On June 29, 2015, President Obama signed into law the Trade Preferences Extension Act (H.R. 1295), which renews the Generalized System of Preferences (GSP) program. The GSP program provides non-reciprocal, duty-free treatment to certain products imported from developing countries for the use by U.S. companies in manufacturing goods for domestic consumption. The GSP has been [...]
On July 14, 2015, after twenty months of negotiations, Iran and six world powers (P5+1) have concluded an agreement that will lift sanctions on Iran but impose strict limits on its nuclear program. The Joint Comprehensive Plan of Action (JCPOA), between Iran, US, UK, France, Germany, Russia and China conditions the sanctions relief on Iran’s [...]
The Directorate of Defense Trade Controls (“DDTC”) and the Bureau of Industry and Security (“BIS”) have proposed changes to U.S. Munitions List (“USML”) Category XII and the Commerce Control List (“CCL”). In sum, the proposed rule seeks to create a “bright line” between the USML and the CCL for the control of the articles found [...]
The Supreme Court of United States denied certiorari in the Trek Leather case, stylized as Shadadpuri v. United States in its petition. This denial places the final holding of Trek Leather with the most recent decision by the Court of Appeals for the Federal Circuit (“CAFC”). Previously, in September 2014, the CAFC held that a “person” who may be liable for [...]
U.S. Customs seizes money (currency, cash, checks, etc.) every day from unsuspecting international travelers who fail to declare carried money over $10,000 or who fail to declare the correct amount. If your money has been seized (i.e., you are now a currency seizure “claimant”), and you obtained your money from legitimate sources and intended to [...]
On Wednesday February 18, 2015, Scott Johnston spoke to the Houston Customhouse Brokers and Freight Forwarders Association (HCBFFA) at its Export Controls & Compliance Luncheon. The presentation focused on Freight Forwarder best practices and current topics in export controls. If you would like more information or a copy of the presentation, please send us a [...]
The Court of Appeals for the Federal Circuit (“CAFC”) has upheld the Department of Commerce’s (“Commerce”) imposition of antidumping and countervailing duties for certain tires from China, as well as the Court of International Trade’s (“CIT”) decision on the same matter. The decision also recited the lengthy procedural history involved in the GPX case. Previously [...]
The Department of Justice (“DOJ”) has announced that Schlumberger Oilfield Holdings (“SOHL”), a wholly-owned subsidiary of Schlumberger Ltd., agreed to enter a guilty plea and pay a $232,708,356 penalty for willfully facilitating illegal transactions and engaging in trade with Iran and Sudan. The total penalty includes a $77,569,452 criminal forfeiture and an additional $155,138,904 criminal [...]
The Bureau of Industry and Security (BIS) has amended the Export Administration Regulations (EAR) to remove license requirements for certain items exported to India. The BIS rule removes India from Crime Controls columns 1 and 3, and Regional Stability column 2 on the Commerce Country Chart. The rule does not eliminate licensing requirements for export [...]
Customs and Border Protection (CBP) has announced that in conjunction with the Environmental Protection Agency (EPA) it seized or required exportation of more than 730 items for importation without the necessary emission controls under the Clean Air Act. The seized items included ATVs, motorcycles and generators. CBP announced civil penalties for the importations in addition [...]