April 2013

Ready to Travel to Cuba? OFAC Simplifies Process

On April 18, 2013, the Office of Foreign Assets Control (“OFAC”) announced its effort to streamline license processing procedures by accepting requests for licenses, license amendments, and interpretive guidance electronically. This will not only simplify the process for those that wish to travel to Cuba, this new electronic application program can also be used for applications to request the release of blocked funds and much more.

For those that are more “old school” – you still have the opportunity to submit applications by snail mail pursuant to 31 C.F.R. § 501.801.

The new electronic OFAC License Application Page will allow users to apply:

to travel to Cuba (for many, though not all, categories of travel to Cuba);
to export agricultural commodities, medicine, or medical devices to Sudan or Iran pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000;
for the release of a wire transfer blocked at a U.S. financial institution; and
for a license or interpretive guidance in all other circumstances (referred to generally as Transactional).

For those wishing to travel to Cuba in a jiffy, you must first consult an expert to review and assure you understand the Comprehensive Guidelines for License Applications to Engage in Travel-Related Transactions Involving Cuba. Once you know that you can apply to OFAC for your specific category of travel – the next step is reviewing the online application page.

Thus far, the electronic form may be used to apply for licenses to travel to Cuba in the following categories […]

By Jennifer Diaz|2022-07-07T09:53:07-04:00April 29, 2013|Best Practices, Export, International Travel, U.S. Office of Foreign Assets Control (OFAC)|0 Comments

Do You Keep Your Manifest Information CONFIDENTIAL?

Did you know importers and consignees can request that U.S. Customs and Border Protection (CBP) keep your manifest information confidential?

If you are currently letting your competitors know your source, read on, and learn how to keep your private data private!
Pursuant to the privacy statute, 19 C.F.R. § 103.31 (d) the public is allowed to collect manifest data (e.g., bills of lading) at every port of entry. This information is limited to vessel manifests. Air, rail, and truck manifests are not available to the general public in any form.

Websites such as panjiva.com, datamyne.com, importgenius.com, and trademo.com/product, (to name a few) collect and publish the names of importers, suppliers, and manufacturers from vessel manifest data. This can be troubling for some, as your competitors are able to access information related to the sourcing and/ or manufacturing of your products. However, an importer/shipper may make a request to CBP for confidentiality. The confidential protection is valid for 2 years, thereafter, you have to renew your request.

The public may obtain manifest data at every port of entry. However, Section 103.31 states that

Only the name and address of the shipper, general characteristics of the cargo, number of packages, gross weight, name of the vessel, port of exit, port of destination, and country of destination may be copied and published.

The regulation also states that

An importer or consignee may request confidential treatment of its name and address contained in inward manifests, […]

By Jennifer Diaz|2023-06-19T14:35:12-04:00April 17, 2013|Import, U.S. Customs and Border Protection (CBP)|3 Comments

Deadline for FDA Rules Demanded

Proponents of food safety, such as The Center for Food Safety, are putting pressure on the FDA to implement the proposed regulations enacted under the Food Safety Modernization Act. Currently, there is an ongoing case between The Center for Food Safety and the FDA. The case has been presented to a California federal judge who is being urged to impose strict deadlines. The regulations that are being discussed are aimed at making the national food supply safer. Advocates for the Center for Food Safety argue that the FDA has missed deadlines set by Congress.

The multiple deadlines set by Congress originally expired on October 2011, January 2012, and July 2012. However, the FDA has not finalized the implementation of the provisions desired by food safety proponents of the 2011 Food Safety Modernization Act. These provisions would regulate farms, food imports, food transportation, and the analysis of human and pet foods. Implementing these provisions is an urgent issue; food borne illnesses kill approximately 3,000 Americans each year.

The FDA argues that an unrealistic timeline was placed on them to fulfill the goals of this act. The agency claims that completing this task will take longer than expected because they are understaffed. Arguably, this delay can be seen as one of the side effects of the recent sequestration. The agency has submitted a set of rules to the Office of Management and Budget (OMB) in order to enact the law. However, the OMB has not yet […]

By Jennifer Diaz|2015-11-30T13:17:38-05:00April 17, 2013|FDA Issues|0 Comments

File Your Petitions Timely, Or Else…

As of January 9, 2013, Customs and Border Protection (CBP) is making procrastinators pay the price for filing untimely petitions that seek relief from liquidated damages. CBP amended it’s guidelines for the cancellation and mitigation of claims for liquidated damages in cases where petitioners are late in filing claims for relief. Additionally, CBP also changed the formula for calculating late petition mitigation.

Current Rule for Timely Petitions

Under the existing regulatory authority, in order to be considered timely, petitions for relief in response to claims for liquidated damages must be filed:

•A. By bond principals within 60 days from the date of mailing of the notice of liquidated damages (see 19 C.F.R. 172.3(b)) or any lawful extension thereof; or

•B. By sureties within 60 days of the demand for payment by CBP (see 19 C.F.R. 172.4) or any lawful extension thereof.

When circumstances so warrant, extensions of the time period to file a petition may be granted by the FP&F Officer (FPFO) if such an extension of time is requested during the 60-day period available for timely filing a petition (see 19 C.F.R. 172.3(c)). The amendment to the current rule does not allow a petition for relief to be considered if it is filed after (a) the commencement of sanctioning action against the bond principal or (b) the issuance of a notice to show cause against the surety.

A party responsible for a liquidated damages claim may submit […]

By Jennifer Diaz|2013-04-08T13:12:00-04:00April 8, 2013|Best Practices, Liquidated damages, U.S. Customs and Border Protection (CBP)|0 Comments

Seizure Averted – Why a Customs Lawyer is Essential at Detention

Sitting with your head down moping about U.S. Customs and Border Protection (CBP) holding your goods is never the right answer!

Two days ago, a potential client called and explained that a valuable shipment was detained by CBP. The potential client asked if I could help recoup the goods from CBP, during this detention phase, or if they should wait.

When I get this question, I always want to scream, NOW!! This is the most essential time an importer has. Here’s the real question – do you want an expert in Customs law to assist you before your goods are guaranteed to be stuck in CBP for months, or work on getting them back for you NOW?!

I always request pertinent information about the commodity and the supposed rationale for the detention (if you don’t have this information yet, I help you get it). In this case, the potential client adamantly stated that the goods were legitimate, gray market goods; however, CBP was skeptical.

I advised the potential client that obtaining my services at this point would be the BEST option so I could clearly determine and explain to CBP the legitimacy of the merchandise and demand the release. After being hired, I immediately began working on the case due to the exigency of the circumstances. My tasks were to understand the basics of the commodity, learn […]

By Jennifer Diaz|2013-04-01T20:53:00-04:00April 1, 2013|Detention, Intellectual Property Rights, Seizure, U.S. Customs and Border Protection (CBP)|2 Comments