As of January 27th, 2016, both OFAC and the BIS have amended their regulations again, and below details the top 10 changes as a result. The last update was on September 21, 2015, and can be found here. While the United States maintains its broad embargo on trade with Cuba, OFAC and BIS have released amendments… Continue Reading
Join NEI for an insightful conversation about rapidly evolving business opportunities in Cuba, brought to you by yours truly. The Webinar will highlight particular areas of interest, including: a current overview of the current rules and regulations governing transactions with Cuba, learning what travel to Cuba is authorized, what the latest regulations by BIS and OFAC cover, and… Continue Reading
In December, 2014, we updated you on the president’s historic announcement in regards to doing business in Cuba, and in January we updated you on both the Office of Foreign Assets Control (“OFAC”) amendments to the Cuban Assets Controls Regulations (“CACR”) and the amendments to the Export Administration Regulations (“EAR”) administered by the United States Department of Commerce…. Continue Reading
We are excited to announce our upcoming 3 part seminar series on Importing, Exporting, and FDA Compliance! Government and private speakers will participate. Each seminar will provide resources for new and experienced international trade professionals including:
Today, a final rule, opening U.S. trade with Cuba, was published in the Federal Register by the U.S. Treasury Department, Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s, Bureau of Industry and Security (BIS). Through this Federal Register notice, OFAC has amended its Cuban Assets Control Regulations and the BIS has… Continue Reading
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
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?
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?
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.
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.
Export Manager Fined $15k for False Statements to BIS, lesson learned: Don’t lie to the government.