News Articles

judicial deference

Judicial Deference in Customs Litigation

Mike Smiszek August 9, 2024

One of the most anticipated decisions of the Supreme Court’s recent term was Loper Bright Enterprises v. Raimondo. While the specific underlying dispute in Loper Bright isn’t relevant to the trade community—did fishermen have to pay for government-mandated observers on their vessels?—the Court used this case to overturn the broadly applicable judicial deference test established in 1984 in Chevron U.S.A. Inc., v. Natural Resources Defense Council.

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CTPAT

Level-Up Your CTPAT Portal

Judy Davis June 14, 2024

The CTPAT portal has been a work in progress for a number of years with the latest portal update (3.0) launched at the end of 2023. Let’s take a few minutes to explore a few strategies for best outcomes while avoiding common challenges and the SCSS response request for “more information”.

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tarriffs and trade sign

Tariffs and Trade

Robert Stein June 12, 2024

Those who cannot remember the past are condemned to repeat it.” – George Santayana. As an example of this I present to you the Smoot-Hawley Tariff Act of 1930. If you are not familiar with this, it is worth taking a moment to research.

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sanctions violations

New Legislation Extends Statute of Limitations for Sanctions Violations

Adrienne Braumiller June 10, 2024

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

Bob Brewer June 10, 2024

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!

Bruce Leeds June 10, 2024

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?

Brandon French June 10, 2024

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

Kerry Wang June 10, 2024

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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Mexico

Contratos Celebrados por Importadores Mexicanos (Su Relevancia en la Materialidad de las Operaciones Aduaneras y de Comercio Exterior)

BCG February 25, 2026

El marco jurídico mexicano en materia aduanera y de comercio exterior ha evolucionado hacia un modelo de cumplimiento más estricto y controlado.  Las autoridades ya no solo exigen que los importadores identifiquen cual es la mercancía objeto de la importación, sino también que acrediten bajo que términos y condiciones se realiza la operación de comercio exterior.

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USMCA

USMCA: Negotiation Preparations

Adrienne Braumiller February 1, 2026

The United States-Mexico-Canada Agreement (USMCA) is a trilateral free trade agreement that went into effect on July 1, 2020, as a replacement for its predecessor, the North American Free Trade Agreement (NAFTA). The three involved governments are preparing to initiate the first formal joint review in July 2026 as part of the sixth anniversary of the agreement entering into effect.

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IEEPA

IEEPA Litigation – Should you be Involved?

Brandon French February 1, 2026

Hundreds of importers have rushed to file lawsuits challenging tariffs imposed under the International Emergency Economic Powers Act (IEEPA) as they await a Supreme Court ruling on the statute’s overall legality.

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AI

Uncertainty Surrounding the Use of Artificial Intelligence (AI) in Tax and Customs / Foreign Trade Compliance

Brenda Cordova February 1, 2026

AI is now deeply embedded in the internet and social media, producing everything from humorous content and realistic simulations to advanced automation. These capabilities have expanded beyond entertainment and productivity, reaching into areas of public administration and government oversight. This raises a critical question: if AI is transforming nearly every sector, how will it reshape tax and customs compliance, and how will it be regulated?

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DDTC

Advisory Opinions From DDTC – What Are They?

Bruce Leeds February 1, 2026

The Directorate of Defense Trade Controls (DDTC) that administers and enforces the ITAR also issues Advisory Opinions (AO). What the heck is an AO? If you come from a Customs compliance background you know about Customs rulings and may have applied for some. An AO is sort of like a Customs ruling in that it is a written interpretation of the regulations.

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DAO

Integrating DAOs and DUNAs with Stablecoin Ecosystems

James Holbein February 1, 2026

We have analyzed Decentralized Autonomous Organizations (DAOs) and how the GENIUS Act will permit regulation of payment stablecoins in prior articles. This article examines how decentralized organizations interact with stablecoin ecosystems and the synergies between organizational and payment infrastructure innovation.

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Haiti

Renewal of Haiti HOPE/HELP and AGOA Trade Preferences Up to Senate

James Holbein February 1, 2026

In its usual fashion, Congress has allowed the tariff preferences for Haiti under the United States-Caribbean Basin Trade Partnership Act (CBTPA) and the African Growth and Opportunity Act (AGOA) to expire on September 30, 2025. Two bills passed the House with bipartisan majorities on January 12, 2026, to renew the tariff preferences retroactively to the date of expiration and then extend them to September 30, 2028. Both bills are now in the Senate Finance Committee awaiting action. This article examines the current status and likely outcomes of Senate review.

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