Author: Adrienne Braumiller

U.S. Implementation of WTO ITA Expansion Begins

By: Adrienne Braumiller, Founding Partner In July, the Office of the United States Trade Representative (USTR) announced it has begun the process of implementing the expansion of the World Trade Organization (WTO) Information Technology Agreement (ITA). The process will be completed over the next 3 years. Once fully implemented, American technology exports will be freed

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U.S. and Chinese Companies Need to Maintain Awareness of U.S. Export Control Laws Applicable to China

By: Adrienne Braumiller, Founding Partner  Companies need to maintain a vigilant awareness of export control laws applicable to China.  The U.S. Department of Commerce has indicated that investigating China-related exports of goods and technology for unauthorized use is a top priority, second only to Iran-related investigations.  When considering business involving Chinese companies, a number of

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Anti-dumping Case Goes Regional

By: Adrienne Braumiller, Founding Partner and Guest Author, Vincent Routhier, Partner, DS Advocats Canada On June 8, 2016, the Canada Border Services Agency (CBSA) initiated an anti-dumping case against gypsum board originating in, or exported from, the United States of America into Canada for use in British Columbia, Alberta, Saskatchewan, Manitoba, the Yukon Territories or

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Those Tricky Anti-Discrimination Laws – The Proper Approach to Foreign Nationals

By: Adrienne Braumiller, Partner When hiring new employees, navigating anti-discrimination laws and export control laws can be tricky. The Department of Justice (DOJ) in March of this year provided additional guidance on how to “comply with the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b and verify “employees’ citizenship status

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Customs-based FCA violations on the Rise

By: Adrienne Braumiller, Founding Partner The 2015 Fiscal year ended on Sept. 30, 2015, and for the fourth consecutive year, the Department of Justice (DOJ) has exceeded $3.5 billion in cases under the False claims Act (FCA). Since 2009, to the end of the most recent fiscal year, settlements under the FCA have brought total

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U.S. Antiboycott Compliance – Have You Covered all the Bases?

By: Attorney Tish Jones, Guest Author and Adrienne Braumiller, Partner Most companies recognize the need for anti-boycott review and compliance, however, the laws are complex, at times seemingly contradictory, and can apply to activities both within and outside of the United States, as well as non-U.S. entities. This article provides a brief overview of the

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Schlumberger Subsidiary Pays $232.7 Million for “Facilitation”

By: Adrienne Braumiller, Partner and Devin Sefton, Associate Attorney Just last month, Schlumberger Ltd. (Schlumberger), subsidiary Schlumberger Oil Field Holdings Ltd. (SOHL), agreed to pay over $232.7 million in penalties to the United States for violations of the International Emergency Economic Powers Act (IEEPA).  Of this amount, $155,138,904, represented a criminal fine. For a number

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Trade Cases – 2014, a Year in Review

The U.S. Court of International Trade (CIT) had a busy year in 2014. It decided 163 cases, the most since 2007. Based on these cases, importers glean current regulatory trends and several important lessons.

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Importer Security Filing (“10+2”): Enforcement Procedure Updates

The Importer Security Filing (ISF) rule, also known as ISF 10+2, relates to import cargo coming into the U.S. via ocean vessel. The rule states that an ISF Importer, or their agent, must electronically submit certain advance cargo information to Customs and Border Patrol (CBP) before the goods arrive into the U.S. It is important to note that bulk cargo is not subject to this rule.

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“Introducing” Personal Liability to the Import World

By Adrienne Braumiller, Partner The Case of Trek Leather, Inc. (decided September 16, 2014) If you’ve ever heard the phrase, “it’s just business, nothing personal,” it’s time you learned that when it comes to U.S. Customs and Border Protection (Customs), things can get real personal.  In other words, Customs can exact what they owe from

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The Trusted Trader Program

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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How to Limit Personal Liability

  When Personal Liability is Not Proper Importers may be able to rest a little easier as a result of a recent Court of Appeals decision negating the long held assumption in customs law that corporate officers can be held personally liable for their company’s violation of 19 USC 1592, which requires importers to exercise

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Centers of Excellence and Expertise: A Boon for Importers

U.S. Customs and Border Protection: A Boon for Importers It doesn’t take much to recognize the benefits that U.S. Customs and Border Protection’s new Centers for Expertise and Excellence offer to importers frustrated with fragmented ports of entries. I say fragmented because, by nature, ports of entries fragment knowledge, experience, and CBP’s relationship with importers. An importer

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C-TPAT System of Records Notice: What does it Mean for Your Privacy?

Participants in the Customs Trade Partnership Program Against Terrorism (C-TPAT) program may be interested to know that U.S. Customs and Border Protection  has published a concurrent “System of Records Notice” (SORN) and “Notice or Proposed Rule Making” (NPRM). The recent move by CBP now brings the information that CBP has gathered on C-TPAT members and

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USTR Seeks Comment on Withdrawal of GSP for Bangladesh

Last month, a fire in a Tazreen Fashion factory in Bangladesh left 112 workers dead and a host of U.S. lawmakers questioning whether Bangladesh should continue to enjoy preferential treatment under the Generalized System of Preferences (GSP). The United States Trade Representative (USTR) is now seeking commentary on the effects of removing Bangladesh from the

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