International Trade Compliance News Articles

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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.

Primer on Deemed Export Compliance

Harold Jackson June 13, 2022

A “deemed” export occurs when certain types of information are released to a foreign person. This primer seeks to describe the introductory concepts of deemed export enforcement in the United States.

The Importance of Compliance Strength During Rapid Growth

Linnea Deeds June 12, 2022

Rapid growth, which usually indicates a positive stage for companies, comes with potential downsides, as seen in the cautionary tale of Toll Holdings.

Forced Labor Questionnaires: Another Helpful Hint

Adrienne Braumiller April 2, 2024

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.

BIS Updates Freight Forwarder Guidance And Best Practices

Adrienne Braumiller April 2, 2024

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.

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

Bob Brewer April 2, 2024

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.

The Importance of Pedimento Codes for the IMMEX Customs Regime

Brenda Cordova April 2, 2024

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.

Maximizing Duty Savings Series –Section 321 Duty Exemptions or De Minimis Exemptions

Kerry Wang April 2, 2024

Welcome to the second installment in our series on duty-saving strategies. After discussing the utilization of Foreign Trade Zones and Bonded Warehouses in our previous article, we now turn to Section 321, a topic of significant importance and, as you’ll see, considerable debate.

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

Paul Fudacz April 2, 2024

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.

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

James Holbein April 2, 2024

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).

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

Brenda Cordova April 2, 2024

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”.

The Nexus of Trade and Food Security Amid Global Conflicts

Victoria Holmes April 2, 2024

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.

The Unsung Hero of Trade: Why CTPAT Matters

Judy Davis April 1, 2024

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.

Navigating Trade Waters: A Deep Dive into the USMCA Joint Review Process and Its Impact on China and Mexico – Part Two: The Mexico-US Trade Landscape and Harris’s Potential Vision

October 8, 2024

China and Walmart, Please, for the Love of ____, Let’s Observe a Silver Lining Partnership in an Otherwise Dismal Global Landscape

October 8, 2024

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