Compliance Training

Employee Education in Compliance Training

By: Linnea Deeds, Braumiller Consulting Group

Employee education supports organizational growth and development. Its benefits are generally well known, but how do you ensure that training, in any form, generates the outcomes and advances you desire? Measuring and benchmarking success can be especially difficult when creating customized training programs, which are often needed for international trade compliance topics.

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U.S. CBP

DHS Audit of CBP’s Centers of Excellence and Expertise Yields Evidence of Mismanagement

By Adrienne Braumiller, Partner & Founder

Uniformity, or rather the lack thereof, in procedures and practices within U.S. Customs and Border Protection’s (CBP) Centers of Excellence and Expertise (Centers) is evidently harming compliant companies within the trade community. The audit report from the Department of Homeland Security’s (DHS) Office of Inspector General (OIG) in March 2022 poignantly revealed significant weaknesses in CBP’s operational processes and internal controls and has left the trade community justifiably concerned, particularly companies committed to paying their duties in full.

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United States-Taiwan

Taiwan – U.S. 21st Century Trade Initiative, More Than Just a Trade Agreement. A Statement to Beijing Perhaps

By Bob Brewer, Braumiller Law Group

A little over a year ago on June 1, 2022, the United States and Taiwan launched the United States-Taiwan Initiative on 21st-Century Trade to deepen their economic ties and trade relationship, and advance mutual trade priorities based on shared values, promoting innovation, and economic growth for workers and businesses. About 2 months ago the agreement was made official.

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CIT Reliquidation

CAFC Refuses to Reverse CIT Decision on Reliquidation Order, Target, Home Products Litigation

By Jennifer Horvath, Partner at Braumiller Law Group

This article examines Target Corporation v. United States, Slip Op. 23-106 (Ct Int’l Trade July 20, 2023), a recent ruling by the Court of International Trade (CIT) and its implications on liquidation matters. The court granted the government’s request to dismiss Target’s case, which aimed to invalidate a CIT order instructing Customs and Border Protection (CBP) to reliquidate Target’s metal-top iron tables at a higher dumping rate.

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Bottling Tequila

Requirements for Bottling/Packing Tequila in the United States

Brenda Cordova, Mexico Attorney, Braumiller Law Group

The United States Mexico Agreement (USMCA – the free trade agreement signed between Mexico, the United States and Canada) promotes and protects the trading of tequila between these 3 countries as it acknowledges it is a distinctive product of Mexico. Accordingly, Canada and the United States shall not permit the sale of any product as Tequila unless it has been manufactured in Mexico in accordance with the laws and regulations of Mexico governing the manufacture of Tequila.

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Customs Regulations

Customs Brokers: Giving Credit to Accreditors

By Bruce Leeds, Senior Counsel, Braumiller Law Group

U.S. Customs & Border Protection (CBP) published the Final Rule on continuing education for individual customs broker license holders in the Federal Register on June 23, 2023. This Final Rule made several changes to Part 111 of the Customs Regulations and imposed a continuing education requirement on individual license holders.
A good part of the background discussion in the Final Rule involved where to get the required educational hours and who is to provide them.

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voluntary self-disclosures

Voluntary Self-Disclosures of Export Violations:Understanding the Consequences

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.

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Trade Compliance

Is Trade Compliance Even Manageable?

By Gavin Andersen, Braumiller Law Group

Whether you are creating a new in-house trade compliance function or evaluating an established one, there is no getting around the perpetual question: Where should Trade Compliance report? The answer depends on the business. Operational realities, departmental needs, available staff, budgets, and other limitations unique to your company can practically make the choice for you.

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Buy America Provisions

Compliance Issues in Government “Buy America” Solicitations

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.

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Forced Labor Mexico

Recent Update on Forced Labor in Mexico

Brenda Cordova, Mexico Attorney, Braumiller Law Group

Mexico has recently published several legal instruments aimed to prevent and investigate forced and compulsory labor, including child forced or compulsory labor (forced labor). This impacts labor standards implemented by employers not just within the Mexican territory, but also from abroad, because starting May 18, 2023, goods produced in any country under forced labor conditions are restricted for importation into Mexico.

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USTR Use of Section 301 to Impose Tariffs on China

Another China Competition Bill: The Future of Section 301 Exclusions #2

By Adrienne Braumiller, Partner & Founder

The Trade Act of 1974 grants the President broad powers to manage trade relationships with foreign countries. Section 301 of the act allows the President, acting through the United States Trade Representative (“USTR”), to impose retaliatory tariffs on imports from a country if the USTR determines that country’s economic conduct “is unreasonable or discriminatory and burdens or restricts United States commerce.”

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Customs and International Trade

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

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.

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US and Canada Investment in Mexico

Legal Framework Governing Foreign Direct Investment from the United States and Canada in Mexico

By Brenda Cordova, Braumiller Law Group Mexico Legal Counsel

A large number of companies considering relocating their business abroad have turned their eyes to Mexico, which has become an attractive place for investors to relocate their business, mainly because it is close to the United States and Canada (nearshoring), the labor costs are relatively low, the availability of IMMEX (maquiladora) program, and because there is a preferential treatment to originating goods and foreign investments from the United States and Canada that are protected under the USMCA, among other factors.

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