International Trade Compliance News Articles

News Articles

Can, and Should, the U.S. Government Develop a CBDC System?

James Holbein October 10, 2022

In response to the Executive Order on Ensuring Responsible Development of Digital Assets[1] issued on March 9, 2022, both the White House Office of Science and Technology Policy (OSTP) and the Treasury Department (Treasury) have recently issued reports analyzing the possible design and feasibility of creating a U.S. Central Bank Digital Currency (CBDC).[2] The reports make clear that significant technical issues and major policy considerations need to be addressed for the U.S. to develop a CBDC.

Snapshot of Section 301 Litigation – Litigating the Adequacy of the USTR’s Rationale for List 3 and List 4a

Harold Jackson October 10, 2022

The legality of the Section 301 Actions for List 3 ($200 Billion Trade Action) and 4a ($300 Billion Trade Action) continues to be contentiously disputed before the Court of International Trade. The mass action, In re Section 301 Cases, No. 21-00052, encompasses claims of over 6,500 Plaintiffs that argue the Section 301 Duties, enacted under the Trade Act of 1974, are illegal.

China’s Economic Cost of Invading Taiwan

Victoria Holmes October 10, 2022

China and Taiwan have been locked in a tussle for decades over who gets to call the island country home. China considers Taiwan a breakaway province, while Taiwan sees itself as a sovereign nation. The recent increase in tensions between China and Taiwan has many experts worried that Chinese forces may soon attempt to retake the mainland by force, but that won’t happen anytime soon. China would face a prolonged conflict on its doorstep that would worsen its already strained economic conditions.

OFAC Reissues Cyber-Related Sanctions Regulations

Mike Smiszek October 2, 2022

An inherent aspect of any new technology is that it doesn’t take long for bad actors to figure out how it can be weaponized for nefarious purposes. Cyber-related technologies represent an increasingly dangerous area of risk for everyone, whether they are individual citizens, business and infrastructure entities, or governments. Adversaries of the U.S., including China, Russia, and North Korea have engaged in acts of cyberespionage, often intended not only to cause actual harm, but also to test our ability to counter acts of malicious cyber-intrusion.

What is the CHIPS Act, and Will it Fix the Semiconductor Supply Chain Issues?

Craig McClure October 2, 2022

Unless you’ve been living on a lost island in the South Pacific, you are no doubt aware of the shortage of semiconductors. The shortage and supply chain issues have been highlighted in media reports that feature video images of parking lots and fields full of partially assembled automobiles at many U.S. auto manufacturing locations.

Forced Labor Due Diligence – Supply Chain Tracing Requirements to Comply with UFLPA, Withhold Release Orders, and More

Adrienne Braumiller August 22, 2022

We can all agree that goods made from forced labor, indentured labor or child labor should not be introduced into the U.S. market. Indeed, U.S. law prohibits the entry of goods made from forced labor. The Uyghur Forced Labor Prevention Act (“UFLPA”) which went into effect as of June 21, 2022, expands on this prohibition by placing a ban on goods from the Xinjiang Uyghur Autonomous Region (“XUAR”) where ethnic minorities are being exploited or certain specified entities that are involved in using forced labor

Primer on Forced Labor Enforcement for U.S. Importers

Adrienne Braumiller August 22, 2022

This Primer provides introductory guidance to complying with U.S. forced labor laws for importers, and includes an introductory overview to forced labor laws, U.S. Customs and Border Protection’s (CBP) authority to enforce forced labor laws, outlines importer requirements under The Uyghur Forced Labor Prevention Act, describes the detention processes for imported goods made with forced labor, lists key recommended compliance actions for adhering to U.S. forced labor laws, and provides helpful resources for complying with U.S. forced labor laws.

Incursion and World Trade, Part 4: Are India and China Coming to Putin’s Rescue? The New Elephant in the Room

Bob Brewer August 22, 2022

Calculations by top economists show that Russia is accumulating about one billion dollars a day on oil and gas exports to fund the invasion.

Relations Between the U.S. and China In One Word, Dismal Is a Decline in Trade Inevitable?

Bob Brewer August 22, 2022

It’s goes without saying, but I will say it anyway, the recent visit to Taiwan by U.S. House Speaker Nancy Pelosi certainly didn’t help the already strained relations much, but within her reasoning for defiance of Beijing, the democracies of the world must stand together. The Chinese Embassy has now threatened to go to war with the U.S. over Taiwan.

Is Your Company in Compliance with US Immigration Form I-129 EAR / ITAR Certification Requirements?

Paul Fudacz August 22, 2022

Most companies that employ non-U.S. persons in the United States are familiar with visa requirements, including completing U.S. Citizenship and Immigration Services Form I-129 – Petition for a Nonimmigrant Worker. However, many are less familiar with the affirmative due diligence and certification requirements contained in Part 6 of the I-129.

DDTC is Open to Open General Licenses

Bruce Leeds August 22, 2022

Some may be familiar with Open General Licenses (OGLs) used in the United Kingdom and some other countries. They allow export of dual-use, strategic and other controlled articles to specific destinations under certain conditions.

Evaluating the Efficacy of Sanctions on Russia

Michelle Schulz August 22, 2022

Since the Kremlin’s February 24th invasion of Ukraine, western countries have put in place extensive global financial ramifications. To gauge the extent of effectiveness, one must decipher the numbers behind Russia’s deceiving published economic statistics. One staggering implication of the trade war with the west lies within the entire collapse of the GDP growth acquired in the post-Soviet era.

ImpactDAOs: Shaping the Future of Regenerative Organizations

James Holbein August 22, 2022

As Decentralized Autonomous Organizations (DAOs) have exploded into public consciousness, new types of DAOs are proliferating. A novel use case for DAOs, termed “ImpactDAOs”, are defined as “any DAO that creates net positive externalities to the ecosystem around it.” An ImpactDAO seeks to use web3 and crypto-economic principles to regenerate a system, increasing resources and sustainability over time.

European Countries Beware, Winter Is Coming, with Ice King Putin Leading the Charge

Victoria Schneider August 22, 2022

If you haven’t heard the words Ukraine or Russia within the last 5 months, one would assume that you must live under a rock, or that you’ve just decided to tune them out. Just as it seemed that we were on our way to being in the clear from the COVID pandemic and getting back to a little bit of normalcy within the global supply chain, the ever-so-sweet Putin decided to invade the Ukraine.

U.S. Initiates Indo-Pacific Economic Framework in the South Pacific

Adrienne Braumiller June 21, 2022

On May 23 in Tokyo, Japan, the U.S., and other countries in the Pacific region launched the Indo-Pacific Economic Framework for Prosperity (“IPEF”). The countries included are Australia, Brunei, India, Indonesia, Japan, South Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam.

CBP Releases Guidance related to Complying with the Uyghur Forced Labor Prevention Act

Adrienne Braumiller June 21, 2022

U.S. Customs and Border Protection (“CBP”) released its first set of guidance relating to the Uyghur Forced Labor Prevention Act (“UFLPA”), which is set to take effect on June 21, 2022. CBP’s guidance takes the form of a website that is a homepage for UFLPA-related guidance, FAQs, webinars, graphics, and CBP contact information. This essential UFLPA homepage can be accessed at: www.cbp.gov/trade/forced-labor/UFLPA.

Incursion and World Trade, Part 3: Over 120+ Days into the Global Effect of Inevitable Food Insecurity

Bob Brewer June 21, 2022

Here we are, at the time of this writing over four months into the Russian invasion of Ukraine, with no end in sight. I will personally submit that I am, appalled that this, the murder of innocent civilians and devastation of another country’s infrastructure, can be permitted to continue, as we watch from the sidelines as if it was just another simple documentary on another war.

Understanding the Statutory Four-Year Review Period of the Tariffs

Jennifer Horvath June 20, 2022

Many importers are eagerly awaiting the United States Trade Representative’s (“USTR”) required four-year review of the Section 301 Chinese tariffs. Section 301 of the Trade Act of 1974 grants the Office of the USTR a range of responsibilities and authorities to investigate and take action to enforce U.S. rights under trade agreements and respond to certain foreign trade practices.

Indo-Pacific Trade Initiative to Enhance U.S. Economic Influence

James Holbein June 20, 2022

On May 23, 2022, President Biden launched the Indo-Pacific Economic Framework for Prosperity (IPEF) with a dozen initial partners: Australia, Brunei, India, Indonesia, Japan, Republic of Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam.

Implications of a United States Central Bank Digital Currency

James Holbein June 15, 2022

This article provides an overview of the issues surrounding CBDCs in a Q&A format to provide a lens for the analysis of the many government reports due in September, October and through the end of this year.

CTPAT

BCG February 29, 2024

Customs Trade Partnership Against Terrorism is about building supply chain security and mitigating risk. CTPAT is an ever-evolving security program that was inaugurated by Customs and Border Protection in 2001 under the newly establish Department of Homeland Security. Today is is a multi-layer cargo strategy that works with the trade community to support and strengthen international supply chains. There are at least a dozen benefits to the program including reduced number of CBP examinations, front of the line inspections, shorter wait times at the border, possibility of enjoying additional benefits by being recognized as a trusted trading partner by foreign customs administrations that have signed a Mutual Recognition Agreement with the United States, eligibility for other U.S. government pilot programs such as the FDA’s secure supply chain program, priority consideration at CBP’s industry focused Centers of Excellence and Expertise, the best approach is to have a guide assist int he process of applying for entrance into the program and we just happen to have a CTPAT expert on campus.

Bananas

BCG February 8, 2024

WIth regard to import and export, bananas are botanical berries not fruit. The HTS code for berries is different from that of bananas which is different from the HTS code for edible fruit in general. If you need help with classification BLG can assist.

BIS Unveils Enhanced Voluntary Self Disclosure Protocols

Adrienne Braumiller February 6, 2024

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.

Suspensión del Padron de Importadores

Brenda Cordova February 6, 2024

Uno de los requisitos más importantes para importar mercancías a México es estar registrado como importador en el registro de importadores mexicanos. Hay 2 tipos de registros para importadores, uno es para importadores generales (Padrón de Importadores) y el otro es para importadores de sectores industriales específicos (Padrón de Importadores de Sectores Específicos) que pueden importar mercancías identificadas por el código arancelario MX (es decir, productos químicos, armas de fuego, puros, calzado, textiles, alcohol, hidrocarburos, siderurgia, automoción, etc.). Generalmente, estos 2 registros son listados con información de personas y entidades autorizadas para importar mercancías a México.

Who is the Importer of Record: Security Interests and the Right to Act As IOR

Gavin Andersen February 5, 2024

By: Gavin Andersen, Law Clerk, LCB and Adrienne Braumiller, Founding Partner, Braumiller Law Group Last June (2023), in response to a ruling request from Your Special

Parallel Imports, A Global Phenomenon, And a Very Grey Area Regarding International Trade

Bob Brewer February 5, 2024

At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for importation into the U.S. It’s a global phenomenon, a very grey area, and their presence varies across different parts of the globe.

Suspension of Mexican Importer Registration (Padron de Importadores)

Brenda Cordova February 5, 2024

One of the most important requirements for importing goods into Mexico is to be registered as an importer under the Mexican importer’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.

Maximizing Duty Savings Series Leveraging Bonded Warehouse and Foreign Trade Zones

Kerry Wang February 5, 2024

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).

What is the “First Sale” Rule and How Does it Affect Me?

Bruce Leeds February 5, 2024

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.

Assessing the Benefits and Challenges of Tokenizing Real World Assets

James Holbein February 5, 2024

The world of cryptocurrencies on blockchains and the world of traditional assets in markets have often stood in stark contrast to one another since Bitcoin’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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