By: Christos Linardakis, Of Counsel In Part I of our NIST 800-171 series, we discussed various aspects of complying with DFARS 252.2014-7012 (NIST 800-171 compliance), including certifying under systems like EXOSTAR, identifying gaps within your systems (IT, procedural and physical), capturing CUI/CDI data (if you were paying attention in class, you should know what these …
By: Adrienne Braumiller, Founder & Partner, Braumiller Law Group On Friday, January 31, 2020, President Trump issued an executive order reiterating the policy of the United States regarding persons who facilitate imports of merchandise in direct violation of Federal laws and calling for the Secretary of Homeland Security to issue a notice of proposed rule-making …
One of the many improvements from NAFTA in the newly-ratified United States Mexico Canada Agreement (“USMCA”), is the added ability of your business to directly engage in an ongoing dialogue with a permanently established USMCA committee, whose express purpose is to work with businesses in order to clarify terms of control of the USMCA as …
By: Ron Spencer, Trade Consultant and former COO of several major brands Consumers are driving the marketplace, and they have high expectations. “When can I get it?” Consumers have an insatiable appetite for speed. Just a few years ago, Dell made the news that you could get a customized laptop in just a few weeks. …
Read moreSupply Chain – Speed Kills: What is driving this, and where is the speed coming from?
By: Christos Linardakis, Contributing Author I’m sure by now, you’ve read, or at least heard of, the Airbus SE multi-billion dollar settlement with U.S., French and UK authorities, for FCPA and Export violations—the largest penalty that I can recall in my 30+ years in international trade! Although, I’ve had extensive experience in anti-bribery and anti-corruption …
Read moreAirbus SE Export Settlement Agreement: What can be learned from their mistakes?
By: Brandon French, Associate Attorney, Braumiller Law Group President Trump signed the Phase 1 Agreement with China on January 15, 2020. As part of the agreement, China has pledged to purchase $200 billion worth of goods and services over the next two years – this would be a 50% increase from the current levels. The …
By: Bob Brewer, Braumiller Law Group The African Continental Free Trade Area (AfCFTA) is a free trade area, outlined in the African Continental Free Trade Agreement among 54 of the 55 African Union nations. The free-trade area is the largest in the world in terms of participating countries since the formation of the World Trade …
Read moreAmbitious Free Trade in 2020 and the African Continent
By: Bonnie M. Kersch, Senior Trade Advisor, Braumiller Consulting Group Determining the correct classification of goods is arguably paramount to any good trade compliance program. However, many companies misclassify their goods at an astonishing rate. While this may be good for business for trade compliance consultants like myself, it isn’t good when it comes time …
By: Paul Fudacz, Partner, Braumiller Law Group U.S. Department of Homeland Security (DHS) data shows that between the years 2000 and 2018, seizures of counterfeit goods at U.S. borders have increased 10-fold, from 3,244 seizures per year to 33,810. In response to this surge, in April of last year, the Trump Administration published its Memorandum …
Read moreDepartment of Homeland Security Announces Actions to Combat E-Commerce Counterfeiting
By: Jennifer Horvath, Partner, Braumiller Law Group While the United States Trade Representative is currently inundated with Section 301 exclusion requests, the Department of Justice’s (DOJ) National Security Division’s (NSD) recent update could be encouraging an influx of voluntary self-disclosures (VSDs) to the U.S. export agencies and the DOJ in the near future. NSD has …
By: Bruce Leeds, Senior Counsel, Braumiller Law Group On Jan. 1, 2020 the Japan-United States Free Trade Agreement went into effect. The agreement provides duty-free, or reduced duty treatment, for certain Japanese imports into the U.S. and certain U.S. exports to Japan. The implementation details were printed in the Federal Register on Dec. 30, 2019 …
Read moreJapan-US Free Trade Agreement – Not All it Appears to Be
By: Adrienne Braumiller, Founder & Partner, Vicky Wu, Senior Associate Attorney and Megan Mohler, Associate Attorney On January 6, 2020, BIS published an interim final rule adding “software specially designed to automate the analysis of geospatial imagery” to the EAR and requiring a license to export and reexport such items to all countries, with the …
By: Vicky Wu, Senior Associate Attorney and Megan Mohler, Associate Attorney, BLG ‘Twas the night before merger and all through the office, not an associate was sleeping not even the bosses. The diligence was due, and the T’s were crossed but (oh no) the I’s were not dotted! One of the biggest concerns for companies in …
Read moreTrade Compliance Best Practices in Mergers and Acquisitions
By: Judy Davis, Senior Trade Advisor, Braumiller Consulting Group It’s a matter of “Much ado about something. . .” Make no mistake – denied party screening applies to you. Don’t gamble with your export privileges by thinking “one size fits all” when it comes to screening. Instead, consider the principle of “screening smart”. Take into …
By: Bob Brewer, Braumiller Law Group As we bring another year in trade to a close obviously the main question one could ask is, will China and the U.S. be able to follow through in 2020 now that Phase 1 has been agreed upon just in time for Christmas. In Phase 1 China has agreed …
Read moreWorld Trade and Moving on to 2020 & South Korea, A Land of Opportunity
By: Brad Menard, VP of Braumiller Consulting Group Known for its kaleidoscope of ever-changing rules and regulations, the international trade landscape certainly surpassed expectations in 2019. Section 232 and 301 duties sent their ripples throughout the global economy. In a speech in September 2019, Cynthia Whittenburg, CBP Deputy Executive Assistant Commissioner, shared that even if …
Read moreTrends in Compliance, and the International Trade Landscape – A Year in Review
By: Adrienne Braumiller, Founding Partner, BLG The long-awaited implementation of the new United States-Mexico-Canada Agreement (USMCA) may be happening just in time for Christmas this year! On 12/10 Speaker Pelosi announced that Democrats had reached an agreement with the Trump administration on moving forward with the USMCA trade agreement. The USMCA will modernize an outdated …
By: Bob Brewer, Braumiller Law Group For anyone in the aerospace, defense, and export control markets, you have undoubtedly been faced with the question on cyber-security compliance. This form of compliance most often surfaces if you’re dealing in the International Traffic in Arms Regulations (“ITAR”), where the certification of compliance is required through systems such …
Read moreNIST 800-171: Cybersecurity, CUI/CDI and NIST 800-171 What does it mean for your business?
By: Brandon French, Associate Attorney, BLG The majority of US businesses have felt increased pressure since the imposition of the Section 301 tariffs. Companies have been forced to find ways to mitigate the impact of the tariff through reclassification, tariff engineering, or re-sourcing outside of China. The following breakdown explains the history of each “List” …
By: Bruce Leeds, Senior Counsel, Braumiller Law Group Section 301 duties on French merchandise? How can that be? Doesn’t Section 301 only apply to China? The answers are yes and no. The US Trade Representative announced that the US was planning to impose up to 100% additional duties on a variety of French origin products …
Read moreSacre Bleu! Section 301 Duties on Nice French Stuff?
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