Originally published by the Journal of Commerce in September 2017.
As the scoundrels of the world are ever more creative with their attempts to circumvent the law, Customs and Border Protection (CBP) responds by implementing new tools. One new tool is worth considering and one existing tool is worth revisiting.
The new enforcement tool is
On April 18th, President Trump issued an Executive Order (“EO” or “Order”) focused on the Buy American laws and regulations. See Buy American EO. This EO directs federal government entities to review their procurement rules so that, to the extent legally permitted, preference is given to American made goods. Section 2 specifically states: “[i]t
On Sunday, March 26, 2017, the Iranian State Agency (IRNA) announced the imposition of sanctions by Iran on 15 American companies. While the move is widely seen as Iran responding to recent and on-going enforcement action taken in the U.S., such action is certainly creating ever more complex circumstances in the region.
In explaining the
In the span of the last 18 months, the topic of corporate compliance programs has gotten considerable attention from the Department of Justice (“DOJ”) and now finally, DOJ has published significant details about how it is likely to measure the sufficiency of any company’s compliance program.
First, some background. In September 2015, the Yates memo
Originally published by the Journal of Commerce in January 2017
The Senate Armed Services Committee hearing on January 5, 2017 was an opportunity to learn what the intelligence community determined regarding cyber-attacks related to the 2016 Presidential election. For those of us having to deal with the potential consequences to our businesses, it was the
Originally Published by the Journal of Commerce in August 2016
In the face of its recent reorganization and enhanced computer system, it was really only a matter of time before the trade community started to see Customs and Border Protection (“CBP”) better organize its enforcement efforts, and now the first tangible step has been publicly
On August 5, 2016, the Canada Border Services Agency (“CBSA”) posted on the CBSA web-site a News Release entitled “Dartmouth store owner charged for falsifying documents and undervaluing shipments”. This News Release should cause Canadian business owners who import goods and/or general counsel of companies that import goods to ask important questions:
On June 6, 2016, Cornwall Newswatch reported that on May 21, 2016 the Canada Border Services Agency (“CBSA”) seized $USD 129,000 at the Cornwall border crossing. The money had not been reported by two travelers and was seized under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “Proceeds of Crime Act
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA) which brought with it a new era of accountability and expediency in protecting employers’ intellectual property. Whether proprietary lines of code in a software program, the secret recipe for fried chicken or highly-valued customer lists, “trade secrets” provide
Originally published by the Journal of Commerce in May 2016
Only three (3) years ago, when Tom Winkowski was Acting Commissioner of Customs and Border Protection (“CBP”) and John Morton the Director of Immigration and Customs Enforcement (“ICE”), both of them acknowledged publicly how their respective agencies had lost such significant depths of knowledge and