February 2012

The prestigious, annual Georgetown International Trade Law Update takes place February 9-10, 2012 in Washington, D.C.  The 2012 International Trade Update  is sponsored by the Georgetown University Law Center. The conference is sure to provide you practical, topical, and timely information that you can use back at your desk – whether you are a private practitioner, government attorney, or in-house counsel.

According to the press release:

This year’s program aims to provide you with the most important new developments affecting the trade and customs bars, as well as critical interpretations of those developments by senior partners at law firms, top government officials, judges, and corporate counsel.

My presentation is entitled “U.S. Customs and Border Protection Administrative Enforcement Process:  Fines, Penalties, Forfeitures and Liquidated Damages Overview”. Just like my fellow panelists, John Connors who is Chief of the CBP Penalties Branch, and Richard Belanger who is a partner at Sidley Austin, the presentation is aimed at the experienced customs and international practitioner who is already familiar with the basic policies and procedures of CBP.

For those interested in attending the conference, more information is available on the website.

Co Authored by Michael DeBiase.

U.S. Customs and Border Protection (“CBP”) has published a final rule (the “Rule”) providing CBP with the ability to publish seizure and forfeiture notices on the Department of Justice (“DOJ”) forfeiture website.  CBP believes that such notices will reach a broader range of the public, at less cost, than the current local print publications or customhouse postings.

You know what?  CBP is right, and kudos to them for this added efficiency that goes into effect on February 28 of this year.

Pursuant to the Rule, CBP will post all seizure and forfeiture notices for thirty (30) consecutive   days on the DOJ’s site.  Thereafter, CBP may still publish notice in print form when it deems such additional outreach appropriate.

The beauty of the Rule is that it provides a vehicle by which both the government and the party interested in the seized goods to share in the greater efficiency, streamlined procedures, and reduction in costs offered by giving electronic notice.  This will also make it easier for the interested parties to assert claims for the seized property.

This is a change that needed to happen, and although the process and site will surely experience “growing pains”, the efficiency and cost savings should prove well worth it.

If you do receive a seizure notice, remember, you must file a Petition within 30 days of the seizure notice or, if seeking judicial review of the seizure, file a claim and cost bond equal to 10% of the value of the seized […]