DIAZ Trade Law

Customs & International Trade Law Expert

EXPORTING

Diaz Trade Law regularly counsels all sizes of U.S. companies from individuals, small and medium size enterprises, to Fortune 500 companies. Our expertise is in assisting companies in complying with the vast U.S. federal laws and regulations for both import and export transactions as well as supply chain security. We are your “outside, inside counsel”.
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Meeting Your Legal Obligation When Exporting From the United States

Diaz Trade represents a wide range of export clients in matters relating to compliance with U.S. laws and regulations. For example, we routinely advise clients on international trade in dual-use commodities, defense articles, software, and technology. Our expertise is in providing export compliance, licensing, and enforcement mitigation counsel related to the:

  • International Traffic in Arms Regulations (ITAR)
  • U.S. Export Administration Regulations (EAR)
  • U.S. Foreign Trade Regulations (FTR)
  • Various embargo and sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control (OFAC) including the Cuban Embargo
  • Foreign Corrupt Practices Act (FCPA) compliance and representation, and
  • U.S. Customs and Border Protection (CBP) laws and regulations relating to exports.

 

 

Export compliance plans

A robust export compliance program is necessary to ensure your company complies with the vast complex U.S. federal laws and regulations. Diaz Trade Law helps exporters create export compliance manuals that help prove you have a process in place to classify your merchandise correctly, vet your customers and ensure you can prove you can take compliance seriously and implement all of the important great weight mitigating factors.

U.S. Commerce and U.S. State Department representation includes:

  • Commodity classification under the EAR and ITAR.
  • Commodity Jurisdiction requests to determine which agency regulates your product and whether or not a license is necessary to export.
  • Assistance in identifying “deemed exports”.
  • License determinations and applications to the relevant agency.
  • Identifying the correct Export Commodity Classification Number (ECCN).
    • Export Administration Regulations (EAR) compliance.
  • International Traffic in Arms Regulations (ITAR) compliance.
  • Assistance with navigating and mitigating BIS investigations, subpoenas, penalties, denied persons and specially designated nationals.
    • Assistance with navigating and mitigating Directorate of Defense Trade Controls (DDTC) investigations and penalties.
  • Voluntary self-disclosures with a key focus on corrective actions to avoid recurring concerns.

Export Seizures and Penalties

Shippers Export Declaration (SED) & Filing Electronic Export Information (EEI) in the Automated Export System (AES)

The Shippers Export Declaration (SED) paper filing no longer exists, it has been replaced with an Electronic Export Information (EEI), which serves the dual purpose of providing export statistics and export control. EEI filings are made through the Automated Export System (AES). EEI’s must be filed in the AES when a shipment of merchandise under the same HTSUS is valued at more than US$2,500. If a valid, timely EEI transmission is not filed, CBP can seize the shipment and issue penalties.

Seizure and Penalties for Non Compliance

U.S. Customs may seize goods if they are contrary to law. If your merchandise is seized, you have options. In your seizure notice, you are provided a Fines, Penalties, and Forfeitures (FP&F) case number and assigned a paralegal. The paralegal will send you a “Seizure Notice” and you have 30 days to respond to (yes, extensions are typically given freely, as long as they are requested BEFORE the 30 days expiration). A response is called a “Petition”. A Petition should be prepared by an expert in Customs cases. A Petition typically contains your legal arguments and the valid reasons why U.S. Customs should release your merchandise back to you.

How Can Diaz Trade Law Help?

Diaz Trade Law specializes in assisting companies with U.S. Customs seizure cases and understands the policies, procedures, and practices of CBP and clearly advises you of your options. Diaz Trade Law will not only help you you’re your current seizure, but, will also advise you on Pre-Compliance to make sure your merchandise complies with all relevant laws and regulations applicable prior to exporting.

Want More Information on this Topic?

See Blog Posts on export controls here:

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CONTACT DIAZ TRADE LAW

Call 305-456-3830

Note: If you have documents you would like us to review, please email docs@DiazTradeLaw.com