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SOLAS (Weigh or Pay) – Enforcement as of July 1, 2016

If you are involved in international trade, then you’ve recently heard the buzzword SOLAS and an enforcement date of July 1, 2016. Below contains a summary of SOLAS and what to be prepared for.

What is SOLAS?

“SOLAS,” an acronym made from The International Convention for the “Safety of Life at Sea,” is an international treaty that governs the safe operation of all ships engaged in international maritime trade. The SOLAS Convention specifies the minimum standards for the construction, equipment, and operation of merchant ships. The United States is a signatory to SOLAS.

Who is responsible? […]

By Jennifer Diaz|2022-07-07T11:36:20-04:00July 6, 2016|Best Practices, Export, Freight Forwarding, International Business, International Law, International Trade, Pre-compliance|0 Comments

The End of Vape Shops, Hookah Shops, And E-Cigs? FDA’s New “Deeming” Laws

On April 24, 2014, the U.S. Food and Drug Administration(FDA) announced that it was officially “deeming” e-cigs, e-hookah, vape pens, and other tobacco products subject to the Federal Food, Drug, and Cosmetic Act (FD&C Act). This article covered the proposed regulation at the time. On May 10, 2016 the FDA published the final rule on the new deeming law.

What Are Tobacco Products and What’s Being Regulated?

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By Jennifer Diaz|2022-07-07T11:34:21-04:00May 26, 2016|E-Cigarette, FDA Issues, Import, Pre-compliance, Tobacco, U.S. Customs and Border Protection (CBP)|0 Comments

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

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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