Gonzalez Rolon Valdespino & Rodriguez, LLC, Attorneys | June 2006 | |||
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International Trade Law Alert | ||
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In this edition: CBP to C-TPAT Participants: Use New Portal, or Else! Introducing Tom Pifer, GRVR's Newest Attorney Are the X-Men Human. The Trade Community Demands an Answer Texas Sees Spate of Export Violators Avoiding the Gasoline Blues -- Training Employees While Cutting Travel The Supreme Court and Whistleblowers - Companies Must Still Worry | ||||
CBP to C-TPAT Participants: Use New Portal, or Else!
However, the web portal is more than a reporting device. The portal creates new obligations. The first obligation is for all current C-TPAT partners to start using the web portal before a certain date: August 1, 2006 for importers and carriers and September 1, 2006 for brokers, NVOCCs/forwarders/consolidators. Miss the deadline and CBP kicks you out of C-TPAT. Second, a participant is required to check its Security Profile at least once a year and either certify to its continued accuracy or update the Security Profile as needed. Third, verified companies are actually expected to do something. Before this web portal existed, companies that survived a verification visit from CBP were pretty much home free. CBP admonished verified companies to keep up the good work, but there was no enforcement mechanism. Companies who were certified and verified early in history of C-TPAT are suddenly facing the discomfiting truth that they may no longer qualify for C-TPAT. CBP has toughened (“clarified”, CBP might insist) the security guidelines over the past couple of years. If a company has not taken the effort to comport with the heightened standards, disqualification is possible. It is clear that CBP has used a large chunk of the funds Congress appropriate to C-TPAT on the web portal. The web portal offers plenty of bells and whistles, like allowing you to communicate directly with CBP in real time. CBP also seems to have taken security seriously. The web portal uses advanced encryption technology. CBP also provides FAQ and instructions, in the form of a PowerPoint, for using the web portal. C-TPAT is all grown-up. The web portal is an impressive feat. Introducing Tom Pifer, GRVR's Newest Attorney GRVR Attorneys is giddy about its newest attorney. You should be, too. He is a wonderful writer and tireless advocate. He also has a wealth of trade experience on the business side of importing and exporting. But, why don’t we let him introduce himself: I am pleased to have this opportunity to introduce myself as the latest addition to the GRVR team. I was fortunate enough to recently receive the offer of an attorney position with GRVR and accepted eagerly. As a recent law school graduate, I am very appreciative of the opportunity to work in a firm with the degree of expertise in international trade law possessed by GRVR. It is my sincere hope that my eighteen years experience in international business transactions and four years experience as a licensed customs broker prove useful to you, GRVR’s clientele, in addressing your legal needs. While my interests in international trade law are broadly based, I have particular background in international contract negotiations, letters of credit, transportation, and C-TPAT. I look forward to contributing to the high level of professionalism and effective counsel that has become synonymous with GRVR services.-- Tom Pifer. | ||||
Ask the Attorney Question: We wish to sue a Mexican Company in the United States, but it will be difficult to serve them in the United States even though they sometimes do business here. How can we serve them in Mexico? Answer: It may be possible to sue a Mexican defendant in the United States and then have a Mexican Government Official serve them in Mexico. The U.S. and Mexico are parties to a convention (i.e., a treaty) that allows for this using a letter of rogatory. It takes careful planning to shepherd the lawsuit though the domestic court and clerk’s office, the Secretary of State (for the apostille), the U.S. Central Authority and the Mexican Central Authority. If you factor in the issue of language and the delay (it can take up to a year to serve the defendant), it is easy to see why the process is not widely utilized. Serving the defendant in this manner requires a certain level of experience and a legal presence on both sides of the border. With offices in the USA and Mexico City, GRVR Attorneys is such a firm. Call us to find out how we can help you Do Business in Mexico. | ||||
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Signaling perhaps the biggest change in the Customs-Trade Partnership Against Terrorism (C-TPAT), U.S. Customs and Border Protection (CBP) launched a web portal for all current and future C-TPAT participants (i.e., you) to keep all C-TPAT related security data and to report any changes to CBP. 
X-Men III blazed to a record-setting pace during Memorial Day weekend. A blockbuster by any measure, this movie poses a multitude of ethical questions endemic to the modern era. How do we treat those who are different from us? Is there life after death? What is the Government’s role in protecting us against “the other”? 
It should be no secret that enforcement officials have long targeted Texas companies for violating export and import laws. Through our offices in Dallas, Houston, and San Antonio, our law firm sees and services the need daily. Texas is a hotbed of industry and international trade and federal enforcement officials have beefed up their presence here. The state has seen high profile cases involving criminal misconduct. However, even through we are home to the Enron and other high profile trials, we are still surprised by the number of export penalty cases from our area. 
With gasoline prices in the stratosphere, companies are naturally cutting back on travel. The tendency is to also to cut back on compliance training.
What effects does the recent U.S. Supreme Court whisteblower opinion have on importers and exporters? 
Focused Assessments and the Importer Self-Assessment (ISA) Program - Handling Compliance Emergencies Foreign Trade Zones Webinar
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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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