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With the election hype mostly over, the President-Elect is moving to build his cabinet. This recent election cycle showed the world that there are great disagreements about how the United States should engage in international trade. President Elect Trump’s message often conveyed a more protectionist position for businesses engaged in international trade. But what is the real expected position and where will the new leadership lead the United States with regards to trade?
The bottom line right now is that there is very little concrete confirmed vision regarding trade policy. We do know that there will be very little change within Congress since existing members of key committees will likely continue to support expanded trade. Here are a few points on key programs and what we know, or don’t know:
The new administration is signaling the intention to pursue more bi-lateral agreements instead of multi-lateral as in the past.
JAS USA Inc. Compliance Team continues to be involved locally and nationally. We are keeping our eye on the landscape and always working to ensure we are able to inform and assist to take action and protect our client’s trade interests through informed compliance. Questions? Contact us today!
International Traffic in Arms Regulations, or ITAR is an important section of regulations under Title 22 of the Code of Federal Regulations. ITAR regulations focus on the import and export controls for products and services which are defense related. These regulations are yet another layer of our nations network dedicated to the protection of US national security and foreign policy.
Typically, products and services subject to ITAR regulations are military products and services. However, the line between military products and services and commercial products and services has blurred. This is true because of the endless list of technologies that began as military and were incorporated into our everyday commercial usage products. This graying of the lines can make it more difficult to determine applicability. Items appearing on the USML (U.S. Munitions List) will be subject to ITAR regulations. Defense services will be subject to ITAR regulations. Some technical data and software will be subject to ITAR regulations.
When products, services and technical data are subject to ITAR regulations, it is imperative to realize that these items CANNOT be exported in the conventional sense. Exporters of items subject to ITAR regulations must first register with the U.S. Department of State. Additionally, an export license MUST be obtained for any items appearing on the USML.
Note that failure to be in compliance with ITAR regulations can be catastrophic to companies. The nature of these violations leads to rather extreme penalties at the disposal of the enforcement community. Criminal violations can lead to 10 years imprisonment and up to $1,000,000.00 per violation. Because of this, it is extremely important for US companies to understand whether their products, services and technical data/software is subject to ITAR regulations.
JAS USA Compliance Team is well versed in ITAR regulations. Our experience in supporting our own internal vertical JAS GLS (Government Logistics Services) has allowed us to be on the cutting edge of this niche market sector. Need help? Contact us today!
2016 has brought many changes to the trade community with mandatory dates for ACE and numerous PGAs (Partner Government Agencies) integration. CBP published in January of 2016 the revised AESTIR (Automated Export System Trade Interface Requirements). The AESTIR publication defined the requirements from PGAs with regards to AES transmissions. JAS Forwarding USA, Inc. already has the ability to capture and report all the new required data elements electronically.
The PGA’s which require additional PGA data elements are:
As of September 20, 2016 only the National Marine Fisheries Services (NMFS) is mandatory. Additional agencies are expected to announce mandatory dates into 2017. JAS Forwarding USA Inc. Compliance is working on filing any export filings which require PGA data elements. Contact us today!
The United States is terminating the national emergency with respect to Burma and has revoked the Burma sanctions. Financial sanctions and statutory blocking on Burma has also been waived. As a result, the economic and financial sanctions that were administered by OFAC (Office of Foreign Assets Control) are no longer in effect.
The Bureau of Industry and Security has issued a final rule that permits electronic submission as an additional method available to U.S. persons for reporting requests. Previously, these reports had to be completed as a single transaction form (BIS 621-P) or multiple transaction (BIS 6051-P) and submitted by mail.
U. S. Customs and Border Protection specialist at George Bush International Airport seized 30 birds' nests from a passenger’s luggage. The items that were seized, were prohibited from entering the U.S. as they can carry Newcastle Disease or the H5N1 virus. The passenger was assessed a penalty for failure to declare prohibited agriculture products and the birds’ nests were seized.
Did you know that per 15 CFR 758.6, a destination control statement is required on the invoice, bill(s) of lading or other export control documents accompanying shipments from US origin? These regulations have been revised and the requirement will change. The new changes to 15 CFR 758.6 will be effective on November 15, 2016. "This final rule revises the destination control statement in 758.6 of the Export Administration Regulations (EAR) to harmonize the statement required for the export of items subject to the EAR with the destination control statement in 22 CFR 123.9(b)(1) of the International Traffic in Arms Regulations (ITAR)," stated a document by the Federal Register.
Turkey Day is approaching!
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Happy Thanksgiving to you and your families!
2016 East Coast Trade Symposium
Date: December 1-2, 2016
Location: Arlington, VA
U.S. Customs and Border Protection is proud to announce that the 2016 East Coast Trade Symposium will be held on December 1-2, at the Hyatt Regency Crystal City in, Arlington, Virginia. This year’s theme is “Trade’s Impact on American Health, Safety, and Economic Prosperity.” Registration is now open!!!
Complying with U.S. Export Controls
Date: December 7 – December 8, 2016
Location: Austin, TX
The two-day program is led by BIS's professional counselling staff and provides an in-depth examination of the Export Administration Regulations (EAR). The program will cover the information exporters need to know to comply with U.S. export control requirements on commercial goods.