it’s your overall strategic vision, marketing and sales, human resources, or any other facet of your business. The common thread for success in each of these disciplines is having a well-developed plan, including one for exit. Here I focus […]
It is no secret that there are many benefits to taking advantage of Foreign Trade Zones (FTZs). Regardless of the size of an importer or exporter, using FTZs can significantly reduce costs from customs duties and taxes, and as a result increase a company’s global market competitiveness. By definition, a foreign-trade zone is a geographical area (located within 60 miles […]
As we start off this new year there are some important new changes to be aware of; this includes the Bureau of Industry and Security’s (BIS) proposed changes to export enforcement guidelines. This bureau is the agency responsible for enforcing the Export Administration Regulations (EAR), which handles all export enforcement cases. These proposed changes will impact how the BIS categorizes […]
Freight forwarders, Customs brokers, and carriers always provide shipment tracking to their customers. There are a variety of ways to do this; they may use their own software to track shipments, or they may track shipments by linking to another carriers’ website. There is nothing magical about this, yet this type of technology may be covered by patents or copyright. […]
There is continual automation in the world of forwarding. One change this week is the integration of the Automated Export System (AESDirect) into the Automated Commercial Environment (ACE) Portal. Until recently, AESDirect has been the sole government electronic system used to input SED information on export shipments. Inputting this information accurately is of the utmost importance, as it is used […]
We have seen terrible problems arise when pharmaceuticals for medical trials have been imported without sufficient coordination between the importer and its broker. The Product Development and Testing Act of 2000 (PDTA) was enacted as part of the Tariff Suspension and Trade Act of 2000 (Act). Its purpose is to promote product development and testing in the United States, by […]
A surprising number of our clients have received subpoenas in civil suits or from Federal agencies lately, and there tends to be a bit of confusion about what exactly the implied responsibilities are regarding subpoenas. As such, it seemed only appropriate to author a blog on the topic this week. To start, let’s review what a subpoena is. Officially, a […]