Gonzalez Rolon Valdespino & Rodriguez, LLC, Attorneys |
April 2006 |
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International Trade Law Alert |
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In this edition: |
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You wouldn't believe who violated US export/import laws
Supply Chain Experts Violate Anti-Bribery Statute - UPS Supply Chain Solutions has informed the Securities and Exchange Commission and the U.S. Department of Justice that it apparently violated the Foreign Corrupt Practices Act. Not only is FCPA compliance set out in UPS’ Code of Business Conduct, but UPS Supply Chain Solutions touts its ability to help companies comply with our nation’s trade laws. Physician heal thyself, indeed! US v. Stephenson, 895 F.2d 867 (2nd Cir. 1990) - The violator here is an export licensing officer with the US Department of Commerce. Apparently having a hard time living on his government salary, he decided to squeeze license applicants for some hefty grease payments as a condition of approving their licenses. The licensing officer was sentenced to a long prison term. Document Control Executive Loses Control - In June 2006, Robert Johnson, a former publisher for Newsday and a member of the New York Board of Regents, was charged with possession of child pornography. Mr. Johnson used a computer program to erase evidence of his crimes from his office computer, which caused enforcement officials to also charge him with obstruction of justice. Mr. Johnson at the time was CEO of Bowne & Company, which according to the company’s website, is “The world’s largest financial printer and leading EDGAR filer, specializing in the creation, management, translation and distribution of regulatory and compliance documents.” The obstruction of justice statute that Johnson is accused of violating is part of the Sarbanes-Oxley legislation. Maybe Mr. Johnson somehow didn’t get the memo. Law Enforcement CEO Reaps What He Sows - If you are a CEO of a company that sells products to help law enforcement officials do their job, you might want to take particular care to toe the compliance line. John Carrington, a 71 year-old state senator from North Carolina and the CEO of Sirchie Finger Print Laboratories, pleaded guilty to illegally shipping law enforcement equipment to China. Attorney’s Cuban Cigar Scheme Goes Up In Smoke Thanks To Ex-wife - “Vengeance is a dish best served cold,” was uttered in a Star Trek movie, but it also captures the sentiment of the ex-wife of Richard Connors, a Chicago attorney. The ex-wife discovered that Mr. Connors was illegally importing Cuban Cigars into the U.S., so she faked a reconciliation with Mr. Connors (even spent whole weekends at his place) even as she turned him in to US Customs and Border Protection, which proceeded to tail him for three years. The issue before the federal circuit court was whether the ex-wife deposited incriminating documents into the trash at the FBI’s direction and for the FBI to find. Unfortunately for the defendant, the court did not buy the argument, punctuating it’s decision with “ When a friend is false, blame the friend, not the government.” |
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The Export Administration Regulations talk about “using” a license exception. Except in one or two very limited situations (e.g., agricultural commodities to Cuba under license exception AGR, 15 CFR 740.18), this does not mean that you must file an application for license exception. Instead, exporters are required to exercise care in making sure that they qualify for the license exception, that they create a paper trail of same, and report the three letter exception on the Shipper’s Export Declaration. |
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Everyone knows that our international trade law regularly trip up novices. Fewer people realize that the laws are sufficiently daunting to also trap plenty of companies with sophisticated procedures, well-funded departments, and years of experience exporting and importing. These violators are the focus of this article--the people who should have known better. Start Studying Now for the Customs Broker Exam
Our online course provides you with all the information and tools you need to pass the exam. It allows you to gauge your progress and to bone up on weak areas through quizzes. It is the only broker course that comes with a guarantee. It also teaches you what not to study (so many people waste time studying irrelevant material). It is a system honed over years to maximize your chances of passing. Some people who sat for the April 2006 exam expressed surprise by the inclusion of antidumping and other questions. No one who followed our study course can make that claim. But it does require some discipline on the student’s part. Most people taking the exam are somewhere in the middle of careers, or may be seeking a resume enhancement. Typically, they are not used to the rigors of serious study. Preparing for the broker exam is like training for a marathon; it requires concerted effort over a period time. Our suggestion is to start now and pace yourself. You’ll breathe easier later. To sign up, call 214.720.7720, email info@exportimportlaw.com, or register at www.exportimportlaw.com. |
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Yes, we know that the customs broker exam is months away, but the biggest mistake people sitting for the exam make is that they cram. The customs broker exam can be easy....if you take the correct study course (ours) and if you allow yourself adequate time to study. |
An overlooked but necessary step to internal investigations
The company must clearly explain the context of the interview, including that the attorney that is asking questions represents the company and not employees, and that any attorney-client privilege belongs solely to the company and not the employees. If the company fails to give a proper Upjohn Warning, the company might lose all protections under the attorney-client privilege should the Government initiates its own investigation of the company. In addition, the attorney representing the company might face disciplinary actions for providing legal advice to non-clients. If you would like help preparing an Upjohn Warning, please contact GRVR Attorneys. |
DFW International International Week
Fortunately, there are groups like DFW International. According to the website: “International Community Alliance is ... a network of over 1,600 internationally-focused civic, community and educational organizations in the Dallas / Fort Worth metroplex that embodies the cultural and economic vibrancy of the global community. Our Mission is to promote and link North Texas ethnic and New American groups, empowering them as respected members of the community and providing forums through which to share their cultural heritages.” To find out more, go to: www.dfwinternational.org |
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Get the Importer Self-Assessment Program (ISA) Powerpoint that Joseph Mr. Rees, ISA Director, delivered to the Export Import Compliance Seminar on April 6. Call 214.720.7720 or email: info@exportimportlaw.com |
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“You have the right to remain silent, blah, blah.” You’ve heard cops recite it countless times on TV when arresting someone. It’s called the Miranda Warning. Did you know that your company should be giving a similar warning to your employees when the company’s legal counsel is interviewing them during an internal investigation? It’s called the Upjohn Warning.
It is hard to believe, but there are so many international trade groups that shun international culture. They start looking like mini-clones of chambers of commerce and get caught up in shipping terms, logistics concerns, and regulatory compliance -- all which are vital but which miss out on the most important aspect of international trade -- people.|
Monday, May 15, 2006, 12 noon - 1 pm Forti’s Restaurant, 321 Chelsea Street El Paso, TX 79905 Registration - Free, but seating limited. Call 214.720.7720 or email info@exportimportlaw.com. Only people receiving a confirming email will be allowed to participate. C-TPAT Best Practices - Webinar Wednesday, May 17, 10:30 -11:30 am, Central Time. US CBP has just issued the C-TPAT Best Practices Catalog. Want to find out how to achieve Level 3 certification? Registration and Cost: $50 per connection. This course is completely online. You will listen to the instructor on your phone and follow the slide presentation on your computer using your Internet browser. Register online at www.exportimportlaw.com.
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Basics to Importing and Customs
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Physical Address:
Mailing Address:
Phone: 214.720.7720 Email: info@exportimportlaw.com Disclaimer You will not find any legal advice anywhere in this newsletter, on our website, or in any course or public lesson we offer. If you would like legal advice, you need to ask your attorney. GRVR Attorneys provide legal advice only to existing clients in a confidential and private setting, not in public (i.e., not in a newsletter). If you are looking to hire an international trade attorney, we would love to hear from you. The GRVR Attorney responsible for the contents of this newsletter is Oscar Gonzalez. He can be reached at 214.720.7720 or info@exportimportlaw.com.
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