International Law

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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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, […]

Build Your Own ‘People to People’ Mission & More Cuba Changes

 

If you have been following our Cuba updates, you’ll note we’ve been busy. A full listing of all of our posts to get you caught up are all the way at the bottom. Here’s the Cliff Notes version:

  • On December 17, 2014, President Obama made a historic announcement: “Today, the United States is taking historic steps to chart a new course in our relations with Cuba and to further engage and empower the Cuban people.”
  • By January 16, 2015, both the U.S. Treasury Department, Office of Foreign Assets Control (OFAC) amended its Cuban Assets Control Regulations, and the U.S. Department of Commerce’s, Bureau of Industry and Security (BIS) amended the Export Administration Regulations with a “Support for the Cuban People” license exception. Both OFAC and BIS’s new rules were effective as of January 16, 2015.
  • OFAC and BIS issued additional new rules on June 15, 2015, September 21, 2015, January 27, 2016 and again today!

As far as travel goes, the NY Times posted their travel tips, but, here are MY travel tips to you:

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Diaz Trade Consulting Partners with 305 Cargo and SBDC on Compliance Seminars

SeminarDiaz Trade Consulting partners with leading experts to bring you compliance seminars catered to your international business.

COMPLIANCE SEMINARS FOR INDIVIDUALS & SMALL BUSINESSES

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Top Trade Attorney Jennifer Diaz Opens Diaz Trade Law, P.A.

Jennifer Diaz, Esq., former shareholder and chair of the Customs and International Trade practice group in the Miami office of law firm Becker & Poliakoff, has announced the opening of DIAZ TRADE LAW, P.A., specializing in Customs and International Trade Services. Ms. Diaz will remain Of Counsel to Becker & Poliakoff.

Ms. Diaz is Board Certified in International Law by the Florida Bar.  She received a law degree from Nova Southeastern University and a bachelor’s degree from the University of Miami. Throughout her career, Diaz has been recognized as an outstanding leader and since 2012 has been named a “Rising Star” by Super Lawyers, is AV Rated, and has received numerous awards and accolades including: “40 Under 40 Outstanding Lawyers of South Florida” award, Cystic Fibrosis Foundation; Winner of  2015 AXA Advisors Global Businesswomen of the Year Award; “Outstanding Committee Outreach Award,” Young Interest Network (YIN) Co-Chair, American Bar Association; International Women’s Day Honoree, World Trade Center.

Ms. Diaz is an expert in working with the many Federal agencies that regulate trade and prides herself on being proactive and results oriented on behalf of clients. She is a sought after professional speaker and writer, known for engaging her audiences and easily explaining dense subject matter.
ANNOUNCEMENT

ABOUT DIAZ TRADE LAW, P.A.

Diaz Trade Law represents global clients of every size, from individuals and small businesses to Fortune 500 companies in import and/or export compliance and enforcement mitigation services.  The firm has expertise in assisting companies […]

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