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Trump Administration Tightens Cuba’s Sanctions Program

Since June 2017, we have been anxiously awaiting changes to the Cuba sanctions program since President Trump signed an executive order and emphatically stated that his administration would tighten loose regulations established under the Obama Administration.

On November 8, 2017, the U.S. Department of the Treasury stated,

“We have strengthened our Cuba policies to channel economic activity away from the Cuban military and to encourage the government to move toward greater political and economic freedom for the Cuban people”

The U.S. Department of the Treasury’s Office of Foreign Assets (OFAC) has implemented the Treasury-specific changes via amendments to its Cuban Assets Control Regulations (CACR), codified at 31 C.F.R. 515. Similarly, the Department of Commerce’s Bureau of Industry and Security (BIS) has implement necessary changes via amendments to its Export Administration Regulations (EAR), codified at 15 C.F.R. 730-746.

Additionally, the State Department has established corresponding initiatives to implement the policy changes promulgated by OFAC and BIS that target impeding economic activities from the Cuban military, intelligence, and security services. OFAC, BIS, and the State Department have taken steps to ensure policy implementations maintain opportunities for Americans to engage in authorized travel to Cuba and support the private, small business sector in Cuba.

The policy changes are effective TODAY, November 9, 2017, pursuant to Federal Register Notice.

The OFAC has already provided a three page FACT SHEET on its website discussing the main questions and answers you are likely pondering yourself. Here is a summary of the main changes:

Financial Transactions

The Embargo […]

By Jennifer Diaz|2022-07-07T12:23:07-04:00November 9, 2017|Best Practices, Cuba, Export, International Business, International Law, International Trade, International Travel, Pre-compliance, 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

Peruvian Timber on the Hot Seat

In a press release, the Office of the United States Trade Representative (USTR) directed United States Customs and Border Protection (CBP) to block future timber imports from a Peruvian exporter, Inversiones Oroza SRL for three years or until it is determined that the company has complied with all applicable Peruvian laws, regulations, and other measures, whichever is shorter. This is the first enforcement action taken by the […]

By Jennifer Diaz|2022-07-07T12:21:44-04:00October 27, 2017|Enforcement, International Law, International Trade, Pre-compliance, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

The UGG Boots Story: How Recording Your Registered Trademark Can Lead to a Jail Sentence

At the end of September 2017, Shi Wei Zheng, 42, plead guilty to one count of trafficking in counterfeit goods. During a five-month period, Zheng trafficked over 15,000 pairs of counterfeit UGG boots, with a total estimated retail value of over $2.5 million.

Zheng created an elaborate scheme in order to receive and sell counterfeit UGG boots. From September 2016 through February 2017, Zheng received several shipping containers from an individual overseas, of which at least three containers were filled with counterfeit UGG boots. After the containers reached the Port of Entry, in this instance, Port of Newark, Zheng had individuals working at the port, remove the containers from the port before U.S. Customs and Border Patrol (CBP) could examine them. Once removed, the containers were delivered to other individuals, paid by Zheng to distribute the counterfeit boots in New Jersey and other places.

Lucky for the owners of the UGG brand, Deckers Outdoor Corporation (Deckers), CBP halted Zheng’s operation, in part as a result of Decker recording its registered trademark with CBP on June 7, 2016. After the recordation was processed, CBP began a more intense “guard dog watch” of the UGG brand merchandise at all Ports of Entry throughout the U.S. This meant that Deckers exercised its right to protect its word mark “UGG” at all U.S. borders. The recordation of the protected mark ultimately lead CBP to identifying counterfeit UGG merchandise and holding the culprit, Zheng, accountable for violating 18 U.S.C. § 2320, trafficking in counterfeit goods, […]

By Jennifer Diaz|2021-12-07T14:52:03-05:00October 19, 2017|Best Practices, Counterfeits, Intellectual Property Rights, IPR, Trademarks and Logos, Pre-compliance, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

UPDATE: FDA Delays Compliance Dates for the New Nutrition Facts Label Rule

In an earlier article, we detailed some of the new changes that would be implemented with the new Nutrition Facts Label rule. That article also provided the compliance dates for the rule. On September 29,2017, however, the FDA proposed yet another deadline extension for food companies to bring their products’ labeling into compliance with the new Nutrition Facts Label rule. Amid concerns of requiring more time to implement the final rules, raised by trade groups and companies, the FDA decided to further delay the compliance dates. The proposed extension dates are January 1, 2020, for companies with food sales of $10 million or more a year and January 1, 2021, for companies with less than $10 million a year in food sales.

In a news release issued September 29, 2017, The FDA reiterated its commitment “to making sure that consumers have the facts they need to make informed decisions about their diet and the foods they feed their families.” Furthermore, because this extension is a proposal, the FDA will exercise discretion with respect to the current compliance dates of July 26, 2018, and July 26, 2019. […]

By Jennifer Diaz|2022-07-07T12:20:22-04:00October 6, 2017|Best Practices, Customs Broker, FDA Issues, Food, Import, International Law, International Trade, Labeling, Pre-compliance, U.S. Food and Drug Administration (FDA)|0 Comments

FDA Delays Compliance Dates for the New Nutrition Facts Label Rule

Take a look at any food label. Check out the back panel entitled, “Nutrition Facts”. It should look similar to the image on the left. Take a look at the total carbohydrate. In this sample, the total carbs is 37g, with 4g of dietary fiber, and 1g of sugar. That leaves 32g of carbohydrates unaccounted for! What are those carbs you might wonder? Well, a majority of them are added sugars.

On May 20, 2016 the FDA finalized the new Nutrition Facts label final rule for packaged foods. It was the first major update, and regulation, to the nutrition facts label in 20 years. The FDA’s regulation targeted sugars, in particular “added sugars”, and provided a major update to the amount of nutrients people customarily consume. Additionally, the nutrition facts label received a face lift.

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By Jennifer Diaz|2021-03-26T14:07:04-04:00August 11, 2017|Best Practices, Customs Broker, FDA Issues, Food, Import, International Law, International Trade, Labeling, U.S. Food and Drug Administration (FDA)|2 Comments

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