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Ongoing Hoverboard Concerns

The U.S. Consumer Product Safety Commission (CPSC) and U.S. Customs and Border Protection (CBP) Address Ongoing Litigation & Seizure of one of the hottest toys, the Hoverboard.

Hoverboards, as they are commonly known, are self-balancing two-wheeled electric scooters. They are powered by controversial rechargeable batteries that have recently garnered attention for malfunctioning, causing devices to catch fire and destroy homes. The lithium-ion batteries have been known to overheat, catch fire, and explode without warning.

Several airlines have begun to prohibit transportation of the boards aboard aircraft, due to safety concerns. Amazon.com is placing safety first and offering consumers that have purchased a hoverboard from Amazon a full refund. Hoverboards are also facing additional litigation from Mark Cuban, who potentially has a patent infringement claim against Walmart for selling the devices.

According to the United States Consumer Product Safety Commission, “The federal government continues to work in close coordination on this serious issue. Officials from CPSC, U.S. Customs and Border Protection, the U.S. Department of Transportation and the Federal Aviation Administration are regularly sharing information and insights with a common goal of taking whatever steps are necessary to prevent injuries and property damage from fires and falls.” They recommend having a fire extinguisher handy and keeping the device far away from combustible materials while charging. There are not currently any safety standards in place for hoverboards, which would require proof of sound design, manufacturing, and quality control processes. This lack of regulation adds to the danger […]

By Jennifer Diaz|2016-01-27T16:57:49-05:00January 27, 2016|Best Practices, China, Import, Intellectual Property Rights, International Business, International Trade, International Travel, Pre-compliance, Seizure, U.S. Consumer Product Safety Commission (CPSC), U.S. Customs and Border Protection (CBP)|1 Comment

TOP 11 NEW Business Opportunities with Cuba as a Result of NEW OFAC and BIS Laws
Gallery
TOP 11 NEW Business Opportunities with Cuba as a Result of NEW OFAC and BIS Laws
Cuba, Export, Import, International Trade, International Travel, U.S. Bureau of Industry and Security (BIS), U.S. Office of Foreign Assets Control (OFAC)

TOP 11 NEW Business Opportunities with Cuba as a Result of NEW OFAC and BIS Laws

In December, 2014, we updated you on the president’s historic announcement in regards to doing business in Cuba, and in January we updated you on both the Office of Foreign Assets Control (“OFAC”) amendments to the Cuban Assets Controls Regulations (“CACR”) and the amendments to the Export Administration Regulations (“EAR”) administered by the United States Department of Commerce. As of September 21, 2015, both OFAC and the BIS have amended their regulations again, and below details the top 11 changes as a result of the new laws.

We’ll be discussing these new changes on October 8th, at our Export Compliance Seminar at the Miami Free Zone. Blog subscribers get to take advantage of the discount code! Email me at jdiaz@bplegal.com for it. You can RSVP here.

The new changes, which can be found hereand here, expand the scope of authorized business and travel by U.S. person and companies inside of Cuba. These changes were put into place to help facilitate engagement between the U.S. and Cuba.

By Jennifer Diaz|2022-07-07T10:52:40-04:00September 29, 2015|Cuba, Export, Import, International Trade, International Travel, U.S. Bureau of Industry and Security (BIS), U.S. Office of Foreign Assets Control (OFAC)|1 Comment

Top Impacts of Cuba Being Removed From “Terrorism List”

As you know, the President made a big announcement back in December, 2014 that the US would take historic steps to chart a new course in our diplomatic relations with Cuba. One specific action item was instructing the Secretary of State to immediately launch a review of Cuba’s designation as a State Sponsor of Terrorism, and provide a report to the President within six months regarding Cuba’s support for international terrorism.

Within four months of the President’s announcement, on April 8, 2015 (2 months early!), the Secretary of State finalized their review and recommended that Cuba no longer be designated as a State Sponsor of Terrorism. Thereafter, on April 14, the President sent Congress the statutorily required report indicating the Administration’s intent to rescind Cuba’s State Sponsor of Terrorism designation, including the certification that “Cuba has not provided any support for international terrorism during the previous six-months; and that Cuba has provided assurances that it will not support acts of international terrorism in the future.” Members of Congress, initially vowing to block the removal of Cuba from the “terrorism list” had no legal outlet to voice their opposition, and as of today, the 45-day Congressional pre-notification period has expired. As a result, the Secretary of State has officially made the final decision to rescind Cuba’s designation as a State Sponsor of Terrorism, effective today, May 29, 2015.

The Department of State issued a Press Statement today advising that:

The rescission of Cuba’s designation as a State Sponsor of Terrorism reflects our assessment […]

By Jennifer Diaz|2022-07-07T10:36:44-04:00May 29, 2015|Cuba, International Law, International Trade, International Travel, U.S. Department of State (DOS)|1 Comment

Revised Cuba Regulations Officially Released
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Revised Cuba Regulations Officially Released
Cuba, Export, Import, International Travel, U.S. Office of Foreign Assets Control (OFAC)

Revised Cuba Regulations Officially Released

Today, a final rule, opening U.S. trade with Cuba, was published in the Federal Register by the U.S. Treasury Department, Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s, Bureau of Industry and Security (BIS). Through this Federal Register notice, OFAC has amended its Cuban Assets Control Regulations and the BIS has amended the Export Administration Regulations with a “Support for the Cuban People” license exception. This final rule is effective today, with proposed rulemaking, opportunity for public participation, and delay in effective date deemed inapplicable because this regulation involves a foreign affairs function of the U.S.

Cuban cigars will not be readily available for U.S. consumers to purchase as a result of these changes.
Purchasing a Cuban cigar while in outside the U.S. or online is still prohibited by OFAC. The United States still maintains an embargo on trade with Cuba, which “prohibit any person subject to U.S. jurisdiction from dealing in any “property” in which Cuba or a Cuban national has or has had any interest”. The new changes announced today provide a revision to the regulations and will have a substantial impact on the following areas: travel, telecom, building materials and agricultural equipment, financial services, personal importations.

1. Travel

Travel to Cuba for tourist related activity is still not authorized. “Specific licenses” will not […]

By Jennifer Diaz|2015-11-30T10:30:18-05:00January 16, 2015|Cuba, Export, Import, International Travel, U.S. Office of Foreign Assets Control (OFAC)|0 Comments

International Travelers Beware – U.S. Customs WILL Seize Your Money…

International travelers often contact me with the same distraught face as the man pictured to my left, after their money is confiscated by U.S. Customs and Border Protection (CBP) as a result of not properly declaring currency on hand. Declaration Form 6059B will look familiar to all international travelers as you fill it out when entering the U.S. Many times, the rationale for seizure is that parties traveling together split their currency, and even though together they have over the $10,000 minimum, the travelers advise they are each carrying less then the $10,000 minimum requirement for reporting (in question 13 of Form 6059B), resulting in ALL of the currency on hand being seized. Recently, CBP seized $82,000 of currency, and arrested the female driver, after discovering three packages of bulk currency hidden within a vehicle as a female driver attempted to exit the U.S. and enter Mexico. During this holiday season, this post will tell you what you need to know to assure it’s NOT YOU that has their currency seized when traveling internationally!
New Rule Today, CBP issued a final rule, “to broaden the definition of “members of a family residing in one household” to more accurately reflect relationships for U.S. citizens, residents and international visitors who are traveling together as a family.” CBP confirmed “the expansion of the term will include long-term same-sex couples and other domestic relationships which would allow more returning U.S. citizens, residents and international visitors to file a joint […]

By Jennifer Diaz|2022-07-08T16:16:39-04:00December 26, 2013|Currency Seizure, International Travel, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

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