In Part I of our NIST 800-171 series, we discussed various aspects of complying with DFARS 252.2014-7012 (NIST 800-171 compliance), including certifying under systems like EXOSTAR, identifying gaps within your systems (IT, procedural and physical), capturing CUI/CDI data …
On Friday, January 31, 2020, President Trump issued an executive order reiterating the policy of the United States regarding persons who facilitate imports of merchandise in direct violation of Federal laws and calling for the Secretary of Homeland Security to issue a notice of proposed rule-making to establish criteria an importer must meet before obtaining an importer of record (IOR) number.
âWhen can I get it?â Consumers have an insatiable appetite for speed. Just a few years ago, Dell made the news that you could get a customized laptop in just a few weeks. Now, Amazon sets the pace that you can get almost anything in 2 days, and some items much faster
One of the many improvements from NAFTA in the newly-ratified United States Mexico Canada Agreement (âUSMCAâ), is the added ability of your business to directly engage in an ongoing dialogue with a permanently established USMCA committee, whose express purpose is to work with businesses in order to clarify terms of control of the USMCA as well as improve the implementation of this brand new tripartite trade agreement.
Iâm sure by now, youâve read, or at least heard of, the Airbus SE multi-billion dollar settlement with U.S., French and UK authorities, for FCPA and Export violationsâthe largest penalty that I can recall in my 30+ years in international trade! Although, Iâve had extensive experience in anti-bribery and anti-corruption (ABAC) matters…
President Trump signed the Phase 1 Agreement with China on January 15, 2020. As part of the agreement, China has pledged to purchase $200 billion worth of goods and services over the next two years â this would be a 50% increase from the current levels. The $200 billion worth of goods and services is broken down into four main categories over 2020 and 2021…
The African Continental Free Trade Area (AfCFTA) is a free trade area, outlined in the African Continental Free Trade Agreement among 54 of the 55 African Union nations. The free-trade area is the largest in the world in terms of participating countries since the formation of the World Trade Organization. Nigeria and Benin were the hold outs until July of 2019.
Determining the correct classification of goods is arguably paramount to any good trade compliance program. However, many companies misclassify their goods at an astonishing rate. While this may be good for business for trade compliance consultants like myself, it isnât good when it comes time for our clientâs Customs audits.
S. Department of Homeland Security (DHS) data shows that between the years 2000 and 2018, seizures of counterfeit goods at U.S. borders have increased 10-fold, from 3,244 seizures per year to 33,810. In response to this surge, in April of last year, the Trump Administration published its Memorandum on Combating Trafficking in Counterfeit and Pirated Goods…
While the United States Trade Representative is currently inundated with Section 301 exclusion requests, the Department of Justiceâs (DOJ) National Security Divisionâs (NSD) recent update could be encouraging an influx of voluntary self-disclosures (VSDs) to the U.S. export agencies and the DOJ in the near future.
On Jan. 1, 2020 the Japan-United States Free Trade Agreement went into effect. The agreement provides duty-free, or reduced duty treatment, for certain Japanese imports into the U.S. and certain U.S. exports to Japan. The implementation details were printed in the Federal Register on Dec. 30, 2019 (84 FR 72187).
On January 6, 2020, BIS published an interim final rule adding âsoftware specially designed to automate the analysis of geospatial imageryâ to the EAR and requiring a license to export and reexport such items to all countries, with the exception of Canada. This rule classifies âsoftware specially designed to automate the analysis of geospatial imagery”
Incoterms are rules issued by the International Chamber of Commerce that facilitate global trade and are updated every ten years or so in an effort to keep up with the changes that take place in international trade. The current version is Incoterms 2010, but a new version, Incoterms 2020, is expected to be released in the last quarter of 2019 and will take effect on January 1, 2020.
Having heard the proverbial expression of âNot putting all of oneâs eggs in one basketâ since I was about 7 years old, I canât imagine laying out a marketing strategy and business expansion plan in this day and age without looking at all options, especially for the manufacturing location.
In light of President Trumpâs decision to increase tariffs on the $200 billion list of Chinese imports, China has decided to raise tariffs on $60 billion worth of U.S. goods. These retaliatory tariffs affect approximately 5,000 products and the total duty ranges from 20-25% depending on the commodity.
Many are wondering whether the updated NAFTA is going to make it. By make it, of course, we mean ratification of the agreement so that it may replace NAFTA. More and more, it seems that the âUnited States-Mexico-Canada Agreementâ is a misnomer because the only agreement we are seeing is that there are still kinks to work out.
The Bureau of Industry & Security (BIS) of the Department of Commerce announced that it was adding Huawei Technologies Co., Ltd. to the Entity List on May 16, 2019. Not just this Huawei company in China, but also 68 non-US affiliates of Huawei located in 26 countries.
In a Federal Register Notice dated April 12, 2019, the Office of the US Trade Representative (USTR) announced the initiation of an investigation into European Union (EU) subsidies of large aircraft. The notice also contained a list of European origin aircraft and other products targeted for potential additional duties.
On May 6, 2019, the Department of Justice (DOJ) issued guidance explaining how the DOJ awards credit to defendants who cooperate during a False Claims Act investigation. The policy states that the DOJ will consider (1) voluntary disclosure of wrongdoing, (2) cooperation in an ongoing investigation, and (3) taking remedial measures in response to the violation.
What war? Weâre on the right track. The trade deficit between India and the United States has decreased by nearly 7% to USD 1.6 billion in 2018, when compared to 2017. India recorded a decrease in the deficit from USD 22.9 billion in 2017 to USD 21.3 billion in 2018, according to the latest figures by the Bureau of Economy Analysis.
The implementation of trade policies in what many consider acts of protectionism and manipulation are the norm, and of course China and the U.S. are a prime example. Solutions include nearshoring, reshoring, and protectionism. Itâs complicated, so for the purpose of this article, letâs stick with nearshoring.
On November 1, 2023, FDA issued a proposed rule that would make changes to its prior notice regulations, if the rule is finalized. These changes include requiring the name of the mail service and a mail tracking number to be provided in prior notice for food articles arriving by international mail. In addition, the FDA proposes that food facility registration information and prior notice be submitted within a specific timeframe after receiving certain notices of refusal or hold (âpost-refusalâ and âpost-holdâ submissions).
On October 4, 2023, A coalition of 14 U.S. aluminum extrusion producers and labor unions filed petitions before the Department of Commerce, International Trade Administration (Commerce) and the International Trade Commission (ITC) seeking to impose antidumping (AD) and countervailing duties (CVD) on aluminum extrusions produced in 15 countries and exported to the U.S.
As we have previously explained in other articles, an IMMEX is a duty deferral program from the Mexican federal government created in 2006, which stands for Industria Manufacturera, Maquiladora y de Servicios de ExportaciĂłn (Manufacturing, Maquiladora and Export Services Industry).
On October 25, 2023, the Bureau of Industry and Security (“BIS”) published interim final rules amending the Export Administration Regulations (“EAR”) to add/clarify new controls on semiconductor manufacturing equipment (âSMEâ), advanced computing integrated circuits (âICâ), and computer commodities containing them.
In April of this year U.S. Customs & Border Protection (CBP) issued Headquarters Ruling H330077. The ruling was in response to a protest filed by an importer that had a shipment of wearing apparel excluded from entry under a Withhold Release Order (WRO) at the port of Newark, NJ. The wearing apparel was processed from cotton produced in India, made into yarn and fabric in China, and converted to wearing apparel in Cambodia. None of the parties to the transaction were located in the Xinjiang Region of China.
The Office of Management and Budget (âOMBâ), Made in America Office issued a Final Rule to clarify the Build America, Buy America Act (âBABAâ) provisions of the Infrastructure Investment and Jobs Act4 (âIIJAâ) and to clarify existing provisions related to domestic preferences. The Final Rule amends Title 2 of the Code of Federal Regulations (âCFRâ), subtitle A, chapter I by adding a new Part 184 to support implementation of BABA. OMB also amended 2 CFR 200.322 to clarify existing provisions within part 200. According to OMB, the Final Rule âis intended to improve consistency in the implementation of BABA requirements across the Federal Government.â5 The Final Rule will take effect October 23, 2023.
Tensions are escalating in the South China Sea, a vital maritime route for international trade. Taiwan remains at the center of this conflict and in an increasingly interconnected world, the prospect of a Taiwan invasion has far-reaching implications for global trade and geopolitics. Itâs becoming even more crucial to understand the potential repercussions of such an event on the global economy as a potential invasion from China becomes increasingly more likely.
Maximizing value is crucial when companies contemplate bringing on external support for any organizational function. While a company may consider several value categories, this article explores five primary categories â productivity, profitability, image, experience, and convenience. By maintaining a value proposition mindset when requesting consultant resources, selecting consultants, and working with consultants, trade compliance professionals leverage the benefits of external experts.
Employee education supports organizational growth and development. Its benefits are generally well known, but how do you ensure that training, in any form, generates the outcomes and advances you desire? Measuring and benchmarking success can be especially difficult when creating customized training programs, which are often needed for international trade compliance topics.
