2016 - Page 5 of 6 - Customs & International Trade Law Firm

Yet Another Reason to Record your Trademark or Copyright with U.S. Customs and Border Protection (CBP)

Co-Authored by Jennifer Diaz and Kristina Hernandez-Tilson, an attorney in Miami, Florida, practices in state and federal court, litigating matters of civil and administrative law.

Whether you are importing goods to the United States, or are a U.S. trademarks or copyright owner, there is a new law on the books that should be of interest to you, the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), which was signed into law on February 24, 2016. TFTEA, a bipartisan piece of legislation, is comprehensive in scope. In this Article, we will look specifically at Sections 302 through 311, the section on “Import-Related Protection of Intellectual Property Rights” (IPR). The TFTEA highlights the fact that CBP treats IPR as a priority trade initiative.

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By Jennifer Diaz|2022-07-07T11:29:21-04:00April 12, 2016|Best Practices, Counterfeits, Customs Expert, Enforcement, Expert, Import, Intellectual Property Rights, International Law, International Trade, IPR, Trademarks and Logos, Pre-compliance|1 Comment

Why Pre-Compliance is a MUST

If the thought of monetary penalties, shipment delays, detentions or seizures of merchandise keep you up at night, then this article is for you. First, it’s quite easy to establish a U.S. company, pick (what you hope is) a terrific customs broker, file Form 5106 with U.S. Customs and Border Protection (CBP) to request your importer number, pick a surety (there are many, your broker will likely sway you to their favorite) and WALLAH! Right? Wrong. No one sits you down during this process to say, wait, importing can be great, but, this is also a LOT of responsibility. Your company (and SOMETIMES even YOU) have liability and a burden when importing. This article will walk you through YOUR burden as an importer, how CBP can question your imports, and how penalties can ensue and what you should be doing about it, in advance!

Importer’s Burden

The best resource (when you’re ready to read 211 pages) is the “Importing into the U.S.” “A Guide for Commercial Importers” by CBP (last revision in 2006). The guide discusses the Trade Act of 2002 and the Customs Modernization Act (the “Mod Act”) and the responsibilities that came to fruition for importers as a result. A key feature of the Mod Act is a “relationship between CBP and importers that is characterized by informed compliance”. What this means is now there is a shared responsibility between CBP and the import community, wherein CBP communicates its requirements to the importer, and the importer, […]

By Jennifer Diaz|2022-07-07T11:27:16-04:00April 7, 2016|Customs Broker, Customs Expert, Events, Expert, HTSUS, Import, International Law, International Trade, Pre-compliance, Speaking, U.S. Customs and Border Protection (CBP)|5 Comments

Build Your Own ‘People to People’ Mission & More Cuba Changes

If you have been following our Cuba updates, you’ll note we’ve been busy. A full listing of all of our posts to get you caught up are all the way at the bottom. Here’s the Cliff Notes version:

On December 17, 2014, President Obama made a historic announcement: “Today, the United States is taking historic steps to chart a new course in our relations with Cuba and to further engage and empower the Cuban people.”
By January 16, 2015, both the U.S. Treasury Department, Office of Foreign Assets Control (OFAC) amended its Cuban Assets Control Regulations, and the U.S. Department of Commerce’s, Bureau of Industry and Security (BIS) amended the Export Administration Regulations with a “Support for the Cuban People” license exception. Both OFAC and BIS’s new rules were effective as of January 16, 2015.
OFAC and BIS issued additional new rules on June 15, 2015, September 21, 2015, January 27, 2016 and again today!

As far as travel goes, the NY Times posted their travel tips, but, here are MY travel tips to you:

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By Jennifer Diaz|2022-07-07T11:25:36-04:00March 16, 2016|Best Practices, Cuba, Customs Expert, Expert, Export, International Business, International Law, International Trade, International Travel, U.S Department of Homeland Security (DHS), U.S. Bureau of Industry and Security (BIS), U.S. Department of Commerce (DOC), U.S. Department of State (DOS), U.S. Office of Foreign Assets Control (OFAC)|2 Comments

Ex-Im Partners with Diaz Trade Law for FREE Webinar

Diaz Trade Law, jointly with the Export Import Bank of the United States (Ex-Im Bank), invite you to join a FREE webinar on How to Finance Your Exports, tailored to Minority & Women-Owned Businesses. The webinar will take place online, Thursday, February 26^th, 2016, from 12-1pm (EDT).

Topics covered will include:

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By Jennifer Diaz|2016-02-23T20:26:23-05:00February 23, 2016|Best Practices, Events, Export|0 Comments

Up to 110 Daily Flights from the U.S. to Cuba

If you are in aviation – commercial or private – there are potential new business opportunities in Cuba. The American government and our new friendly neighbor to the south, the Republic of Cuba last sat at the negotiation table to discuss Air Transportation agreements in 1957, as parties to the Convention on International Civil Aviation. Nearly sixty years later, on February 16, 2016, the United States government and Cuba entered into an aviation agreement, the U.S.-Cuba Memorandum of Understanding of February 16, 2016, and intend to apply the basis of comity and reciprocity of the agreement.

Immediately after, Anthony Foxx, U.S. Transportation Secretary, Charles Rivkin, Assistant Secretary of State for Economic and Business Affairs, Adel Yzquierdo Rodriguez, Cuban Minister of Transportation and Colonel Alfredo Cordero Puig, President of the Cuban Civil Aviation Institute (IACC), Ministry of Transportation signed the agreement, the U.S. Department of Transportation (DOT) encouraged U.S. air carriers to apply for licensing and authorization to offer flights to Cuba.

While there have been no scheduled flights between the United States and Cuba for over half a century, this agreement grants permission to American and Cuban airlines, cargo and passenger aircrafts, to perform scheduled and charter services between American and Cuban ports for the purposes of international air transportation.

At the outset, countries are able to operate flights to and from the other country (one-way or round-trip flights); combine different flight numbers; make layovers outside of the U.S. or Cuba or within either country, amongst other permissions.

Interestingly enough, […]

By Jennifer Diaz|2022-07-07T11:23:49-04:00February 18, 2016|Cuba, Export, Pre-compliance, U.S. Bureau of Industry and Security (BIS), U.S. Office of Foreign Assets Control (OFAC)|0 Comments

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