On May 22, 2024, the United States Trade Representative (“USTR”) announced the publication of a Federal Register Notice (“the FRN”) setting forth additional and increased Section 301 tariffs for specific Harmonized Tariff...more
The U.S. agencies most well-known for their enforcement of U.S. trade and national security laws are the Bureau of Industry and Security (“BIS”), the Directorate of Defense Trade Controls (“DDTC”), the Office of Foreign...more
On February 7, the U.S. Department of Justice (DOJ) announced that settlements and judgements under the False Claims Act (FCA) exceeded $2 billion for the 2022 fiscal year. The 2022 fiscal year also had the second-highest...more
2/1/2024
/ Antitrust Violations ,
Compliance ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Exploitation ,
Export Administration Regulations (EAR) ,
Exports ,
False Claims Act (FCA) ,
Fraud ,
Imports ,
Investigations ,
ITAR ,
National Security ,
Sanctions ,
Settlement ,
Tariffs ,
Trade Relations ,
White Collar Crimes
Ensuring compliance with U.S. export controls, import regulations, and economic sanctions is common practice for companies that engage in international trade. These companies often have internal compliance policies and due...more
U.S. Customs and Border Protection (“CBP” or “Customs”) is the U.S. agency tasked with addressing import compliance risks and evaluating internal compliance controls implemented by importing companies. Pursuant to 19 U.S.C. §...more
Many importers have experienced at one time or another that horrible, stomach-turning feeling that comes with the realization that merchandise they have been importing has been entered under the wrong HTS code, with the...more
In 2022, Customs and Border Protection (“CBP” or “Customs”) processed $3.35 trillion in imports, issued 2,121 penalties, and collected $19.3 million from penalties and liquidated damages. Section 1592 of the Tariff Act of...more
Many importers will discover at some point that products they import may be subject to anti-dumping duties (“ADD”) or countervailing duties (“CVD”). With Washington’s continued aggressive approach toward unfair trade...more
On February 7, 2023, the U.S. Department of Justice (“DOJ”) announced that settlements and judgements under the False Claims Act (“FCA”) exceeded $2 billion for the 2022 fiscal year. The 2022 fiscal year also had the...more
This week’s episode looks at the U.S. government’s enforcement of laws that combat forced labor in supply chains, including the newly passed Uyghur Forced Labor Prevention Act, as well as the impact of forced labor compliance...more
Today, June 21, the Uyghur Forced Labor Prevention Act (“UFLPA”) comes into effect. It is the latest – and perhaps strongest – tool in the belt of U.S. regulatory and enforcement agencies to combat forced labor....more
6/21/2022
/ Biden Administration ,
China ,
Customs and Border Protection ,
Due Diligence ,
Forced Labor ,
Goods or Services ,
Human Rights ,
Importers ,
Imports ,
New Regulations ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
On May 23, 2022, President Joe Biden, when asked whether the United States would get involved militarily if China invaded Taiwan, answered firmly, “Yes. That’s the commitment we made.” As the world watches the war in Ukraine,...more
6/1/2022
/ Biden Administration ,
China ,
Economic Sanctions ,
Export Controls ,
Foreign Policy ,
Foreign Relations ,
Imports ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Taiwan ,
Uyghur Forced Labor Prevention Act (UFLPA)
Civil and criminal penalties levied against U.S. companies for trade violations are just the beginning of the potential unforeseen costs of doing business in the global marketplace. What cannot be quantified are the countless...more
1/26/2022
/ Bureau of Industry and Security (BIS) ,
Corruption ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
Foreign Relations ,
Imports ,
ITAR ,
Office of Foreign Assets Control (OFAC) ,
Sanction Violations ,
Securities and Exchange Commission (SEC) ,
Trade Relations ,
US Trade Policies ,
White Collar Crimes
View PDF Version of Article In recent years, the U.S. Government (“USG”) has taken numerous actions to target forced labor and other human rights violations, with a significant increase in 2020 and early 2021. These include...more
10/27/2021
/ Bureau of Industry and Security (BIS) ,
Corporate Social Responsibility ,
Customs and Border Protection ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Federal Acquisition Regulations (FAR) ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Supply Chain ,
Withhold Release Orders (WROs)