News Articles

Compliance Training

Employee Education in Compliance Training

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.

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Customs Regulations

Customs Brokers: Giving Credit to Accreditors

U.S. Customs & Border Protection (CBP) published the Final Rule on continuing education for individual customs broker license holders in the Federal Register on June 23, 2023. This Final Rule made several changes to Part 111 of the Customs Regulations and imposed a continuing education requirement on individual license holders.

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Section 301 Exclusions

Another China Competition Bill: The Future of Section 301 Exclusions

The Trade Act of 1974 grants the President broad powers to manage trade relationships with foreign countries. Section 301 of the act allows the President, acting through the United States Trade Representative (ā€œUSTRā€), to impose retaliatory tariffs on imports from a country if the USTR determines that countryā€™s economic conduct ā€œis unreasonable or discriminatory and burdens or restricts United States commerce.ā€

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US and Canada Investment in Mexico

Legal Framework Governing Foreign Direct Investment from the United States and Canada in Mexico

A large number of companies considering relocating their business abroad have turned their eyes to Mexico, which has become an attractive place for investors to relocate their business, mainly because it is close to the United States and Canada (nearshoring), the labor costs are relatively low, the availability of IMMEX (maquiladora) program, and because there is a preferential treatment to originating goods and foreign investments from the United States and Canada that are protected under the USMCA, among other factors.

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Prior-disclosure

Should You File a Prior Disclosure in 2023?

2023 is more than a brand-new year ā€“ it is an opportunity for your company to prioritize supply chain and customs compliance. For some companies, this means filing a prior disclosure with U.S. Customs and Border Protection (CBP). Companies that are frequent importers are seriously considering disclosing entry violations under the condition that Customs will not issue civil penalties against them.

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The U.S. and China are in a trade war

Doing Business with China Continues to Get More Difficult for U.S. Companies

The year 2022 saw a substantial increase in export restrictions applicable to China. The U.S. and China are not only in a trade war but there is also an effort by the U.S. to (1) prevent development of supercomputers, semiconductors and related products and technologies, and (2) prevent use of forced labor ā€“ especially involving the Uyghur minority in the Xinjiang region.

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China and India trade with Russia at record levels

China and India, A Year Later, Post Invasion, Still Walking the Tightrope With the U.S. as They Continue to Set Records in Trade with Russia

Chinaā€™s trade with Russia hit a record $190 billion U.S. in 2022, key operative word ā€œrecord.ā€ China is setting a course to become Russiaā€™s top trade partner and prove to the world just what the ā€œno limitsā€ partnership can produce. An additional ā€œmaybe some limitsā€ friend to Russia among the worldā€™s larger economies is India.

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Importer Registration

SuspensiĆ³n del Padron de Importadores

Uno de los requisitos mĆ”s importantes para importar mercancĆ­as a MĆ©xico es estar registrado como importador en el registro de importadores mexicanos. Hay 2 tipos de registros para importadores, uno es para importadores generales (PadrĆ³n de Importadores) y el otro es para importadores de sectores industriales especĆ­ficos (PadrĆ³n de Importadores de Sectores EspecĆ­ficos) que pueden importar mercancĆ­as identificadas por el cĆ³digo arancelario MX (es decir, productos quĆ­micos, armas de fuego, puros, calzado, textiles, alcohol, hidrocarburos, siderurgia, automociĆ³n, etc.). Generalmente, estos 2 registros son listados con informaciĆ³n de personas y entidades autorizadas para importar mercancĆ­as a MĆ©xico.

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Importer Registration

Suspension of Mexican Importer Registration (Padron de Importadores)

One of the most important requirements for importing goods into Mexico is to be registered as an importer under the Mexican importerā€™s registry. There are 2 types of registries for importers, one is for general importers (Padron de Importadores), and the other is for importers of specific industry sectors (Padron the Importadores de Sectores Especificos) which may import goods identified by the MX tariff code (i.e. chemical products, firearms, cigars, footwear, textiles, alcohol, hydrocarbons, steel, automotive, etc.). Generally, these 2 registries are lists with information of individuals and entities authorized to bring goods into Mexico.

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free trade zone

Maximizing Duty Savings Series Leveraging Bonded Warehouse and Foreign Trade Zones

Consider this scenario: a client faced the challenge of deferring duty payments while managing a significant volume of imports destined for re-exportation from the U.S. Initially considering duty drawbacks, which proved unsuitable for their specific needs, we turned our attention to bonded warehouses and free trade zones. This scenario is not uncommon in the trade world and highlights a critical decision point for many businesses: choosing between a bonded warehouse and a Foreign Trade Zone (FTZ).

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first sale

What is the ā€œFirst Saleā€ Rule and How Does it Affect Me?

The First Sale Rule applies in circumstances such as the example above. A US company places an order with a middleman in the US. The middleman in turn subcontracts to a foreign supplier. The supplier then ships the product either to the middleman or to the original US company that placed the order, meaning either could be the importer of record. The entered value could be the amount on the original purchase order or the price paid by the middleman to the foreign supplier.

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tolkenizing

Assessing the Benefits and Challenges of Tokenizing Real World Assets

The world of cryptocurrencies on blockchains and the world of traditional assets in markets have often stood in stark contrast to one another since Bitcoinā€™s creation in 2008. The lack of a reliable bridge between these two worlds has limited the impact of cryptocurrencies on assets in the real-world outside of on-chain speculation and prevented adoption of the benefits that blockchain technologies can bring to real world processes.

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Taiwan

Taiwan, Invasion & Trade, Part 2

President elect Lai Ching-teā€™s victory in Taipei ignited tensions across the Taiwan strait and now the geopolitical field waits to see if China will kick off World War Three. Iā€™m only slightly joking, but Beijing has exerted diplomatic pressure on nations maintaining close ties with the island in the past and Taiwanā€™s decision to remain a democracy will no doubt ramp up Chinaā€™s reunification process in the coming months. But how will that affect trade relations?

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usmca

USMCA GURU

Of the 21 FTAs (Free Trade Agreements) that the U.S. currently has in place none is more significant than USMCA (formerly known as NAFTA). The benefits of participation can be substantial. If you need some assistance in qualifying your merchandise, BLG has USMCA Gurus (formerly known as NAFTA Gurus) on campus. Jim Holbein, D.C. counsel for Braumiller Law Group, even helped negotiate the original NAFTA agreement. Our mantra is rooted in success, drawing from decades of experience.

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ai

AI

We would like to go on the record and state that AI will not be replacing any of our attorneys in the near future. Well maybe a few by 2050 as some will be 80 years old by then. Keep in mind they will have learned everything they know from us. So they, for all intents and purposes, are us. Maybe we could all eventually just go on vacation and let our AIā€™s do all the work. On second thought, they are really still just infants in the machine, ever evolving but still infants. Keep in mind the next time you engage with your favorite AI app for legal advice. BLG will be here if you need us, or possibly at the beach with cell service.

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