Notable Penalty Cases

Exporters involved in transactions that require exporting goods controlled by U.S. regulations like the Arms Export Control Act (AECA), and the International Traffic in Arms Regulations (ITAR) are aware, if not all too familiar with the penalties and repercussions of noncompliance.  However, over the last two months notable civil and criminal penalties were handed down …

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New Requirements for Transactions with Unverified Parties

Companies out there that enjoy exporting their goods and all the benefits that come with it may want to take a look at the Bureau of Industry and Security’s recent proposed changes to the Export Administration Regulations (EAR) (You can find them in 78 Fed. Reg. 55664 (Sep. 11, 2013)). If you’re meticulous and diligent …

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Importation of Copyrighted Goods Produced Abroad After Kirtsaeng

In a recent case involving the importation of “gray market” or “parallel imports” into the U.S., the Supreme Court decided in Kirtsaeng v. John Wiley & Sons, Inc., 568 U. S. 11-697 (2013), that copyrighted goods produced abroad and imported into the country, without the permission of the copyright owner, are subject to the “first …

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Brokering Under the ITAR – Get Ready for New Rules

“Brokering” under the International Traffic in Arms Regulations (ITAR) is not the same thing as what customs brokers, stock brokers, real estate brokers or other types of brokers do. Under Part 129 of the ITAR “brokering” has a very specific meaning – and one that is changing. The Directorate of Defense Trade Controls (DDTC), U.S. …

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ACE Customs Entry Filing: Mandatory Usage

It is time for importers to start becoming familiar with using the new automated entry filing system developed by U.S. Customs and Border Protection (Customs). Beginning on October 1, 2016, all entries for imports must be filed using the new system, called the Automated Commercial Environment (ACE) system. Customs and trade compliance organizations such as …

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The Trusted Trader Program is on the Horizon

For over a year now, Customs has periodically mentioned the development of another pilot program which seeks to increase the agency’s flexibility and company specific understanding of trade compliance and supply chain security. The new program, which is currently named the Trusted Trader Program, would consolidate the Customs-Trade Partnership Against Terrorism Program (C-TPAT) with the …

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FCPA Compliance in China

As you sip your frothy Cappuccino while basking in the glow of your most recent quarterly report which shows a dramatic increase in sales in your China division….your assistant bursts into your office with a letter from….the Department of Justice!!!…hmmm….I wonder what they want??? While Foreign Direct Investment (FDI) in China has lost some momentum, …

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