News Articles

sanctions violations

New Legislation Extends Statute of Limitations for Sanctions Violations

Recently, President Biden signed a foreign military support bill (H.R. 815) into law, which also encompassed the 21st Century Peace Through Strength Act (the Act), a legislative proposal introduced in the House containing various U.S. sanctions-related measures. These sanctions measures extended the statute of limitations (“SOL”) from five to ten years for civil and criminal violations of sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”).

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BRICS

BRICS–A Focus on De-Dollarization and Global Expansion

The new world order apparently has some merit as more than 30 nations have reportedly submitted applications to join the BRICS alliance wanting to reduce reliance on the US dollar. This wave of applications is a testament to the trust in the BRICS alliance as a viable option to a traditional economic structure. The BRICS alliance has broad shoulders and is representative of considerable economic growth.

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license exemptions

Australia and United Kingdom License Exemptions on the Way!

Canada has long enjoyed International Traffic in Arms Regulations (ITAR) license exemptions and minimal controls for items subject to the Export Administration Regulations (EAR). What about some of our other friends, such as Australia and United Kingdom? There are ITAR license exemptions for these countries in Parts 126.16 and 126.17 of the ITAR.

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Section 301 Exclusions

USTR Extends Certain Section 301 Exclusions for One Year – Is Your Exclusion Still Valid?

The United States Trade Representative (USTR) recently released a list of Section 301 exclusions that would be extended through May 31, 2025. Within the Notice, the USTR explained that extending these exclusions will support efforts to shift sourcing out of China, or provide additional time where, despite efforts to source products from alternative sources, availability of the product outside of China remains limited.

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China’s FDI in Mexico

Overcoming Obstacles: Challenges Faced by China’s FDI in Mexico

China’s foreign direct investment (FDI) in Mexico has seen substantial growth in recent years, reflecting a strategic alignment with global economic shifts and regional trade dynamics. This trend positions China as one of the fastest-growing sources of foreign investment in Mexico, with the majority of investments flowing into the manufacturing sector.

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Digital Assets Policy

Recent Developments in Digital Assets Policy

Digital assets, including blockchain and cryptocurrency protocols and companies, have been in a defensive posture for much of 2022, 2023 and 2024. The collapse of crypto exchange FTX and numerous enforcement actions taken by the Securities Exchange Commission (SEC) and Commodities Futures Trading Commission (CFTC) have forced the sector to retrench and upgrade their abilities to meet the higher standards of securities laws.

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Foreign Direct Investment

Foreign Direct Investment Trends in 2024

Foreign Direct Investment (FDI) is a driving force behind global economic growth and development, acting as a lifeline of funding for nations around the world. Imagine a company from one corner of the globe setting up shop or acquiring a business in another – that’s FDI in action.

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China’s FDI in Mexico

机遇与挑战:中国企业赴墨西哥投资

中国在墨西哥的外国直接投资 (FDI) 近年来显着增长,这反映了中国与全球经济格局转变和区域贸易动态的战略性协调。这一趋势使中国成为墨西哥增长最快的外国投资来源国之一,其中大部分投资流向制造业。

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Uyghur Forced Labor

Forced Labor Questionnaires: Another Helpful Hint

In February 2024, Customs and Border Protection (CBP) began taking a new approach to Uyghur Forced Labor Prevention Act (UFLPA) enforcement—questionnaires. Once again, the solar industry is among the first targets, vanguards among importers, hacking their way through new regulatory growth, hopefully exposing a clear way through for all who follow. Active enforcement mechanisms like questionnaires—and the Forced Labor Enforcement Task Force (FLETF) itself—are still evolving.

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BIS freight forwarders

BIS Updates Freight Forwarder Guidance And Best Practices

The Bureau of Industry and Security (BIS) has recently published a guidance document on its new website aimed at helping freight forwarders and exporters uphold compliance with U.S. export controls and regulatory requirements. The document emphasizes the significant role that freight forwarders play in securing the global supply chain and preventing the proliferation of illegal exports.

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De Minimis

De Minimis An Ever-Growing Problem of De Maximus ProportionDe Minimis

De minimis is a term that refers to a threshold below which certain goods are exempt from import duties or taxes. However, in the landscape of international trade, it has become a contentious issue for the United States. Those “bad actors”, and even some, not so bad, but willing to take advantage of a loophole have found a way around the tariffs. This so-called loophole of allowing goods with a fair retail value of $800 or less to enter the U.S. without paying an import tariff has become a monster that Customs needs to find a way to deal with conclusively.

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IMMEX Customs

The Importance of Pedimento Codes for the IMMEX Customs Regime

In Mexico, a customs regime is the destination or treatment for goods subject to customs control in accordance with the nature and purposes of a customs operation. Companies with an IMMEX program may perform operations under the so-called customs regime of “temporary importation for elaboration, transformation or repair under a maquila program”. This name by itself implies several facts to consider.

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aluminum extrusions investigation

Aluminum Extrusions II – Scope Modifications Proposed, Dept. of Commerce Questioning Manageability

Since the last update on the AD / CVD aluminum extrusions investigation (dubbed Extrusions II) in what appears to be a response to strong opposition from trade industry groups, legislators, governments, and other interested parties, as well as dubious signals from the Department of Commerce, (Commerce) the Petitioners in the ongoing Aluminum Extrusions investigation have proposed modifications to the scope of the investigation.

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Legal Norms Artificial Intelligence

Evolving Legal Norms for Artificial Intelligence  in the European Union and the United States

Artificial Intelligence (AI) has been a hot topic for the last 2-3 years for politicians, technologists, and many people in civil societies globally. The use of the technology has obvious benefits for increasing productivity and value produced by businesses and organizations, along with dangers from misuse, such as deep fake propaganda and serious security risks. Two recent efforts to develop legislation addressing AI technology offer an opportunity to compare and contrast the differing approaches in the European Union (EU) and the United States (US).

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IMMEX Customs

La importancia de los Claves de Pedimentos en el Régimen Aduanero de las IMMEX

En México, un régimen aduanero es el destino o tratamiento que se da a los bienes objeto de control aduanero de conformidad con la naturaleza y propósitos de una operación aduanera. Las empresas con un programa IMMEX pueden realizar operaciones al amparo del régimen aduanero llamado “importación temporal para elaboración, transformación o reparación en programas de maquila”.

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Trade and Food Security

The Nexus of Trade and Food Security Amid Global Conflicts

The intricate interplay between trade and food security has emerged as a vital global issue, one that is closely interwoven with the tapestry of international conflicts and political instability. Remember the 2019 pandemic when toilet paper supply chains were interrupted?  Now imagine that on a much larger scale with basic food staples like rice, wheat or corn.

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CTPAT Supply Chain Hero of Trade

The Unsung Hero of Trade: Why CTPAT Matters

In the ever-changing world of trade, where predicting the future is a constant challenge, looking back at the past decade offers valuable insights into the evolution of the supply chain and the tools that have developed to contribute to efficiency and security.

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Voluntary Self-Disclosures

BIS Unveils Enhanced Voluntary Self Disclosure Protocols

On January 16, 2024, the Bureau of Industry and Security (BIS) under Assistant Secretary for Export Enforcement, Matthew Axelrod, disclosed significant enhancements to the process for Voluntary Self-Disclosures (VSDs) related to the Export Administration Regulations (EAR). These adjustments are strategically designed to streamline export control compliance for U.S. governmental bodies, the commercial sector, and academic entities.

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ftz

FTZ’s and the Business Drift

Bob Brewer VP of Marketing/NBD is joined by Braumiller Consulting Group’s VP Robert Stein to discuss the common business drift with FTZ’s when it comes to maintaining compliance and administration.

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water on mars

Water on Mars

Scientists discovered evidence of a large reservoir of water on approximately 13 miles below the Martian surface inside the pores of the planet’s crust. They believe there is enough to cover the entire planet with an ocean about one mile deep. Imagine a populated planet in the future with trade routes navigated by sub-mars-ines towing containers. The discovery is a promising sign that Mars could one day reveal the most sough-after discovery in human history. Life beyond Earth. And subsequently eventual trade beyond earth. We love the science behind Universal Trade Compliance. Braumiller Law Group is your partner in international trade law.

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usmca joint review

USMCA Joint Review Process Part 1

This is the first of a three-part series about the USMCA joint review process, focusing on China, Mexico, and competing visions of a “worker-centered” trade policy. Part one introduces the USMCA joint review process and explores how US trade policy would likely operate during Trump’s second term. Part two outlines some of the major trade issues that will be on the table during joint review, focusing on the Mexico-US relationship, and anticipates Harris’s likely approach to trade policy. Part three offers a critique of the worker-centered trade policy developed under the Biden administration, presents an alternative, and suggests new avenues for multi-stakeholder participation that Harris’s approach might create.

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arctic region

Coming Soon: A New Polar Icebreaker Competition in the Arctic Region for Trade Route Supremacy

The US, Canada, and Finland are launching a joint partnership to build more ice-breaking ships to compete with China and Russia in Arctic. Sad but true, here we go again. Whether it’s the South China sea, or even the moon, there will be territorial disputes to challenge ownership where no ownership should actually exist. The pact aims to produce a fleet of ice-breaking ships to display a posture of power in the polar regions and enforce international norms and treaties.

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a head scratcher

A Head Scratcher

A product has a country of origin of China, is not subject to China 301 duties and is eligible for USMCA benefits when imported from Canada – Whaaat!?

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Commercial International Trade Contracts

Using a Contract Review Checklist for Commercial International Trade Contracts

In the complex world of commercial international trade, contracts serve as the foundation for successful transactions. A well-prepared contract review checklist provides a basis for lawyers to ensure that all necessary terms and conditions are covered, protecting all parties involved. This article outlines the essential components of a contract review checklist related to goods in international trade. The goal is to provide a structured approach to reviewing and drafting contracts, beyond the basics of INCOTERMS.

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brics

BRICS – Shaping the Future of Global Finance and Investment

Imagine a world where five powerhouse nations are redefining the global economic landscape. BRICS—an acronym for Brazil, Russia, India, China, and South Africa—is not just a coalition of emerging markets; it is a formidable alliance shaping the future of global finance and investment. You can read about the coalition’s attempt to unseat the US dollar in our previous newsletter.

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texas

The Trade Powerhouse: Analyzing Texas’ Role in Global and National Trade

Texas isn’t just celebrated for its breathtaking landscapes and rich history—it’s a dynamic powerhouse in international and interstate trade. As the second-largest state in the U.S., Texas capitalizes on its strategic location, diverse economy, and vast infrastructure to fuel an extraordinary flow of goods and services. If Texas was a country, it would be ranked as the eighth- largest economy in the world, ahead of both Canada and Russia.

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bob brewer

Deep Thoughts by Bob Brewer

Bob Brewer, VP of Marketing at Braumiller Law Group, discusses the tariffs of Section 301, anti-dumping and counter vailing. Consider manufacturing in Mexico.

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