Harold Jackson, Author at Braumiller Law Group

Voluntary Self-Disclosures of Export Violations:Understanding the Consequences

August 4, 2023

By: Harold Jackson, Associate Attorney, Braumiller Law Group

The realm of international trade and commerce operates under a complicated system of export control regimes that are designed to protect national security, curb the proliferation of sensitive technologies, and ensure strict adherence to economic and trade sanctions. In the United States, violating these export controls can result in severe penalties and legal repercussions for companies involved in export activities. This article delves into the significance of voluntary self-disclosures when a company becomes aware of export control law violations.

Compliance Issues in Government “Buy America” Solicitations

August 4, 2023

By: James R. Holbein, Of Counsel and Harold Jackson, Associate Attorney, Braumiller Law Group

This article discusses compliance “Buy America” provisions in federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts. It also outlines the application of the Trade Agreements Act to many large solicitations and how that can impact compliance of goods, services and construction.

Key Legal Developments in 2023 Concerning United States Customs and International Trade

June 5, 2023

By Adrienne Braumiller, Partner & Founder, Harold Jackson, Associate Attorney, and Gavin Anderson, Braumiller Consulting Trade Advisor

Section 301 Tariffs on Chinese goods continues to be at the forefront of international trade relations with China and the United States. As part of the four-year review required under the relevant statute (19 USC § 2417), the United States Trade Representative (USTR) began a two-phase notice-and-comment period in May 2022.

Using CBP’s Enforcement Statistics to Assess Forced Labor Risk in the Supply Chain

June 5, 2023

By Jennifer Horvath, Partner and Harold Jackson, Associate Attorney at Braumiller Law Group

The U.S. continues to spearhead enforcement against imported goods that were made using forced labor, and public enforcement statistics can help your company assess risks of forced labor.

Buy American – Treatment of Preferences in the Federal Acquisition Regulations

June 5, 2023

By: James R. Holbein, Of Counsel and Harold Jackson, Associate Attorney, Braumiller Law Group

This article provides an overview of federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts. The FAR, found under 48 C.F.R. Part 25, comprises the list of rules governing procurement of products and materials by federal agencies for public use.

OFAC Enforcement Trends – Lack of Due Diligence in Mergers and Acquisitions

April 5, 2023

By Harold Jackson, Associate Attorney, Braumiller Law Group

With roughly 12,000 names now associated with the Specially Designated Nationals and Blocked Persons List (“SDN”),[1] layered sanctions on activities with Russia, and growing sanctions on China activities, U.S. sanctions have reached the forefront of U.S. government enforcement policy. On March 2, 2023,[2] the U.S. Department of the Treasury, Department of Commerce, and Department of Justice released a Joint Compliance Note, which is evidence that the three departments are coordinating to enforce U.S. sanctions and export controls, particularly those on Russia/Belarus activities.

Red Flags for Software and Sanctions – OFAC Enforcement Wells Fargo Case Study

April 5, 2023

By Harold Jackson, Associate Attorney, Braumiller Law Group

On March 30, 2023, Wells Fargo agreed to remit $30,000,000 to settle its penalty liability across multiple sanctions programs with U.S. Department of the Treasury’s Office of Foreign Asset Controls. Across several years, Wells Fargo and its predecessor in Europe, Wachovia Bank, provided software that was used to process transactions with U.S.-sanctioned jurisdictions and persons.

Should You File a Prior Disclosure in 2023?

February 5, 2023

By Adrienne Braumiller and Harold Jackson

2023 is more than a brand-new year – it is an opportunity for your company to prioritize supply chain and customs compliance. For some companies, this means filing a prior disclosure with U.S. Customs and Border Protection (CBP). Companies that are frequent importers are seriously considering disclosing entry violations under the condition that Customs will not issue civil penalties against them.

That’s Not ‘Buy America’ Various Origin Requirements in the United States for Importers

February 1, 2023

By Harold Jackson, Associate Attorney, Braumiller Law Group

You’ve probably heard about the many recent changes to the “Buy America” and procurement rules, starting with Executive Orders in the late 2010’s under then President Trump, several sessions of Congress, and modifications by President Biden. These changes have prompted questions from importers. What is Buy America? What sort of waivers will, or will not, apply to my imported merchandise?

Complying with BIS’s Advanced Computing and Semiconductor Manufacturing Rules – Knowledge, Due Diligence, and Technology Thresholds

December 8, 2022

By Harold Jackson, Associate Attorney, Braumiller Law Group

U.S. industries supplying Chinese facilities with products, equipment, software, and technology used in semiconductor development and production are subject to regulatory controls under the Export Administration Regulations (“EAR”).

Snapshot of Section 301 Litigation – Litigating the Adequacy of the USTR’s Rationale for List 3 and List 4a

October 2, 2022

By: Harold Jackson, Braumiller Law Group Associate
The legality of the Section 301 Actions for List 3 ($200 Billion Trade Action) and 4a ($300 Billion Trade Action) continues to be contentiously disputed before the Court of International Trade. The mass action, In re Section 301 Cases, No. 21-00052, encompasses claims of over 6,500 Plaintiffs that argue the Section 301 Duties, enacted under the Trade Act of 1974, are illegal.

Primer on Forced Labor Enforcement for U.S. Importers

August 10, 2022

By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group and Harold Jackson, Associate

This Primer provides introductory guidance to complying with U.S. forced labor laws for importers, and includes an introductory overview to forced labor laws, U.S. Customs and Border Protection’s (CBP) authority to enforce forced labor laws, outlines importer requirements under The Uyghur Forced Labor Prevention Act, describes the detention processes for imported goods made with forced labor, lists key recommended compliance actions for adhering to U.S. forced labor laws, and provides helpful resources for complying with U.S. forced labor laws.

Primer on Deemed Export Compliance

June 12, 2022

By: Harold Jackson, Associate Attorney, Braumiller Law Group

A “deemed” export occurs when certain types of information are released to a foreign person. This primer seeks to describe the introductory concepts of deemed export enforcement in the United States.

Critical Updates from the U.S. Trade Representative – The U.S.-China Trade Relationship

April 10, 2022

By: Adrienne Braumiller (Partner and Founder) and Harold Jackson (Associate)

Since taking office as the U.S. Trade Representative (“USTR”), Katherine Tai has prioritized trade policies focused on protecting American workers’ rights and promoting sustainable environmental practices through trade agreements.

Tracing Country of Origin – CBP Enforcement Trends Involving Verifying Country of Origin of Imports

April 10, 2022

By: Harold Jackson, Associate Attorney, Braumiller Law Group

Country of origin of imported merchandise is a cornerstone enforcement area for Customs & Border Protection (“CBP” or “Customs”) and is the accurate tracing of the country of origin of goods and materials across multiple countries and is a crucial aspect of maintaining a compliant global supply chain.

Shiny New Machines – Modifications to Chapter 84 of the Harmonized Tariff Schedule

February 6, 2022

By: Harold Jackson, Associate Attorney, Braumiller Law Group

There are new tariff classifications for machinery under Chapter 84 of the Harmonized Tariff Schedule of the United States (“HTSUS”). The changes to Chapter 84, as well as many other areas of the HTSUS, took effect on January 27, 2022, pursuant to Presidential Proclamation 10326 (December 23, 2021). Many of the changes to Chapter 84 were made to keep up with technological innovations and commercial use.

New Importer, Old Baggage Successor Liability for Antidumping & Countervailing Duties

February 5, 2022

By: Harold Jackson, Associate Attorney, Braumiller Law Group

Imagine your company imports from a vendor in Vietnam and sells them at a competitive margin in the U.S. Business is so-so until the Department of Commerce conducts an Antidumping or Countervailing Duty (“AD/CVD”) review that encompasses your company or its foreign vendor and determines the origin of your goods to be China, which causes you to owe backlogged AD/CVD at rates over 100% ad valorem for the past year.

Critical Updates from the U.S. Trade Representative – The U.S.-China Trade Relationship

January 10, 2022

Author: Harold Jackson

Harold Jackson

Voluntary Self-Disclosures of Export Violations:Understanding the Consequences

Compliance Issues in Government “Buy America” Solicitations

Key Legal Developments in 2023 Concerning United States Customs and International Trade

Using CBP’s Enforcement Statistics to Assess Forced Labor Risk in the Supply Chain

Buy American – Treatment of Preferences in the Federal Acquisition Regulations

OFAC Enforcement Trends – Lack of Due Diligence in Mergers and Acquisitions

Red Flags for Software and Sanctions – OFAC Enforcement Wells Fargo Case Study

Should You File a Prior Disclosure in 2023?

That’s Not ‘Buy America’ Various Origin Requirements in the United States for Importers

Complying with BIS’s Advanced Computing and Semiconductor Manufacturing Rules – Knowledge, Due Diligence, and Technology Thresholds

Snapshot of Section 301 Litigation – Litigating the Adequacy of the USTR’s Rationale for List 3 and List 4a

Primer on Deemed Export Compliance

Critical Updates from the U.S. Trade Representative – The U.S.-China Trade Relationship

Tracing Country of Origin – CBP Enforcement Trends Involving Verifying Country of Origin of Imports

Shiny New Machines – Modifications to Chapter 84 of the Harmonized Tariff Schedule

New Importer, Old Baggage Successor Liability for Antidumping & Countervailing Duties

Critical Updates from the U.S. Trade Representative – The U.S.-China Trade Relationship

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