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On Oct 18th, TSA joined forces with Atlanta International Forwarders & Brokers Association (AIFBA) to put together a much needed “Aviation Air Cargo Industry” Day in Morrow GA. The line-up of speakers included officials from CBP, TSA, FAA, BIS and more. This sold-out event included attendees ranging from Forwarders, Brokers, Truckers, Airlines, Screening Facilities, Canine companies and more. With over 30 GOV officials in the room, attendees were able to easily connect and get much needed answers to numerous industry concerns regarding today’s air cargo sector. As a first-time event, it was a huge success and will likely become an annual affair. As a sponsor, JAS Forwarding’s Sommer Sampson (TSA Program Manager/IACSC) spearheaded this event along with ATL Brokers Association, Local ATL TSA, and various other sponsors.
From September 18th-20th, Laurie Arnold, VP Compliance and Leah Ellis, Compliance Operations Manager, attended NCBFAA’s annual Government Affairs Conference (GAC) in Washington, DC. There they met with several Congressional members to discuss international trade industry issues. They also worked on the Seafood Import Monitoring Program bill (SIMP), the Customs Business Fairness Act and the new Customs Modernization Update. Laurie and Leah also received awards for their hard work and dedication for their past year’s efforts as the legislative and PAC committee chairs.
Over the past few months, Sommer Sampson (TSA IACSC) & Margaret Christian (TSA A-IACSC) have been traveling to help implement additional screening facilities to new and current JAS locations.
Air cargo screening demands continue to be on the rise since the ICAO 100% Screening Mandate of all outbound Air Cargo in 2021. To enhance customer demands, JAS TSA Compliance successfully rolled out 3 new Certified Cargo Screening Facilities (CCSF’s), with 2 more additional openings being planned for the near future. These new facilities (located in Houston, Chicago, and Los Angeles) will add flexibility and increased options for our customers during the ever-increasing challenges that the industry continues to navigate. JAS longtime partner, Global K9 Protection Group (GK9PG) helps to make this happen by using canine as the primary screening method. JAS is also one of the few Indirect Air Carriers (IACs) approved to accept and handle Impracticable to Screen (ITS) cargo, giving us even more flexibility in our offerings to customers.
While heightened screening demands continue to challenge the industry, JAS is confident and ready due to our (now) 8 CCSF locations, multiple methods of screening, and years of experience in the Certified Cargo Screening Program (CCSP). If you would like to learn more please contact compliance@jas.com
Recently, Laurie Arnold, JAS VP Compliance and the Treasurer for NCBFAA, attended the 8th annual NEI Global Trade Educational Conference (GTEC). The event took place at the historic InterContinential Chicago Magnificent Mile hotel, hosted by the NCBFAA Educational Institute (NEI). Laurie attended presentations on many different subjects, including forced labor, 301 tariffs, CBP updates, binding rulings, and trade remedies. The event had many networking opportunities to connect with other members in the industry. The NEI offers multiple learning and educational opportunities. If you would like to learn more about these types of events, you can subscribe to NEI news and updates from the NCBFAA site.
Last month, Laurie Arnold, VP Compliance, and Leah Ellis, Compliance Operations Manager, went on a trip to Laredo, TX to visit our LRD branch. They spent part of their week in the Laredo office, discussing compliance topics and JAS policies on statements, training, auditing, and duty payments with branch Customs Broker Gustavo Aldrete and the import team.
On July 12th, Laurie and Leah braved the record-breaking high temperatures to visit the World Trade International bridge that spans Laredo, TX and Nuevo Laredo, Tamaulipas on the Northern Mexican border. Here they developed a better understanding of the border crossing process and got to watch the cargo trucks as they brought their shipments into and out of the country.
Towards the end of their trip, they celebrated Branch Manager Antonio Pastrana’s birthday and enjoyed some cake with the Laredo team.
Our very own Laurie Arnold, Vice President Compliance for JAS Forwarding USA Inc. was a guest speaker at the National Customs Brokers & Freight Forwarders Association of America, Government Affairs Conference in Washington DC on Sept 21. She spoke on the Customs Business Fairness Act HR 4816 bill that she as the NCBFAA Legislative Committee Chair has been championing to become permanent. This bill would protect Customs Brokers from having to reach into their pocket and pay customs duties to the court for redistribution due to the 90-day claw back bankruptcy law. The customs broker would have collected that customs duty from the importer and already paid it to US Customs. If the importer files bankruptcy the broker must pay that money back if in the 90-day period but US Customs would keep the funds already paid.
Laurie Arnold and Leah Ellis of Corporate Compliance at JAS Forwarding attended the NCBFAA annual conference and provided their committee reports at the annual meeting. The NCBFAA conference is an annual event that brings together more than 600 international trade representatives from across the United States to discuss trade affairs.
Congress has included the Customs Business Fairness Act on Dec. 21 as part of the latest coronavirus relief package that changes the way U.S. bankruptcy law is applied to customs brokers when importers become insolvent. Under the current law, a customs broker may be ordered by the bankruptcy trustee to give back the duty paid to it by the insolvent importer during the past 90 days. It does not matter to the bankruptcy trustee whether that money has already been paid to Customs and Border Protection (CBP) to cover import duties.
The provisions amend various sections of the Bankruptcy Code on a temporary basis to provide additional relief to customs brokerage businesses directly impacted by COVID-19 pandemic.
Laurie Arnold, Regulatory Officer of JAS Forwarding USA Corporate Compliance, along with Whitmer and Worrall, led the NCBFAA's latest lobbying effort to include the bankruptcy bill in the latest COVID-19 relief legislation. Congratulations Laurie and everyone that helped to make this happen!
Acts of kindness are contagious!! After seeing a similar initiative to feed truckers in Atlanta the broker’s association in Virginia decided to follow through with a similar initiative! CBIFFA (organization Customs Brokerage and International Freight Forwarding of Virginia) led by JAS Compliance USA Team Member Tiffany Coffey provided 100 free lunch boxes, water, and snacks to truck drivers. It was their way of saying thank you to drivers for being on the front-line servicing logistics needs in the middle of a pandemic! Way to go Tiffany and the CBIFFA team in Virginia!
The United States-Mexico-Canada Agreement (USMCA) is the trade agreement that is scheduled to replace NAFTA and enter into force effective July 1, 2020. JAS USA Compliance held a webinar to discuss an overview of the trade agreement and provided resources and helpful information regarding the implementation of the agreement. To listen to the audio of the webinar and access the certification template form, please visit our website by clicking HERE!
In March 2019, JAS Forwarding Miami Branch was very pleased to have MSA Security on site for a live demo of their canine screening process. The 3PK9 Security Program allows airlines and freight forwarders to utilize private sector canine teams as a primary screening method. Essentially, reducing time and cost compared to other screening procedures.
Laurie Arnold presented to the Atlanta International Forwarders and Brokers Association (AIFBA) a legislative update on the HR2261 Bankruptcy Bill, the section 301 tariff and an update on the USMCA that will replace NAFTA. Laurie is actively engaged in local organizations is committed to working with National Customs Brokers and Freight Forwarding Association (NCBFAA) diligently to get Bill HR2261 passed into law.
JAS USA Compliance Members visit Savannah Port
Laurie Arnold (Regulatory Compliance Officer) and Leah Ellis (Corporate Compliance Specialist) of JAS USA Compliance attended a port tour at the Savannah Port with other leaders of the NCBFAA. They were able to get an up-close and personal view of vessel operations and learned about the new and exciting plans for the port’s rail and vessel operations!
Laurie Arnold, Regulatory Compliance Officer of JAS Forwarding and Legislative Committee Chair for NCBFAA, attended a meeting organized by NCBFAA at Senator Lindsay Graham’s office in Washington DC. The meeting was to discuss the bankruptcy bill (HR2261 currently in the house with 25 Congressional co-sponsors) and to try to get the Senate version underway. She is diligently working with industry professionals on the bill in an attempt to get it passed into law.
Laurie Arnold of JAS Worldwide, Legislative Committee Chair for NCBFAA, attended a meeting organized by NCBFAA with US Customs Deputy Commissioner Robert Perez and many other CBP Commissioners to discuss various topics related to our industry. Topics included de minimis entry type 86, power of attorney vetting, the recent customs broker exam and the need for collaboration and direct communication between the forwarding, brokerage community and US Customs. This is one way that JAS is keeping the clients’ interest in front of US Customs and any potential changes that may impact the industry!
On August 22nd, JAS USA Compliance held a seminar for importers with the emphasis on “Adapting Compliance Solutions in the Evolution of Constant Change.” Relevant topics were discussed such as duty drawback, tariff engineering, incoterms, trade agreements, antidumping/countervailing and more!
Contact your JAS Compliance Team for more information!
On March 27th, JAS USA Compliance conducted or first FREE webinar open to current and potential JAS Import Clients. During this session, we discussed Section 232 & 301 tariffs and how it affects customs bonds, tariff exclusions and more! Please find the link below to review all of the questions and answers that were discussed in the webinar session. More webinars to come throughout the year!
Recently, our very own Compliance Officer Laurie Arnold was “flying” high, as her and Compliance Specialist Scott Cassell did an onsite audit for a company with airplanes.
Did you know that JAS Corporate Compliance offers internal auditing and other value added services?
We offer the following services for clients that include but not limited to:
For more information on any of these services, please contact your local JAS Representative today!
As of Monday March 20, 2018 JAS Forwarding (USA) is now assisting CBP and TSA on its initiative to provide enhanced security for air cargo coming into the United States. The Air Cargo Advanced Screening (ACAS) initiative was created by U.S. Customs and Border Protection (CBP) to gather data concerning the parties and commodities involved in air cargo prior to its loading on an aircraft at a foreign port. The initiative is currently in the pilot phase allowing CBP to collaborate with the air cargo industry to determine the most effective means of achieving the desired regulatory results without affecting the speed of air cargo operations.
Effective December 2017, the JAS Charleston branch has been approved by U.S. Customs and Border Protection (CBP) as a Foreign Trade Zone (FTZ)! This is the first FTZ within JAS! Foreign Trade Zones are secure areas under Customs and Border Protection supervision that are generally considered outside of CBP territory upon activation. Foreign and domestic merchandise may be moved into the zones for operation, not otherwise prohibited by law including storage, exhibition, assembly, manufacturing and processing. Under zone procedures, the usual formal CBP entry procedures and payments of duties are not required on the foreign merchandise unless and until it enters CBP territory for domestic consumption. For more information on the JAS FTZ, please contact your local JAS Representative!
The Bureau of Industry and Security annual Update Export Control Policy Conference gives the exporting community the opportunity to learn first-hand from senior U.S. Government officials about current issues and trends in export control policies, regulations and practices. This major outreach activity draws business and government representatives from around the world to exchange ideas about export control issues. It provides attendees with the opportunity to interact with U.S. Government officials about programs and services offered by U.S. Government and industry exhibitors. It is one of the Department of Commerce’s most notable international trade events. In attendance from JAS Forwarding were Laurie Arnold (Regulatory Compliance Officer) and Tiffany Coffey (Corporate Compliance Specialist).
CLUE #1
The JAS USA Compliance team will be attending the NAFTZ Conference next week in San Diego, CA- USA
Here is the first clue - the Foreign Trade Zone pending activation is on the opposite coast from the NAFTZ Conference. Activation appears to be very close.
Stay tuned for more information.
Questions? Contact us today!
JAS Corporate Compliance staff conducts internal compliance audits at each of our branches annually. The purpose of the audit is designed to monitor and evaluate our internal control environment as to its adequacy, efficiency and effectiveness as it relates to customs compliance.
JAS Corporate Compliance also offers value added services for clients such as:
For more information on any of these services, please contact your local JAS Representative today!
In Washington D.C. at the National Customs Broker & Forwarders Association of America (NCBFAA) Government Affairs Conference (GAC), representatives of the association and government legislators sat down to discuss issues that matter to international trade. Some of the issues that were discussed are:
The GAC is a conference held annually. In attendance from JAS Forwarding USA were Scott Cassell and Leah Ellis from corporate compliance.
In early August, JAS employees’ from across the country traveled to JAS Headquarters in Atlanta, GA to attend an export conference. For two days, the conference provided hands on training and presentations on various export topics including red flags, restricted countries, routed transactions, dangerous goods and many more! The conference was a success and the knowledge gained was valuable information for all of the attendee’s!
Recently, the US has been experiencing a shortage of solar energy modules, and energy producers have not been able to keep up with demand for clean energy alternatives. On June 6th, the current administration declared “an emergency to exist with respect to the threats to the availability of sufficient electricity generation capacity to meet expected customer demand.” This emergency declaration allows for solar panels originating from Cambodia, Malaysia, Thailand, and Vietnam to be imported to the US duty-free for the next 24 months, at the discretion of the Secretaries of Commerce, Treasury, and Homeland Security.
CBP has released the UFLPA Operation Guidance for Importers. This document details the enforcement of the Uyghur Forced Labor Prevention Act and has operational guidance and best practices for importers to comply with the act, which went into effect on June 21, 2022. The guidance has step-by-step instructions on how to submit a request for exception to the rebuttable presumption, which prohibits importation of any “goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions.” The guidance also includes an extensive list of resources for importers to use when doing their due diligence and maintaining the security of their supply chain, which CBP recommends all importers do as this act takes effect.
On June 16th, the current administration signed the Ocean Shipping Reform Act of 2022 (OSRA) into law. This act will provide additional powers to the Federal Maritime Commission (FMC) which will help combat rising freight costs, enhance oversight on international ocean carriers, and prohibit carriers from unreasonably denying US exports. The Act will allow the FMC to conduct investigations into ocean carriers and apply enforcement measures based on their findings. The Act also changes some rules on demurrage and detention charges, passing the burden of proof from the invoiced party to ocean carriers to verify the demurrage and detention charges, and ensuring that these charges meet federal regulations.
The EPA has updated the 3540-1 Notice of Arrival of Pesticides and Devices (NOA) form. This type of form is generally only used for entries that cannot be done through ACE. The new form clarifies some of the requested data elements and has improved instructions for filling out the form. CBP will continue to accept the old form until July 30th, 2022. After the grace period, all importers should be using the new form when filing entries.
On August 1st and 2nd, 2022, the NCBFAA National Educational Institute will host the annual Global Trade Educational Conference (G-TEC) in Chicago. The conference is open to all importers and exporters, and will have sessions on many different topics featuring subject matter experts and prominent leaders in the industry. Topics include CTPAT, Binding rulings, export sanctions, trade remedies, forced labor prevention, tips on managing remote work, and many more. This event is a great opportunity for importers and exporters to learn more about compliance and improve the effectiveness of their due diligence. and provide due diligence. NCBFAA members that register will have access to member pricing and earn 14 CCS/CES credits. This event is also a great opportunity to network with others in the global trade industry.
Independence Day is July 4th and many Americans spent this long weekend celebrating with a BANG! Fireworks have become an integral part of celebrating major holidays in America. Here are some fun facts about fireworks:
Happy 4th of July! Please make sure to be safe when using fireworks!
CBP recently expanded their Antidumping/Countervailing Duties & Trade remedies web page. This site has links with the latest information on trade remedies for Sections 201, 232 and 301, AD/CVD information, FAQ’s, Informed Compliance Publications, guides on different trade policies, and a searchable public message system. This site will be an incredibly helpful tool for importers looking to get their products through customs efficiently and avoid delays.
On May 9th, the Department of Commerce announced that the Section 232 Tariffs on Ukrainian steel will be lifted for one year. This follows similar tariff suspensions on Ukraine-originating goods by other allied countries around the world. Ukraine’s steel industry is one of the most important parts of their economy and employs a significant portion of the country. This suspension will provide relief to this industry, allowing for additional export opportunities as their steel mills begin production again.
The US Commerce Department will require aluminum licensing applications to note “country of largest smelt” and “country of second largest smelt” starting June 29, 2022. This means that importers bringing in aluminum products will need to identify on their applications the country in which the largest and second largest volumes of new aluminum are being produced. There was a one year grace period allowed for importers to use “Unknown” in these fields as they collected the information they would need to meet the requirement. This grace period will expire June 28th, and moving forward, all aluminum import license applications will require these fields to be filled for the aluminum licensing application to be considered.
The FDA recently released updated guidance on Foreign Supplier Verification Programs for Food Importers (FSVP), requiring that every entry line of food being imported to the US has a unique facility identifier (UFI). Earlier guidance allowed for using “UNK” (unknown) in place of the DUNS number in the UFI field, as this was a new requirement and importers would need time to gather the necessary information. As of July 24th, 2022, the FDA will no longer allow the use of “UNK” in the UFI field. All foods subject to FSVP must have the corresponding DUNS number in the UFI field of each entry. Moving forward, CBP will reject any entry line for foods subject to FSVP if there is no DUNS provided.
Last month, CBP announced that they would be sending Known Importer Letters to importers that imported goods that may be subject to the Uyghur Forced Labor Prevention Act (UFLPA). Since then, approximately 400 letters have been sent to importers across the US. There are two versions of this letter, one for importers that are part of the Customs Trade Partnership Against Terrorism (CTPAT), and one for those who are not. The CTPAT letters have additional language noting that the importer may be removed from the CTPAT program if they are in violation of UFLPA. CBP is urging all importers to thoroughly review their supply chains before implementation of UFLPA on June 21st.
Summer starts on June 21st, and experts say we are in for a hot one this year! Meteorologists are predicting above-average temperatures across the US, particularly in the North and Midwest. Here are some tips to keep you and your family cool as we enter the sunniest season of the year:
Laurie Arnold Vice President Compliance for JAS Forwarding (USA) Inc. was elected as the Treasurer to the National Customs Brokers & Freight Forwarders Association of America (NCBFAA) at the 49th Annual NCBFAA conference in Tucson AZ on May 2nd. The NCBFAA is a national membership headquartered in Washington DC that represents more than 1,000 member companies with over 110,000 employees in international trade-the nation’s leading freight forwarders, customs brokers, ocean transportation intermediaries, NVOCC’s and air cargo agents, serving more than 250,000 importers and exporters. The NCBFAA established in 1897, is the effective national voice of the industry. The association keeps a close eye over legislative and regulatory issues affecting the international trade community.
Laurie has served the last 3 years as the Legislative Committee Chair for the NCBFAA, working with the congressional offices on a variety of issues, including the America Competes Act currently in congress. The America Competes Act (HR4521) covers multiple areas including the Illegal Fishing & Forced Labor Prevention Act (SIMP) and Import Security & Fairness Act. Working on The Customs Business Fairness Act (CBFA) HR4816 by far is where her passion shows. She was instrumental in having the language from this bill included in the Cares Act of 2020. The provision provided customs brokers a year reprieve of being required to return any customs duty received from the importer and provided to US Customs as a pass through if the importer filed bankruptcy. While the provision did expire at the end of 2021, she has remained committed to making the CBFA permanent. Laurie is looking forward to serving in her new role as the Treasurer for the NCBFAA.
CBP has announced that they will be sending “Known Importer Letters” to all importers known to have imported goods that may be subject to the Uyghur Forced Labor Prevention Act (UFLPA). These letters are being sent to encourage importers to review their supply chain and identify any potential forced labor issues within. The UFLPA “establishes a rebuttable presumption that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China” will not be allowed into the United States. CBP will be sending the Known Importer Letters before the rebuttable presumption goes into effect on June 21st. CBP is also encouraging importers to review their supply chain even if they do not receive a Known Importer Letter.
On April 1st, the Court of International Trade issued an opinion stating that the USTR acted within its rights when implementing lists 3 and 4A of the Section 301 Tariffs. The plaintiffs in the case suggested that lists 3 and 4A violated the Trade Act and should be removed because these tariff lists were in retaliation to new Chinese tariffs on US goods, and not based in the original USTR Section 301 report.
They also suggested that the lists were unlawful because USTR did not start a new Section 301 investigation before implementation. The CIT found that the new lists were not in violation of the 1974 Trade act as alleged, but they found that the USTR did not follow the Administrative Procedure Act because they did not properly respond to the public comments on lists 3 and 4A. The case has been remanded to the Office of the USTR, allowing an opportunity for them to explain the reasoning behind the implementation of these lists. The USTR has been given until June 30th to provide this information.
CBP has released their monthly statistics for March. See the trade highlights below:
The report includes statistics on international travel, border enforcement, drug seizures, agricultural seizures, and CBP’s response to COVID 19. The report also includes links to previous reports and year-over-year comparisons.
Ahead of the upcoming guidance on the Uyghur Forced Labor Prevention Act (UFLPA), it is strongly recommended that all importers review their supply chain to ensure that their goods are not being made with forced labor. CBP has a FAQ section for the Xinjiang Uyghur Autonomous Region that covers Withhold Release Orders, proof of admissibility, and best practices. The Due Diligence/Best Practices section has extensive resources that you can apply when reviewing your supply chain. The UFLPA will be going into effect on June 21st, so be sure to do your due diligence as soon as possible.
CBP Risk Analysis and Survey Assessment – The CBP Audit Transformation
May 10th, 2022
2:00 PM ET - 3:00 PM ET
1 CCS Credit
The US and UK have reached a new agreement to adjust the Section 232 tariffs on steel and aluminum imported form the UK. These changes allow the US to import a certain amount of UK steel and aluminum products without facing Section 232 tariffs. The deal also lifts tariffs placed on certain US goods exported to the UK. This agreement mandates an annual third-party audit of financial records for UK steel businesses controlled by Chinese companies to identify whether the company is being unduly influenced by the Chinese government. The tariffs will be lifted on June 1st, 2022.
On March 14th, CBP announced they are detaining all imported merchandise produced by Li-Ning Sporting Goods, a major Chinese sporting goods company. A recent CBP investigation concluded that Li-Ning Sporting Goods is using North Korean labor in their supply chain, which violates The Countering America’s Adversaries Through Sanctions Act (CAATSA). CAATSA prohibits the entry of goods, wares, and articles mined, produced, or manufactured wholly or in part by North Korean nationals or North Korean citizens anywhere in the world, unless clear and convincing evidence is provided that such goods were not made with forced labor. All Li-Ning merchandise arriving at US ports will be detained until the importer is able to provide evidence that the goods were not made using forced labor, or else the goods may be subject to seizure and forfeiture.
The quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will increase from the previous quarter. For the calendar quarter beginning April 1, 2022, the interest rates for overpayments will be 3 percent for corporations and 4 percent for non-corporations, and the interest rate for underpayments will be 4 percent for both corporations and non-corporations.
On March 11th, President Biden signed an executive order banning the importation of Russian seafood* and alcohol. The order also bans exports of luxury goods to Russia and restricts any new investments in Russia’s economy by US citizens. This order is one of several orders aimed at reducing Russia’s ability to fund their invasion of Ukraine, and part of a greater global effort to prevent further escalation in this conflict.
* The OFAC General License 17a authorizes the import of Russian seafood and fish until June 23, 2022, provided the requirements in the license are met.
On April 29th, people all around the world will be celebrating Arbor Day, a special day where we get together to celebrate trees and plant new ones. The very first Arbor Day in the US took place in Nebraska on April 10th, 1872, which means this year we will be celebrating 150 years of planting trees! This is also the 50th anniversary of the Arbor Day Foundation, a nonprofit organization dedicated to planting trees around the world. The Arbor Day Foundation has planted and distributed 500 million trees (and counting) over the last 50 years. If you would like to contribute to making the world a little greener or get some trees to plant yourself for future generations to enjoy, please visit the Arbor Day Foundation site. All donations are tax deductible and go towards making the world better for all!
The Bureau of Industry and Security has issued additional sanctions and export controls against Russia in response to their invasion of Ukraine. These new rules are intended to severely impact Russian financial systems, disrupt their economy, and reduce their access to high-tech imports. The largest Russian banks targeted by these sanctions have been cut off from US financial systems. The ruling also places restrictions on the Russian military, preventing access to exports from the US and certain exports that utilize US-originating goods. Several Russian elites and their families have also had severe sanctions placed upon them and their US assets have been frozen. Canada, Japan, Australia, the EU, and other US allies are also placing their own sanctions against Russia in a unified effort to further damage Russia’s ability to carry out their invasion.
Please note the situation in Ukraine is changing rapidly, and this report is based on the most up to date data available at time of publishing.
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