Bloomberg Law Feature: Voluntary Self-Disclosures: Recent Guidance From BIS, OFAC & DOJ

Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles, “Voluntary Self-Disclosures: Recent Guidance From BIS, OFAC & DOJ”! Below is the article reproduced with permission for your reading pleasure. You can also read the article here.

 

If an individual or company believes it has violated US trade laws, proactively disclosing the potential violation can substantially reduce penalties. A system of disclosures, known as Voluntary Self-Disclosures (VSDs) and Prior Disclosures (PDs), exists for a wide array of federal agencies, including Customs and Border Protection (CBP), Bureau of Industry & Security (BIS), the Department of the Treasury’s Office of Foreign Assets Control (OFAC), and the Department of Justice (DOJ).

Self-Disclosure Process & Benefits of Disclosing

Each agency has different requirements and processes for submitting VSDs or PDs. However, the process generally includes an initial notification to the agency followed by a supplemental narrative. Regardless of the agency involved, an initial notification of a violation should be transmitted as soon as it is discovered. Delaying disclosure after an apparent violation is discovered can disqualify a VSD or PD or even lead to more severe penalties when an agency initiates an enforcement action.

Agencies encourage parties to submit VSDs and PDs if they believe they have violated US trade laws and regulations. According to BIS, doing so is an “excellent indicator of a party’s intent to comply with U.S. export control requirements.”

Parties who disclose may benefit from significantly mitigated penalties. For example, minor or technical violations disclosed to BIS can […]

By |2023-10-30T16:04:46-04:00September 29, 2023|Bloomberg, Bloomberg Export, Bloomberg VSD|0 Comments

Jennifer Diaz Named Recipient of 2023 Women in Supply Chain Award

This award honors female supply chain leaders and executives whose accomplishments, mentorship and examples set a foundation for women in all levels of a company’s supply chain network.

Food Logistics, the only publication exclusively dedicated to covering the movement of product through the global cold food supply chain, and Supply & Demand Chain Executive, the only publication covering the entire global supply chain, named Jen Diaz as one of the winners of this year’s Women in Supply Chain Award, which honors female supply chain leaders and executives whose accomplishments, mentorship and examples set a foundation for women in all levels of a company’s supply chain network.   

“This year, we received over 400 submissions, the highest amount of applications not only for this award, but also for all of our awards. What’s more, 118 of those applications were submitted by male counterparts, nominating their boss, co-worker or associate. Last year, that figure was just at 75. Also this year, 39 women self-nominated, a tremendous uptick from last year’s award, which just saw 12 self-nominations. This shows progress. This shows hope that one day, we won’t need an award like this because men and women in the supply chain will be equal,” says Marina Mayer, Editor-in-Chief of Food Logistics and Supply & Demand Chain Executive. “While there’s still more work to be […]

By |2023-09-22T11:16:29-04:00September 22, 2023|Supply Chain|0 Comments

Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade news:    

Customs and Border Protection (CBP) 

  • CBP held a call to inform the trade community about port disruptions due to the migrant crisis at the Southwest border. Key updates:
    • The Eagle Pass Port of Entry has suspended rail operations. No rail passage north or south until further notice.
    • The El Paso field office is not processing northbound commercial traffic on the Bridge of Americas.
  • CBP announces increase in COBRA fees – CBP is adjusting certain customs user fees and corresponding limitations established by the Consolidated Omnibus Budget Reconciliation Act (COBRA) for Fiscal Year 2024.
  • CBP officers in Louisville seized a shipment containing 1,747 pieces of counterfeit designer rings, bracelets, necklaces, and earrings. 
  • CBP officers at Chicago O’Hare’s International Mail Branch, seized a shipment containing 67 pieces of counterfeit designer watches, bracelets, handbags, and scarves. If genuine, would have had a combined Manufacturer’s Suggested Retail Price (MSRP) over $1 million.
  • EAPA case update – EAPA Cons. Case 7724: WHP Associates LLC (Final Administrative Determination)
    • The importer was investigated for importing lightweight thermal paper from the […]
By |2023-09-22T11:13:57-04:00September 22, 2023|Snapshot, Uncategorized|0 Comments

Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade law news:     

Customs and Border Protection (CBP)  

  • CBP initiates interoperability standards test to improve supply chain transparency 
    • The test seeks to establish global standards to foster transparency and a standard manner of communication between the private sector and government agencies while allowing both to maintain the ability to choose from various technologies. 
  • CBP announced publication of its Quick Reference Card (QRC) describing the best practices associated when reporting allegations of Enforce and Protect Act (EAPA) violations to CBP regarding importer AD/CVD evasion. The QRC is available here. 
  • CBP has announced that it will hold its 2024 Trade Facilitation and Cargo Security Summit at the Philadelphia Marriott Downtown in Philadelphia on March 26-28, 2024. 
  • CBP and USDA will host a webinar to provide information about risks and regulations associated wood packaging material/ISPM 15.  The live webinar will take place virtually on Monday October 25, 2023 from 2:00-3:00pm EDT. Register here. 
  • CBP notified CTPAT partners that all primary POCs for CTPAT and TC Portal accounts MUST ensure user information and email addresses […]
By |2023-09-15T14:49:30-04:00September 15, 2023|Snapshot|0 Comments

ICYMI: USTR Announces Extension of Reinstated Section 301 Exclusions and COVID-Related Exclusions

Last week, the United States Trade Representative (USTR) announced that it will extend 352 reinstated exclusions and 77 COVID-related exclusions on goods from China until December 31, 2023. The exclusions refer to additional duties imposed on goods from China pursuant to an earlier Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. 

In December 2022, the agency determined to extend the exclusions and extended them again in May 2023 through September 30, 2023. This latest notice announces the agency’s determination to further extend the exclusions until December 31, 2023.

The announcement states that the goal of this most recent extension is “[t]o provide a transition period for the expiring exclusions and to allow for further consideration under the four-year review.” 

Exclusion Background

In August 2017, USTR initiated an investigation into China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The agency released a report of its findings in March 2018 and in June 2018 began imposing additional duties on products of China in four tranches. The USTR established a process by which U.S. stakeholders could request the exclusion of particular products subject to additional duties. Starting in November 2019, the agency invited public comments on whether to extend particular expulsions it had granted. Through this process, 352 exclusions […]

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