Originally published by the Journal of Commerce in December 2012 What happens in the regulatory arena over the next year depends in great measure on how disciplined Congress becomes. For example, where will budget cuts hit the various regulatory agencies? Will new laws be enacted which require agencies to take on significant new responsibilities but… Continue Reading
Originally published by the Journal of Commerce in November 2012 The 2012 election is over with – thank goodness! It was an election long on attack ads and generalities, short on well-articulated positions, and generally one of the most negative election cycles the country has seen in a very long time. Much hand-wringing will occur… Continue Reading
Originally published by the Journal of Commerce in October 2012 The Securities and Exchange Commission (SEC) issued the long-awaited conflict minerals regulations on September 12, 2012. See http://www.gpo.gov/fdsys/pkg/FR-2012-09-12/html/2012-21153.htm for the full text. They take effect on November 13, 2012 and cover products that include tantalum, tin, gold or tungsten. The goal of the law is… Continue Reading
Originally published by the Journal of Commerce in August 2012 Last month, the L.A. County Bar’s Customs Law Committee had a meeting with the local U.S. Attorney. Perhaps the most interesting point which resulted was agreement among all parties that not enough prosecutions are taking place regarding purely import/export trade fraud cases. While this might,… Continue Reading
Originally published by the Journal of Commerce in July 2012. One of the hallmarks of an importer’s relationship with Customs and Border Protection is reasonable care. In its simplest terms, this means the importer has taken all the reasonable steps necessary to make sure the classification and value of his goods are accurately stated at… Continue Reading
Originally published by the Journal of Commerce in June 2012. One of the surety companies, which is a major player in the Customs bond market, recently sent a general notice reminding customs brokers that when an importer has a continuous bond, it is an increased risk indicator if CBP starts demanding single transaction bonds. While… Continue Reading
Originally published by the Journal of Commerce in May 2012 At the Trade Symposium which occurred on May 10, 2012 in Long Beach, CA, much of the attention was on the CEEs, or Centers for Excellence and Expertise. Acting Commissioner David Aguilar kicked off the event by confirming CBP recognizes it needs to change its… Continue Reading
Originally published by the Journal of Commerce in April 2012. At the recent 7th Annual Homeland Security Law Institute sponsored by the American Bar Association’s Administrative Law Section, the most interesting panel was one entitled: “Executive Agency General Counsel Panel: A Look At Homeland Security Legal and Policy Issues”. The participants were senior attorneys from… Continue Reading
Originalyl published by the Journal of Commerce in March 2012 A pressing issue currently confronting the customs brokerage community is what will the industry look like in the future? The corresponding issue facing Customs and Border Protection (CBP) is how to finally get to the point where there is a true partnership with the brokerage… Continue Reading
Originally published by the Journal of Commerce in February 2012 In recent weeks there have been several meetings in the Los Angeles area at which local and Headquarters Customs and Border Protection (CBP) senior managers have given presentations about the priorities for the agency in the current fiscal year. Despite the fact CBP will function… Continue Reading
Originally published by the Journal of Commerce in January 2012 – The Government Generally Gets Its Way Did you see the press coverage in August 2011 surrounding the raid by Fish + Wildlife and Homeland Security (ICE) Investigators on Gibson Guitar’s facilities in Nashville and Memphis, TN? As that case proceeds, one is forced to… Continue Reading
On November 14, 2012, the Dept. of Justice and the Securities and Exchange Commission published “A Resource Guide to the U.S. Foreign Corrupt Practices Act.” For detailed coverage about its provisions and what was left out, see Part 1 – http://www.msk.com/news/pub.cfm?id=1988&type=Alerts Part 2 – http://www.msk.com/news/pub.cfm?id=2000&type=Alerts Part 3 – http://www.msk.com/news/pub.cfm?id=2004&type=Alerts
For an update about the Act and its registration provisions, which have now been extended to January 31, 2013, see http://www.msk.com/news/pub.cfm?id=1960&type=Alert.
When Gibson Guitar settled with the Dept. of Justice, one of the key components of the settlement was the robust compliance program Gibson agreed to put in place. For more details about it and the overall reminder this case provides about do not tick off the Government when you are in litigation with them or… Continue Reading
While originally written, the article dealt with the arrest of an industry leader. That case has now been resolved with a guilty plea. The article remains nonetheless timely as it raises questions about how companies and ins
For an update about how U.S. Customs is enforcing intellectual property rights, see http://www.msk.com/news/pub.cfm?id=1873&type=Alert.
For details about the Korea – US Free Trade Agreement and in particular some of the relevant compliance issues, see http://www.msk.com/news/pub.cfm?id=1841&type=Alert
For an update on these topics, please see http://www.msk.com/news/pub.cfm?id=1791&type=Alert which will also provide some best practices recommendations for those who rely on free trade agreements whether importing or exporting.