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International Law

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CBP eRecordation Program Update: What Rights Holders and Importers Should Watch After CBP’s August 2026 Briefing 

CBP’s Intellectual Property Enforcement Branch briefed eRecordation holders on August 27, 2026 on changes to the recordation application, future expanded pre-seizure disclosure authority, pending legislation, and an enforcement posture that has to consequence delivery, especially collecting penalties for IP violations. This article updates our earlier overview of CBP’s recordation program and identifies the items that should prompt rights holders to revisit existing recordations and importers to tighten sourcing controls. If your recordation was filed more than a year ago, several of these changes affect you directly. 

KEY TAKEAWAYS 

  • CBP’s FY 2025 IPR seizures reached roughly 78 million items with an MSRP near $7.4 billion, up sharply from the FY 2024 figures. 
  • The e-Recordation portal now validates against USPTO data. Supplemental Register marks, dead registrations, and classes not on the principal registration are rejected. 
  • Renewals are $80 per class and ownership changes are $80. Up to three contact emails are now accepted; one should be a monitored general inbox. 
  • CBP is piloting a Master Price List collection (national MSRP for every covered product), which will be an upload option on new applications and renewals. 
  • The Counterfeit Notification Act, which would let CBP share shipping labels, invoices, and e-commerce platform information with rights holders and their representatives , has passed both the House and Senate but must still clear final congressional action before being […]
By |2026-08-31T09:45:55-04:00August 31, 2026|Enforcement, International Law, International Trade|2 Comments
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DHS Adds 43 Companies to the UFLPA Entity List, the Largest Expansion Yet 

On July 31, 2026, the Department of Homeland Security, acting on behalf of the Forced Labor Enforcement Task Force (FLETF), announced the addition of 43 companies to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, along with technical updates to the official names of two entities already listed.  

The New List 

The revised list published as an appendix to a Federal Register notice on August 3, 2026, bringing the total to 187 entities, a roughly 30% increase, and the single largest expansion since the UFLPA took effect in 2022. The newly designated companies operate in DHS’s high-priority enforcement sectors, including aluminum, apparel, copper, cotton, and tomatoes and downstream products. Notably, a substantial share of the additions are headquartered outside the Xinjiang Uyghur Autonomous Region (XUAR), in provinces such as Shandong, Jiangsu, and Henan, which highlights that Entity List exposure is not a question of geography alone. 

CBP’s UFLPA Authority 

Under the UFLPA, U.S. Customs and Border Protection (CBP) applies the UFLPA’s rebuttable presumption under 19 U.S.C. § 1307 to goods mined, produced, or manufactured wholly or in part by any of the newly listed entities, and, critically, to downstream merchandise that incorporates their inputs. There is no de minimis threshold: a single component, raw material, or subassembly traceable to a listed company can support detention of an entire shipment.  

To secure release, an importer must either show that the UFLPA […]

By |2026-08-28T14:31:30-04:00August 28, 2026|Enforcement, International Business, International Law, news|0 Comments
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FinCEN Permanently Ends BOI Reporting for U.S. Companies and U.S. Persons Under the Corporate Transparency Act 

On August 11, 2026, the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a final rule permanently removing the requirement for U.S. companies and U.S. persons to report beneficial ownership information (BOI) under the Corporate Transparency Act (CTA). FinCEN states that U.S. companies are now exempt from BOI reporting requirements and no longer need to file BOI reports. The final rule also relieves U.S. persons from providing BOI to reporting companies and from updating or correcting information previously submitted to obtain a FinCEN identifier. For many domestic businesses, this marks a significant compliance shift—but foreign entities registered to do business in the United States may still have BOI obligations.

What Changed? 

FinCEN’s final rule makes permanent the relief first announced in the March 2025 interim final rule. Under the final rule, U.S. companies are exempt from BOI reporting requirements and therefore are no longer required to file BOI reports. Reporting companies also do not need to report BOI for U.S. person beneficial owners or U.S. person company applicants, and U.S. persons do not need to provide BOI to reporting companies. 

FinCEN also announced that U.S. persons with FinCEN identifiers are not required to update or correct the information they previously submitted to FinCEN. This is important for individuals who filed BOI information before the rule changed and who otherwise may have expected ongoing update obligations.

Who Still Has BOI Reporting Obligations? 

The final rule does not eliminate […]

By |2026-08-14T11:56:34-04:00August 14, 2026|Enforcement, International Business, International Law, news|0 Comments
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New OFAC Advisory: Signs of Sham Transactions and Sanctions Evasion

On March 31, 2026, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) released an important advisory addressing the growing use of sham transactions to evade U.S. sanctions. The guidance highlights how sanctioned individuals and entities often attempt to disguise their continuing interest in property through opaque legal structures, proxies, and other intermediaries. OFAC’s message is clear: transactions that merely appear to transfer ownership but do not genuinely extinguish a blocked person’s interest remain prohibited. 

What OFAC Defines as a “Sham Transaction” 

Sham transactions occur when blocked persons “give up their property on paper only,” while continuing to benefit from or control the asset. These arrangements often involve: 

  • Proxies, straw owners, or front companies acting on behalf of sanctioned individuals. 
  • Opaque legal structures, including multi‑layered LLCs, partnerships, or trusts. 
  • Transfers to family members or close associates who may serve as facilitators. 
  • Commercially unreasonable transfers, such as those lacking adequate consideration. 
  • Continued use or control of the asset by the blocked person after the purported transfer. 

Pro Tip: Look beyond legal formalities and identify the economic realities of the transaction. 

Red Flags Identified by OFAC 

The advisory outlines several indicators that a transaction may be a sham designed to evade sanctions. These include: 

By |2026-04-07T16:53:01-04:00April 3, 2026|Enforcement, International Law, International Trade, Investigation, U.S. Office of Foreign Assets Control (OFAC)|0 Comments
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FinCEN Issues NPRM to Fully Implement Whistleblower Program

Authors:

Jennifer Diaz, President, Diaz Trade Law

Amber Pirson, Attorney, Diaz Trade Law

FinCEN’s March 30, 2026, Notice of Proposed Rulemaking (NPRM) marks a major step toward fully operationalizing the agency’s whistleblower program, designed to incentivize reporting of Bank Secrecy Act (BSA), sanctions, IEEPA, and other illicit finance violations. The proposal outlines how whistleblowers can securely submit information, how awards will be determined, and what protections will be available.  

This development reflects the Treasury Department’s broader strategy to strengthen financial system integrity and encourage actionable tips that support enforcement efforts. For financial institutions, compliance professionals, and potential whistleblowers, the NPRM provides long‑awaited clarity on program structure and expectations. 

Overview of the Proposed Rule 

FinCEN’s NPRM proposes a comprehensive framework for administering whistleblower submissions and awards. Key elements include: 

  • Secure submission procedures for individuals reporting suspected violations of the BSA, OFAC sanctions, and related laws. 
  • Eligibility criteria for whistleblower awards, including documentation requirements and timelines. 
  • Award ranges of 10–30% of monetary penalties collected when a whistleblower’s information leads to a successful enforcement action. 
  • Robust protections for individuals who provide information, including confidentiality and anti‑retaliation safeguards. 

These provisions aim to encourage early, detailed reporting while ensuring whistleblowers are shielded from adverse consequences. 

Why FinCEN Is Prioritizing Whistleblower Incentives 

The NPRM aligns with Treasury’s broader […]

By |2026-04-03T10:52:12-04:00April 3, 2026|Enforcement, International Law, Trade Policy, U.S. Department of Justice (DOJ), U.S. Office of Foreign Assets Control (OFAC)|0 Comments
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