
A New Era of Trade Fraud Enforcement
The new DHS/DOJ Trade Fraud Resource Guide should resonate across the trade ecosystem, especially for importers, Customs brokers, and in-house counsel.

The new DHS/DOJ Trade Fraud Resource Guide should resonate across the trade ecosystem, especially for importers, Customs brokers, and in-house counsel.

The war with Iran is being fought with missiles, aircraft and naval forces, but some of its most consequential effects are disruptions impacting energy markets, international shipping, insurance, supply chains, and prices, while adding another layer of sanctions and tariff risk to international trade. The result is particularly significant because the Strait of Hormuz, at the center of the conflict, is one of the most important arteries in world commerce.

A municipal government’s use of emergency powers might seem inconsequential, but it contributes to many communities’ accumulation of debt, housing and commercial space that is affordable to hypothetical residents but not actual ones, surveillance cameras, empty offices and strip malls, and contractual commitments to data centers and private prisons – all without any meaningful public involvement.

There are about 200 straits worldwide, but only 18–20 of them actually matter for global trade, and 9 are considered truly critical choke points. So, these are the straits/canals where closure would cause (and is currently causing) massive global economic shock: Strait of Malacca, Strait of Hormuz, Suez Canal, Panama Canal, Bab elMandeb, Strait of Gibraltar, Bosphorus Strait, Danish Straits, and of course, the ever-impending blockage of the Taiwan Strait.

A sweeping new White House Executive Order is set to once again shake up global supply chains by requiring a historic overhaul of the U.S. Importer of Record (IOR) framework. It lays out raising penalty floors, and tightening disclosure rules for everyone bringing goods into the United States, among other things.

“Origin Engineering” refers to modifying the sourcing of essential product inputs or relocating key manufacturing processes from countries subject to higher tariff rates to jurisdictions with more favorable trade treatment. It is one of the most effective tools available to importers navigating elevated tariff exposure.

Mexico’s customs and foreign trade legal framework has evolved toward a stricter and more controlled compliance model.

On June 3, 2026, President Trump issued Executive Order 14411, “Strengthening Customs Enforcement,” directing the Department of Homeland Security and U.S. Customs and Border Protection to tighten importer eligibility, increase disclosure obligations, and expand enforcement measures across the U.S. import system.

Yes, regarding this particular topic I am immediately surrounded by all of those external voices, even internal, telling me of how ridiculous it would be for the US to follow through and pull out of the USMCA. My response of course is noting that I probably wouldn’t have given the topic a second thought had the President of the United States not mentioned that this was a consideration regarding the upcoming July 2026 USMCA review.

On June 15, 2026, the U.S. Supreme Court denied a petition for a writ of certiorari in the case of HMTX Industries LLC v. United States. The petition came in response to the Federal Circuit’s decision to uphold use of tariffs against China under Lists 3 and 4A of Section 301 during the first Trump Administration.

We are operating in one of the most volatile trade environments in recent memory. Tariff policy is shifting faster than most compliance programs can absorb. In that context, CBP’s March 15 guidance on Section 232 content value is not just a technical update. It brings meaningful clarity and importers who move quickly may find real money on the table.

The resurgence of Section 301 tariff investigations marks a pivotal shift in U.S. trade policy. Following the Supreme Court’s invalidation of tariffs imposed under the International Emergency Economic Powers Act (IEEPA), the Office of the U.S. Trade Representative (USTR) has turned to Section 301 of the Trade Act of 1974 as a more durable legal pathway to reimpose and potentially expand tariff measures.

On March 20, 2026, the Trump Administration announced that it, “is committed to winning the AI race to usher in a new era of human flourishing, economic competitiveness, and national security for the American people.“ The White House issued a new comprehensive national legislative framework that addresses six key objectives.

In the final analysis, this case stands as one of the most important separation of powers decisions in the economic domain in U.S. history. It clarifies that tariffs are a form of taxation reserved to Congress, embeds the major questions doctrine in trade law, and reasserts the structural boundary between legislative and executive authority.

One of my recently published articles covered the World Economic Forum Davos speech by Canadian Prime Minister Mark Carney, where he summoned the middle powers of the earth to unite against the US forces who are demanding that they take a knee and capitulate, per Governor Newsom who was in attendance handing out knee pads. (Really) Well, to say the least, that’s not happening by even the longest stretch of anyone’s imagination.

The global supply chain is the backbone of the U.S. economy, moving millions of tons of cargo daily. To keep things running smoothly and safely, U.S. Customs and Border Protection (CBP) place a significant reliance on the Customs Trade Partnership Against Terrorism (CTPAT). This voluntary program trades “gold star” benefits—like fewer inspections, business resumption priority, and faster border crossings—for a company’s commitment to high-level security.

On March 9th, 2026, maritime tracking data showed just one outbound vessel, bearing an Iranian flag, transiting the Strait of Hormuz, with no inbound movements recorded at all. This lone vessel signifies a global conflict in a very important region around global trade.

Many trade practitioners that have had experience with a CBP prior disclosure or penalty action have encountered a request by CBP to execute a Statute of Limitations (SOL) waiver. These are usually accompanied by a request for the importer to provide a corporate resolution or the equivalent evidencing the authority of the SOL waiver signatory to sign the waiver on behalf of the importer / company.

Mexico’s Tax Administration Service (SAT) launched the 2026 Fiscal Regularization Program on January 22, offering businesses a strategic opportunity to resolve outstanding tax obligations with unprecedented penalty relief.

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.