March 2024

MoCRA Facility and Product Registration Portal Now Open! 

Essential deadlines under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) come into effect July 1, 2024. MoCRA brings significant changes to the cosmetic industry and will impact your company if you manufacture, distribute, or pack a cosmetic product in the United States.

What is Required Under MoCRA

MoCRA replaces the previous Cosmetic Act, which had not been updated since 1938.

New MoCRA requirements include:

  • FDA registration for cosmetics facilities
  • Product listings for each cosmetic product
  • Adverse event reporting
  • Safety substantiation
  • Compliance with Good Manufacturing Practices (GMPs)
  • Fragrance allergen labeling

MoCRA also gives the FDA new records access and mandatory recall authority. In issuing MoCRA regulations, FDA’s aim is to help ensure the overall safety of cosmetic products, and significantly expand the Agency’s ability to trace and track non-compliant products and facilities.

Registration and Listing Made Easy Through Our Online Portal

Not sure what is required to register a facility or list a cosmetic product? Our online portal will take you through the process step-by-step to ensure you are in compliance.

On our website you can:

  • Register a facility
  • Enlist Diaz Trade Consulting as your U.S. Agent
  • List a cosmetics product
  • Pay registration fees
  • Complete annual renewal
  • Request a UNII code

Get started here. Have questions? Reach out to us at info@diaztradeconsulting.com or call us at 305-400-8458.

Read more about MoCRA:

Clothing Wholesaler Executive Avoids Paying Millions in Duties – Sentenced to 4 Years in Prison

Mohamed Daoud Ghacham, a 40-year-old executive from California has been sentenced to 48-months in prison for customs fraud. Ghacham, who was at the helm of a Paramount-based clothing wholesale company, engaged in a deceitful scheme that allowed his business to sidestep paying millions in customs duties on imported garments.

United States District Judge Maame Ewusi-Mensah Frimpong handed down the sentence, which also includes a restitution payment of $6,390,781.

The fraudulent operation involved importing clothing from China and presenting U.S. Customs and Border Protection (CBP) with a fraudulent second invoice with a lowered value. At Ghacham’s direction, Chinese suppliers would prepare two invoices for orders – a true invoice with the actual price paid and a fraudulent invoice with an understated price. Ghacham submitted the false invoices to CBP, allowing them to avoid millions of dollars in duties for over a decade.

Ghacham also faced charges related to conspiring to engage in transactions with a known narcotics trafficker.

The sentencing of Ghacham and his company concludes a comprehensive investigation by Homeland Security Investigations and CBP, with assistance from the U.S. Department of Commerce Office of Export Enforcement, the Treasury Department’s Office of Foreign Assets Control, and IRS Criminal Investigation.

This case underscores the U.S. government’s unwavering commitment to enforcing its customs laws and the severe consequences for those who choose to circumvent them.

Interested in learning more about CBP enforcement? Check out our upcoming webinar on the False Claims Act (FCA). We will discuss damages and criminal liability for making false claims to the government, whistleblower […]

By |2024-03-15T14:25:27-04:00March 15, 2024|Import, penalty|0 Comments

ICYMI: Commerce, Treasury, and Justice Issue Compliance Note on Obligations of Foreign-Based Persons to Comply with U.S. Export Laws

On March 6, 2024, the Department of Commerce, Department of the Treasury, and Department of Justice issued a tri-seal compliance note titled: “Obligations of foreign-based persons to comply with U.S. sanctions and export control laws.”

The note:

  1. Highlights the applicability of U.S. sanctions and export control laws to persons and entities located abroad;
  2. Outlines the enforcement mechanisms that are available for the U.S. government to hold non-U.S. persons accountable for violations of such laws; and
  3. Provides an overview of compliance considerations for non-U.S. companies and compliance measures to help mitigate their risk

Applicability of U.S. Sanctions and Export Control Laws to Foreign-Based Persons

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions, primarily against foreign jurisdictions but also against individuals and entities such as traffickers and terrorists.

The following persons/entities must comply with OFAC regulations:

  • U.S. citizens and permanent resident aliens
  • All persons within the United States
  • All U.S.-incorporated entities and their foreign branches

In certain sanctions programs, foreign entities owned or controlled by U.S. persons also must comply with applicable restrictions – such as engaging in a transaction with the government of Iran. Certain sanctions programs also require foreign persons in possession of U.S.-origin goods to comply.

Non-U.S. persons are also subject to certain OFAC prohibitions. For example, non-U.S. persons are prohibited from causing or conspiring to cause U.S. persons to wittingly or unwittingly violate U.S. sanctions, as well as engaging in conduct that evades U.S. sanctions.

Applicability of U.S. Export Control Laws

The compliance […]

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)  

  • CBP adopted final rules implementing procedures to investigate claims of antidupint and countervailing.
    • This rule makes final interim amendments to regulations that were published in 2016.
    • The rules provide guidance on initiation of investigations, investigation procedures, and administravie review of determinations.
  • CBP launches new EAPA and E-Allegation dashboards for enhanced visibility into trade violations and enforcement efforts 
    • The agency launched two statistics dashboards focusing on the Enforce and Protect Act and e-Allegations programs.  
    • Members of the public and trade community can use the new dashboards to explore updated data and global trends on the trade violations that CBP receives, including information on the possible countries of origin and the volume and types of trade violation allegations CBP processes through the Trade Violations Reporting Tool.  
  • Officers at the Port of Louisville seized a de minimis shipment containing 35 counterfeit designer watches. The items were deemed to be inauthentic by CBP’s Centers of Excellence and Expertise, and if genuine, would have had a combined Manufacturer’s Suggested Retail […]
By |2024-03-16T12:15:01-04:00March 15, 2024|Snapshot|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 issues a new guide for the public on how the agency sets bond amounts.  
    • The report outlines CBP’s legal authorities, responsibilities, and its procedures on bond transmission, record retention, bond amounts, and bond types. 
  • Jiaxing Hoshine, a silica manufacturer,  filed a lawsuit against CBP alleging that the agency violated the Administrative Procedure Act by imposing a withhold release order (WRO) without disclosing evidence and providing adequate explanation for its action.  
  • CBP officers at the Massena Port of Entry discovered 3D printed gun parts on a traveler making entry back into the United States. 
  • CBP and the Census Bureau announced that the Forwarding Agent party record name will be changed to Authorized Agent in AESDirect. 
  • CBP published a new digital article: “The Quiet Enforcers: Behind the Scenes with CBP’s Fines, Penalties, and Forfeitures Division.” 

Food and Drug Administration (FDA) 

  • The FDA announced the availability of a
By |2024-03-07T10:02:57-05:00March 7, 2024|Snapshot|0 Comments
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