Aramex Emirates, LLC, located in Dubai, United Arab Emirates (U.A.E.), agreed to pay a $125,000 civil penalty to the U.S. Department of Commerce’s (DOC) Bureau of Industry and Security (BIS) for the unlicensed export and reexport to Syria, via the U.A.E., of network devices and software without the required BIS licenses. The Under Secretary of Commerce Eric… Continue Reading
Within just the first nine weeks of 2014, almost $182 million dollars in penalties have been assessed against companies for OFAC and ITAR export violations. Within those same nine weeks alone, companies have been ordered to pay the Department of Treasury almost $25 million dollars more than was ordered in all of 2013. Simply… Continue Reading
Trade Day is coming to Miami, courtesy of U.S. Customs and Border Protection, (CBP) on April 2, 2014. The ports of Champlain, Boston, Savannah, Buffalo and Detroit have held Trade Day (some already twice) and we are thrilled CBP’s Port of Miami is bringing Trade Day to us. This is the time to take advantage…. Continue Reading
PortMiami has been working feverishly to bring back transshipment to Miami. Step one was PortMiami’s outreach to U.S. Customs and Border Protection (CBP). PortMiami Director Bill Johnson wrote a letter to Acting CBP Commissioner, Thomas Winkowski, dated June 26, 2013, asking CBP to develop a pilot program, “with a transshipment inspection protocol pilot for PortMiami.”… Continue Reading
Last night Congress voted to end the first federal government shutdown in seventeen years and avert a default on U.S. debt. The deal provides government funding through Jan. 15, 2014, at almost the same rate as in FY-2013 after automatic spending cuts. The debt limit would be extended through Feb. 7, 2014, if requested by President Obama.
The impact of the federal government shutdown, which began October 1, 2013, will be deeply felt by importers and exporters alike. Most government services deemed “essential” by the federal agencies will continue, but “non-essential” services will be discontinued until funding is restored. What does this mean for export licenses and the online version of the HTS?
Now’s the time to apply to become a non vessel operating common carrier (NVOCC) and/or ocean freight forwarder (OFF). FMC has proposed major changes to its regulations. Get your application in now to avoid those changes, or, learn the changes and spend the time to comment on them while you can. Detailed summaries of those changes are below. July 31, 2013 is the cutoff to have your voice heard!
Forrester Research predicts that the global market for cloud computing services will have increased from $40.7 billion dollars in 2011 to approximately $241 billion dollars by 2020. Do you have an export compliance plan in place that includes cloud computing?
Want to travel to Cuba? Well, on April 18, 2013, the Office of Foreign Assets Control (“OFAC”) announced its effort to streamline license processing. Read on to see if your able to partake in OFAC’s new electronic filing system.
UPS is sponsoring a free International Symposium and breakfast in Tampa. Learn how you can expedite your company’s international expansion strategy…
Are you a Vice President, Director, Manager, or other Senior Executive from a pharmaceutical or biotech company? Do you know someone who is? If so, they must know about the Global Clinical Sourcing and Supply Summit. The Summit includes a FDA Address by Domenic Veneziano, Director of FDA’s Division of Import Operations and Policy, and Industry Perspectives by speakers from Merck, Novartis Pharmaceuticals Corporation, AstraZeneca, and much more. Read on for a discount code…
Do you ever wonder why more women aren’t choosing Supply Chain/Transportation as a career?
How will jobs in Supply Chain/Transportation evolve over the next few years?
What does the logistics function look like within a manufacturing/distribution business?
Why is a career in supply chain a good choice?
Find out answers to these questions and more by joining us on…
Last week, I attended a seminar hosted by U.S. Customs & Border Protection (CBP) at the Miami Free Zone regarding exportation of used vehicles such as cars and automobiles. Want the highlights stressed by CBP? Read on.
Exporting your Motor Vehicle out of the U.S. – A Quick Guide
So you are moving abroad and want to bring your car with you? To comply with the provisions of 19 CFR Part 192, you will need to report this export to the Federal Government by presenting both the vehicle itself as well as…
I am pleased to share with you a new periodical, “World Export Controls Review – the journal of export controls and compliance,” published by Brightlaw Media Ltd., London, England. The first issue published in March 2011 is free. The April 2011 publication contains my article entitled “Responding to an Administrative Subpoena Issued by the Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury.”
On April 14, 2011, in Washington, D.C., David Mills, the new Assistant Secretary for Export Enforcement, Bureau of Industry and Security (BIS), U.S. Department of Commerce, and his Special Advisor, Bob Rarog, explained the enforcement priorities of BIS, as established by Eric Hirshorn, who was just sworn in as Under Secretary of the U.S. Commerce Department’s Bureau of Industry and Security (BIS) on April 2, 2010, after being appointed by Presdent Obama. This event was part of the American Bar Association’s Section of International Law’s Export Controls and Economic Sanctions Committee.
Sometimes it is beneficial for an exporter to voluntarily self-disclose its export violations to the U.S. Government. Maybe an exportation of an item occurred without first obtaining the necessary license, or maybe the items was shipped to a company overseas other than allowed in a license. Both situations are violations of the Export Administration Regulations, and both violations could result in $250,000 penalites against the exporter. By voluntarily sefl-disclosing the violation, the exporter would reduce, and might even eliminate, such a penalty.
Pinnacle Aircraft Parts, Inc., based in Miami, Florida, just paid $225,000 to the U.S. Office of Foreign Assets Conrtrol (“OFAC”) regarding OFAC’s investigation of a jet engine that may been shipped to Iran. This case is unique in that OFAC did not assess the fine because the jet engine was shipped to Iran, but because Pinnacle Aircraft Parts failed to properly comply with it subpoena to provide all records about that shipment.
I have been an international trade attorney for over 20 years. In that time, I have represented a few thousand companies involved in the importation, exportation, and international transportation of merchandise. I have seen respectful, efficient U.S. Government employees and the most uncaring bureaucrats, importers who care about the law and others who only care how to get around it, and customs brokers who always try to do the right thing and others who you wonder how they ever passed the broker exam and the background check. I have listed the 10 Most Common Misconceptions in International Trade.
Please make plans to attend the Forbidden Places — Tourism and Trade seminar on September 24, 2010. This seminar will take place at the J.W. Marriott Hotel, Miami, Florida. This half-day seminar will address a variety of recent regulations administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury. Topics to be addressed include travel to and trade with restricted countries, immigration aspects of tourism to sanctioned countries, and representing a client who is the subject of an investigation or penalty by the OFAC.
Maerk Line, Ltd. paid the U.S. Office of Foreign Assets Control (OFAC) $3 million to settle allegations of violations of the U.S. trade embargo with Sudan and Iran that Maersk committed between 2003 and 2007. How the world’s largest ocean transportation company committed such violations is a good story. How Maersk’s lawyer was able to limit the payment to $3 million is also important to understand.
To the dismay of the local international trade community, three international freight forwarding companies and their owners were arrested for illegally exporting merchandise to a company in Paraguay. The company in Paraguay had been designated a “Specially Designated Global Terrorist” by the United States Government. Exporters and forwarding companies sending any cargo to such a company, even Sony Playstation video games, would be a violation of law.
Bank accounts are more frequently being frozen or seized by the Federal Government for money laundering. Often, the owners of the seized bank accounts were somehow connected to shipping cargo to, receiving cargo from, or doing business with Colombia. Legitimate business persons who are falsely accused should aggressively pursue getting their money back.
In the next few weeks, I am giving lectures and doing a webinar on the general topic of export compliance. In my legal practice over the past 20 years as a Customs and International Trade attorney, I am increasingly involved with clients on export compliance and penalty matters, especially with the BIS and OFAC. The laws and regulations have changed dramatically over the past few years, as has the name and number of Federal agencies enforcing them, plus the penalties for non-compliance are much higher now.