July 2006 | ||||
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International Trade Law Alert | ||
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The New China "Catch-all" Is Everything BIS Promised and More The wait and the dread are over. The Bureau of Industry and Security (BIS) finally issued its much anticipated and equally feared proposed regulations on exports to China. The PRC denounces the regulations as unseemly hiccups from the Cold War. And there is the crux. We are not sure whether the PRC is friend or foe even though it manufactures just about everything we consume. In our rush to outsource production to their cheaper workforce, no one seemed to much care that our technology was being exploited by the potent Chinese military. At a time when there is a proliferating kook in North Korea (someone whom the PRC calls friend) shooting missiles into the Sea of Japan, the margin of error for U.S. export enforcement officials has dramatically shrunk. This is not the first time the US export controls to China have been tightened. They were tightened after China's bloody Tiananmen Square crackdown. This schizophrenia pervades the proposed regulations. Whether the proposed regulations will successfully reduce the risk of proliferation and facilitate "legitimate" shipments is beyond this article's reach. We can, however, explain some of the more salient measures: If you've been shipping items to the PRC and those items are controlled for chemical, biological, nuclear, or missile technology reasons, now you need to clear the heightened hurdle of a national security policy review. The BIS does wave a carrot. You are used to screening against all the bad persons lists. In keeping with the schizophrenia theme, BIS will now create a good persons list called civilian validated end-users VEU [Didn't the BIS once promise to jettison forever the dreaded word "validated?]. If your end-user is a VEU, no export license is required for certain items. If your end-user is not a VEU, it can apply for the designation. The VEU will be open to end-users from any eligible destination country, including China. The proposed regulations would also expand the use of End-User Certificates to the PRC and would involve coordination with China's Ministry of Commerce. If you love or hate the proposed regulations, you have until November 3, 2006 to file your comments with BIS. If you are confused or concerned about these proposed regulations, GRVR will be producing a one-hour webinar to explain the new regulations in detail. See Calendar, below. GRVR Opens Offices in Paris, France To better serve its growing demand for international trade services world wide, GRVR Attorneys have opened a customs and Value Added Tax (VAT) practice group in Paris, France. GRVR Attorneys already has offices in the USA, Mexico, and Brazil. Rene Ledru will be directing the new group in Paris. Mr. Ledru is a licensed attorney (Avocat à la Cour) in Paris, France. In 1993, he received his Doctorate Level Diploma on Business and Tax Law from the University of Paris Panthéon Sorbonne and was admitted into the Bar of Paris in 1994. From 2002-2004, Mr. Ledru was the Director of the Customs and Value Added Tax (VAT) practice group for French legal arm of PricewaterhouseCoopers. From 1996-2002, he was the Manager of the Customs and Trade Practice Group for Arthur Andersen International in Paris. Mr. Ledru is fluent in English and French. Mr. Ledru’s practice areas include: VAT, Customs, and Tax Compliance, and represents clients in a various industries, including energy, environmental, agricultural, and beverage companies. Mr. Ledru will be the featured instructor for a webinar on September 21, 2006 on Doing Business with France. See below. CBP Extends C-TPAT Portal Deadline to October 1, 2006 Who says the Government doesn't respond to the public? Facing a revolt from the trade community, U.S. Customs and Border Protection (CBP) pushed back the deadline for participant companies in the Customs-Trade Partnership Against Terrorism (C-TPAT) to post security profiles on the new C-TPAT portal. The previous deadlines were August 1 and September 1, depending on the type of participant. CBP has decided to give a slight reprieve. The new deadline for all categories is October 1, 2006. There is still a lot to do in a very short time. Many companies, even those certified and validated companies, do not meet the latest C-TPAT security criteria. CBP promises to kick you out of C-TPAT if you fail to post your security profile on time or if your security profile does not meet the new security profile. CBP now has the means to easily carry out its threat now that all your C-TPAT information is automated through the C-TPAT Portal. The C-TPAT Portal creates additional requirements for participants. If you require assistance with C-TPAT, please contact GRVR Attorneys at 214.720.7720 or info@exportimportlaw.com. George Clooney Thwarts Foreign Bribery... and So Should You Syriana finally came out on DVD this summer. There are several reasons to see this epic thriller, including wonderful acting and a plot that is riveting and thick with complexity and intrigue. It's one of those rare films to serve up a bounty that is brimming both with emotional and intellectual goodies. Somehow, it manages all this without being confusing. But for the trade community, there is an added incentive to watch this movie. Syriana deals directly with the Foreign Corrupt Practices Act. We won't give away too much of the storyline, but the role of federal enforcement authorities in the practice of international trade is highlighted. If that carrot is not big enough, how about the thought of an international trade attorney going to jail for his role in the bribery of a foreign national? George Clooney is, as always, brilliant. He won an Oscar for Best Supporting Actor. But this movie is an ensemble, not a vehicle for any single ego. There are too many wonderful performances to list here, but Alexander Siddig and Matt Damon are great. You will not understand the nuts and bolts of the Foreign Corrupt Practices Act if you watch the movie, but you will gain a true sense of the possible ramifications of violating that particular law. If you would like to learn more about the Foreign Corrupt Practice Act and how to comply with it, GRVR Attorneys offers an online course. The course is available 24/7. For more information or to register, go to www.exportimportlaw.com/eili-online.html. Not Sure About Your Compliance Programs? Sign Up For A Free Mini-Audit GRVR Attorneys is again offering its popular free mini-audits. These mini-audits provide you with a snapshot of the state of your export or import compliance programs. These reviews can be done in-person or through the use of technology. If you are interested in a free mini-audit, contact Ruth Rodriguez at 214.720.3890 or ruthr@exportimportlaw.com. Can Even C-TPAT Stop Johnny Depp? Johnny Depp makes loads of money as a pirate. Pirates of the Carribbean, Dead Man's Chest is breaking box office records, but that is not surprising. Most pirates tend to make out (dare we say it?) like bandits. Modern day pirates are playing havoc with global trade shipping routes. Today's pirates are well financed and armed with more than swords. Moreover, their whole livelihoods, their raison d'être, is to disrupt the supply chain and then to plunder. Accusing someone of piracy is a two-edged cutlass. Many pirates would probably prefer to be called privateers or entrepreneurs...more adventure than venture capitalists. Mark Twain also reconciled himself to the pirates in his family line.
But perhaps Twain uses irony or satire to make a point. After all, he equates pirates with monarchs and slaver traders, two groups he loathed. Or maybe he reminds us that while we complain about it, piracy is and always will be part of international trade, as inevitable as Acts of God on the high seas. Besides boycotting the film and Edward Scissor Hands, is there any way to prevent piracy? Of course. There is the Customs-Trade Partnership Against Terrorism (C-TPAT). While C-TPAT focuses on terrorist attacks, it's security measures also help protect the supply chain from pirates. If you have intellectual property to protect, U.S. Customs laws may also be helpful. If you require assistance with C-TPAT or intellectual property protection, even if you have been accused of being a pirate yourself, please contact GRVR Attorneys at 214.720.7720 or info@exportimportlaw.com. Customs Broker Review Course Comes To Los Angeles Let's set the scene. It's only a few days until you sit for the customs broker exam. You've studied diligently online for the customs broker course, you've completed the personalized homework and taken the quizzes and tests, and you've sat in on the weekly tutorials. Having avoided cramming, you're confident, but wonder whether there is anything further you can do increase your changes of passing. Try our one-day, all day Refresher Course in Los Angeles on September 29, 2006 (Saturday). We provide the Refresher Course at no additional charge when you register for our Customs Broker Exam Preparation Course. The instructor will go over testing techniques and topics that you will likely see on the exam. Seating is limited.
Rush Limbaugh was detained by CBP enforcement officers for three hours upon returning from the Dominican Republic. CBP found a bottle of Viagra that a Doctor prescribed for someone else. All we know is that it looks like Limbaugh won't be facing any charges, but the blogosphere is ablaze with speculation and innuendo because of (1) Viagra's sex enhancing properties for aging males and (2) he was returning from the Dominican Republic, a haven for predatory sexual tourists. Fortunately, there are groups leading the fight against the practice. Here are two such groups: American Society of Travel Agents (ASTA) "is leading the travel industry in an ongoing battle against child sex tourism with its adoption of the Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism. The Society encourages its members to support government measures taken to counter the sexual exploitation of women and children, to inform colleagues of the negative consequences of "sex tourism," and to advise clients of the penalties imposed on tourists who commit such acts." World Tourism Organization - Task Force to Protect Children from Sexual Exploitation in Tourism - "is a global action platform of tourism-related key-players from the government and the tourism industry sectors, international organizations and non-governmental organizations (NGOs), and media associations whose aim is to prevent, uncover, isolate and eradicate the sexual exploitation of children in tourism. The Task Force's on-line service, the Child Prostitution and Tourism Watch, provides information on current projects and activities, partners' tourism policy documents, related facts & figures and other measures to help prevent sexual abuse of children in tourism networks."
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The Must Read Newsletter For International Trade, Import, and Export Professionals | ||||||||||||||||||||
In this edition: C-TPAT Portal Deadline Extended Johnny Depp Threatens The Supply Chain | ||||||||||||||||||||
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Shiver Me Timbers! Johnny Depp threatens the supply chain ... and Keira Knightly. | ||||||||||||||||||||
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WEBINAR: Doing Business in Mexico WEBINAR: Turning Trade Compliance Into A Profit Center WEBINAR: New Export Regulations to China WEBINAR: Doing Business in France and the E.U.
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