2011 - Page 6 of 7 - Customs & International Trade Law Firm

Notice of Detention of Merchandise by U.S. Customs and Border Protection

U.S. Customs and Border Protection (CBP) issued a February 22, 2011 60-Day Notice and Request for Comments regarding its use of a “Notice of Detention”. I know, a lot of you are saying to yourselves, “When did CBP starting using Notices of Detention,” and my response to you is “That’s a darn good question!”

The law, 19 U.S.C. 1499 and 19 CFR 151.16, allows CBP officers at the border to stop and search persons for merchandise. If the CBP officer discovers something suspicious, and takes it from you, then it has been “detained”. In exchange, the CBP officer is required to send to the importer or passenger a Notice of Detention form no later than 5 business days from the date of the examination, stating that: (1) the merchandise has been detained, (2) the reason for the detention, and (3) the anticipated length of the detention.

That all sounds reasonable, but the problem is that the legal requirement is often ignored by CBP. Often, a Notice of Detention is never issued by CBP to the importer, or is issued late or does not state the reason for the detained merchandise. I have seen a few hundred Notices of Detention over the past 21 years as a customs lawyer, but have never seen one that described “the anticipated length of detention.”

The Request for Comments asks the public for “ways to enhance the quality, utility, and clarity of the information to be collected.” I have a way to enhance the quality of the CBP Notice of Detention – follow the law and issue […]

By Jennifer Diaz|2015-12-01T01:56:08-05:00February 24, 2011|U.S Department of Homeland Security (DHS)|0 Comments

Does the U.S. Department of Homeland Security Make Us Safer?

I read a fascinating article entitled “HOMELAND SECURITY HASN’T MADE US SAFER,” written by Anne Applebaum, a columnist for the Washington Post and Slate. It was in the January/February issue of Foreign Policy magazine. The article criticized the massive spending of time and money by the U.S. Department of Homeland Security. Ms. Applebaum aimed her barbs right at the Transportation Security Administration (TSA) with the comment: “As for the TSA, I am not aware of a single bomber or bomb plot stopped by its time-wasting procedures.”

I started thinking about it, and even as a pretty well informed customs and international trade attorney, I could not recall a single incident either. I have seen the indignities of TSA personnel at the airport force handicapped and elderly people out of their wheelchairs. I have also been the victim of TSA officers groping around my private areas during one of their random, ‘enhanced pat down’ searches. For a rollicking good laugh, I encourage you to read the official TSA Blog. People say the strangest things about their air travel experiences to the TSA from the supposed privacy and safety of their computers.

The TSA submitted a budget request of $8.1 billion for fiscal year 2012. With the billions of dollars spent by both the Bush and Obama Administrations over the past 10 years in the ‘War on Terrorism’ and in support of ‘homeland security,’ the question of whether or not the TSA’s 43,000 trained and certified Transportation Security Officers make us safer through its passenger and baggage screening procedures is still debatable.

I would […]

By Jennifer Diaz|2015-12-01T01:55:40-05:00February 17, 2011|TSA, U.S Department of Homeland Security (DHS)|0 Comments

Follow Me To Quickly Clear U.S. Customs as an International Passenger

Have you heard of the Global Entry program operated by U.S. Customs and Border Protection (CBP)? If you are one of the 100,000 U.S. citizens or permanent residents who are members, then congratulations to you. If you are one of the millions of international travelers who do not like to wait in long lines at U.S. Customs when arriving at an airport in the United States after a long intercontinental flight, I have got a deal for you.

Global Entry is a voluntary pilot program that streamlines the international arrivals process for pre-approved travelers through use of self-service kiosks located at 20 major U.S. airports. For good reason, CBP Commissioner Alan Bersin described the Global Entry program as “excellent” in a December 27, 2010 press release.

Applications to Global Entry first must be submitted online at www.globalentry.gov . It costs only $100 for a five year membership. I completed the on-line application in about 5 minutes, and was notified by email the next day that I was conditionally approved. Applicants must then complete an interview and fingerprint data collection in person at any of the 20 airport sites. I am scheduled to be interviewed on February 22, 2011 at Ft. Lauderdale, Florida.

Once enrolled in the pilot program, Global Entry members may proceed directly to the kiosks in the international arrivals area upon arrival in the U.S. At the kiosk, members insert their passport or lawful permanent resident card into a document reader, provide digital fingerprints for comparison with fingerprints on file, answer customs declaration questions on the […]

By Jennifer Diaz|2015-12-01T01:55:00-05:00February 12, 2011|International Travel|0 Comments

Is Your Company Under Investigation by the Federal Government?

Every year, the numerous agencies of the United States Government send out letters to companies putting them on notice that the company is suspected of committing some serious violation. Usually, the letter or notice demands a written response within 30 days or the company will be subject to a penalty or fine. Knowing how to handle such letters, notices, or subpoenas is critical in terminating the investigation successfully, not paying a huge penalty, and even avoiding criminal prosecution.

The Executive Branch departments, bureaus, and agencies of the Federal Government all have the legal authority to investigate and assess penalties against companies that violate that particular Government agency’s regulations. This is especially true of companies which are importers, exporters, or otherwise involved in international trade such as customs brokers, international freight forwarders, airlines, and indirect air carriers. The U.S. Food and Drug Administration (FDA) would issue an “Administrative Subpoena” or a”Notice of FDA Action”, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) would issue an “Administrative Subpoena” while the U.S. Department of Transportation’s Federal Aviation Administration (FAA) would call it a “Notice of Proposed Civil Penalty”, the U.S. Department of Homeland Security’s Customs and Border Protection (CBP) describes it as a “Notice of Action” and “Pre-Penalty Notice”, the Environmental Protection Agency (EPA) calls it a “Request for Information”, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) calls it a “Proposed Charging Letter”, and the Transportation Security Administration (TSA) would call it a “Letter of investigation”.

Whatever pseudonym or term is used, the Government documents are all similar in […]

By Jennifer Diaz|2015-12-28T14:17:59-05:00January 19, 2011|Import, Investigation|0 Comments

Bank Accounts and Seizure Warrants

The U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE) is seizing a record number of bank accounts for money laundering. In summary, here is how it works. A Special Agent from ICE submits an Affidavit to a Federal Judge, the Judge signs a Seizure Warrant authoring the Special Agent to serve that document upon the bank to seize whatever money is in that account. Although the seizure of such accounts may accomplish a legitimate law enforcement purpose in attempting to stop the illicit sale of narcotics by taking the money generated from those sales, the process is too easily abused by the U.S. Government.

The Affidavit filed by the Special Agent is usually “sealed” which means it will not be available to the public or even the person or company for which the bank account monies were seized. Due process should allow a claimant prompt access to that information so the account holder may meaningfully challenge the seizure in Federal Court. At a minimum, the Seizure Warrant should specify what the facts were that supported an allegation of money laundering. Right now, the standard language in the Seizure Warrant only states:

The bank account is subject to seizure and grounds exist for the issuance of this seizure warrant pursuant to 18 U.S.C. 981(a)(1(A) and 21 U.S.C. 881.

That’s it; that’s all you get from the U.S. Government as the reasons that your entire bank account has now been cleaned out, potentially leaving a company unable to pay its bills, including to its employees, or […]

By Jennifer Diaz|2015-12-01T01:53:49-05:00January 13, 2011|U.S Department of Homeland Security (DHS)|0 Comments

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