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JAS Forwarding (USA) Inc. Compliance team members Laurie Arnold (NCBFAA Secretary) and Leah Ellis (NCBFAA Legislative Committee Chair) attended the quarterly NCBFAA board meetings in DC discussing Ecommerce, PGA’s, transportation, and customs issues.
JAS Forwarding (USA) Inc. VP Compliance Laurie Arnold (Secretary NCBFAA) and Leah Ellis, Compliance Manager (NCBFAA Legislative Chair) attended the NCBFAA annual conference in Ft Lauderdale in April.
The National Customs Brokers & Forwarders Association of America (NCBFAA) headquartered in Washington, DC metro area, represents many companies in international trade, including the nations’ leading freight forwarders, customs brokers, ocean transportation intermediaries (OTIs), NVOCCs and air cargo agents. NCBFAA is at the forefront of trade related topics in Washington DC and around the United States. The NCBFAA members handle 97% of the entries for goods imported into the United States. Further, members operating as OTIs are involved with approximately 80-85% of all exports from the United States.
Laurie Arnold has served as the Treasurer for the NCBFAA and was recently elected as the new Secretary of the NCBFAA. Seen on the far left in this photo, Laurie is contributing on a panel discussing “Liquidated damages, penalties, and other CBP fan mail.” Also on the panel was US Customs FP&F Director Lisa Santana Fox. She discussed the new Customs portal for mitigation request submissions. Laurie helped facilitate constructive discussion with the membership on the process and timelines of mitigation requests.
Leah Ellis serves as the NCBFAA Legislative Committee Chair. In this capacity, Leah works closely with the legislative committee advisor for the NCBFAA. The NCBFAA Legislative Committee works with legislators in Washington to advance positions of the trade community. Seen on the left in this photo, Leah was discussing Generalized System of Preferences (GSP) bill HR4986 and the end China de minimis bill HR7979. The panel also discussed and answered questions pertaining to the passing and signing of the Customs Business Fairness Act.
JAS Forwarding (USA) Inc.’s Compliance Project Manager, Scott Cassell, spent some time in Texas in the month of April facilitating Incoterms training on behalf of clients. Scott was also invited to speak at the ATX Trade Compliance Round Table Luncheon in Austin, TX. The event was attended by numerous trade professionals from Austin and the surrounding area.
Pictured in the photo from left toright are Scott Cassell, Antonio Pastrana (JASBM-Laredo), Lindsay Gambee (JASRegional Sales Dir SW), Helga Acosta (JAS BDM-HGC), Ernest Osei (JASBM-Dallas), and Curtis Corley (JAS BDM-DAL).
JASVP Compliance, Laurie Arnold attended the CBP Trade Facilitation and Cargo Security Summit in Philadelphia, PA from March 26 through March 28, 2024. The US Customs Trade Facilitation & Cargo Security Summit in Philadelphia addressed updates on ACE 2.0, continuing education, and ecommerce.
Also, JAS’ own Scott Cassell, Corporate Compliance Project Manager attended the Commerce Department’s BIS Update Conference on Export Controls and Policy in Washington DC from March 27 through March 29, 2024. A wide variety of topics related to US export controls were updated by members of the Commerce Department and related agencies involved in export controls.
JAS employees were on the move in September as Compliance Project Manager Scott Cassell and Miami FTZ Administrator Ivel Martinez attended the National Association of Foreign-Trade Zones “Celebrating 50 Years of NAFTZ” conference held in Miami on September 10 to 13. JAS operates foreign trade zones (FTZ) in both Charleston, SC and Miami, FL and the conference was a great opportunity for the JAS team to stay abreast of the current issues and regulatory changes affecting FTZ’s.
The entire JAS compliance team also meet on September 19 and 20 at the JAS headquarters in Atlanta for their annual meeting. Led by Vice President of Compliance Laurie Arnold this year’s theme was “Coming together is a beginning, keeping together is progress, working together is success!”. Various topics were discussed and strategies for the coming year were formulated.
Laurie Arnold, JAS Vice President of Compliance and the NCBFAA Treasurer, spoke on the panel "Past, Present, & Future" at the National Customs Brokers and Forwarders Association's (NCBFAA) 50th annual conference in New Orleans. Pulling out her "crystal ball," Laurie speculated on what the future work environment might look like considering the ongoing development of Artificial Intelligence and chat apps. The panel also discussed the environmental benefits of remote work and the potential danger of cyberattacks on business, power grids and the water supply.
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.
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
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.
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.
BIS has released the newest iteration of their guidance on export enforcement. The “Don’t Let This Happen to You” guidance document is dated March 2024 and is 76 pages of important guidance for the export community. The opening letter states “Export controls have never been more important to our collective security interests than they are today.” Follow the link below to check out more details!
The U.S. Customs and Border Protection (CBP) has issued a Withhold Release Order (WRO) against work gloves manufactured in a Chinese company and its subsidiaries, based on evidence suggesting the use of convict labor. This action is part of the U.S. government's efforts to combat forced labor globally. With nearly 28 million workers suffering under such conditions worldwide, WROs are a means to deter companies from exploiting labor and to protect vulnerable populations. By enforcing laws prohibiting the importation of goods produced by forced labor, CBP aims to safeguard American workers, businesses, and consumers. Currently overseeing and enforcing numerous WROs and Findings, CBP emphasizes its commitment to eliminating forced labor from U.S. supply chains and encourages reporting of suspected violations.
JAS Forwarding (USA) Inc. VP Compliance Laurie Arnold (Secretary NCBFAA) and Leah Ellis, Compliance Manager (NCBFAA Legislative Chair) attended the NCBFAA annual conference in Ft Lauderdale in April.
The National Customs Brokers & Forwarders Association of America (NCBFAA) headquartered in Washington, DC metro area, represents many companies in international trade, including the nations’ leading freight forwarders, customs brokers, ocean transportation intermediaries (OTIs), NVOCCs and air cargo agents. NCBFAA is at the forefront of trade related topics in Washington DC and around the United States. The NCBFAA members handle 97% of the entries for goods imported into the United States. Further, members operating as OTIs are involved with approximately 80-85% of all exports from the United States.
Laurie Arnold has served as the Treasurer for the NCBFAA and was recently elected as the new Secretary of the NCBFAA. Seen on the far left in this photo, Laurie is contributing on a panel discussing “Liquidated damages, penalties, and other CBP fan mail.” Also on the panel was US Customs FP&F Director Lisa Santana Fox. She discussed the new Customs portal for mitigation request submissions. Laurie helped facilitate constructive discussion with the membership on the process and timelines of mitigation requests.
Leah Ellis serves as the NCBFAA Legislative Committee Chair. In this capacity, Leah works closely with the legislative committee advisor for the NCBFAA. The NCBFAA Legislative Committee works with legislators in Washington to advance positions of the trade community. Seen on the left in this photo, Leah was discussing Generalized System of Preferences (GSP) bill HR4986 and the end China de minimis bill HR7979. The panel also discussed and answered questions pertaining to the passing and signing of the Customs Business Fairness Act.
JAS Forwarding (USA) Inc.’s Compliance Project Manager, Scott Cassell, spent some time in Texas in the month of April facilitating Incoterms training on behalf of clients. Scott was also invited to speak at the ATX Trade Compliance Round Table Luncheon in Austin, TX. The event was attended by numerous trade professionals from Austin and the surrounding area.
Pictured in the photo from left toright are Scott Cassell, Antonio Pastrana (JASBM-Laredo), Lindsay Gambee (JASRegional Sales Dir SW), Helga Acosta (JAS BDM-HGC), Ernest Osei (JASBM-Dallas), and Curtis Corley (JAS BDM-DAL).
In recent years, gardening has blossomed into a global phenomenon, not merely as a pastime but as a vital component of sustainable living and environmental stewardship. As more people recognize the benefits of cultivating their own green spaces, the gardening industry has witnessed significant growth, reflecting in both domestic practices and international trade.
The United States, with its diverse climate and rich agricultural heritage, plays a pivotal role in the global gardening market. Examining import and export data reveals intriguing insights into the dynamics of this flourishing industry.
Imports:
The importation of gardening-related products reflects the diverse interests and needs of American gardeners. From exotic plants to specialized tools, the U.S. imports a wide array of goods to cater to the demands of enthusiasts.
Exports:
Conversely, the United States also contributes to the global gardening market through its exports, showcasing its expertise and innovation in horticulture.
The Green Economy:
The gardening trade exemplifies the growing importance of the green economy. Beyond economic transactions, it fosters environmental awareness, promotes sustainable practices, and fosters community engagement.
As the world grapples with environmental challenges, gardening emerges as a grassroots solution, empowering individuals to connect with nature and cultivate greener, healthier lifestyles.
JAS Forwarding (USA) Inc.’s VP Compliance, Laurie Arnold and Compliance Operations Manager and NCBFAA Legislative Committee Chair, Leah Ellis, has diligently championed to help pass the Customs Business Fairness Act (CBFA) for many years alongside the National Customs Brokers & Freight Forwarders Association of America (NCBFAA). In a significant victory for Customs Brokers the bill was included in a continuing resolution bill that passed both the House and Senate. The CBFA has finally come to fruition. “The CBFA bill has been a long-standing passion of mine to help prevent Customs Brokers from having to return customs duties when an importer has filed bankruptcy and at long last (20 years) this bill has passed and signed into law and I am very happy to have been a part of the march to protect the Customs Brokers of our industry,” said Laurie Arnold when asked for her reaction on the passing of CBFA.
The CBFA, a long-standing initiative of the NCBFAA, aims to protect customs brokers and their employees by advocating for changes in bankruptcy laws. The bill seeks to grant "subrogation" rights to customs brokers, allowing them to assume the priority rights of U.S. Customs and Border Protection (CBP) when importers file for bankruptcy. This would prevent payments made to CBP through customs brokers from being subject to preference payment recovery actions during the 90-day period preceding the importer's bankruptcy filing.
NCBFAA President Jose D. (JD) Gonzalez lauded the passage of CBFA, emphasizing its importance to the customs broker industry. He credited the dedicated efforts of the association's Legislative Committee leadership, Legislative Advisor Nicole Bivens Collinson, and member companies for lobbying lawmakers and pushing for the bill's passage.
Special recognition was extended to Rep. Andrew Garbarino (R-NY) for his role in championing CBFA in the House of Representatives. Garbarino reintroduced the bill at the association's request in 2023, garnering bipartisan support with 28 co-sponsors. NCBFAA expressed gratitude to its members for their engagement in advocacy efforts, including letter-writing campaigns urging Representatives to support the bill.
NCBFAA also acknowledged the contributions of individuals and organizations who worked tirelessly over the past two decades to advance CBFA. Past and current leaders of the association's Legislative Committee, along with former NCBFAA Legislative Representative Jon Kent, were recognized for their efforts. Additionally, the longstanding lobbying efforts of organizations such as the New York/New Jersey Foreign Freight Forwarders & Brokers Association, JFK Airport Customs Brokers and Forwarders Association, and International Trade Surety Association were highlighted as instrumental in the bill's progress.
In a recent enforcement action at International Falls, Minnesota, U.S. Customs and Border Protection (CBP) officers intercepted over 7,800 lighting fixtures bearing counterfeit Underwriters Laboratories (UL) certification marks. These fixtures, as part of shipments from China and imported by a U.S. home design company, were deemed unsafe after inspection, raising concerns about potential fire hazards.
The seized lighting fixtures, among the cargo transiting from Canada into the United States, were inspected by CBP officers at International Falls, the busiest rail port in the country. Upon discovering the counterfeit UL certification marks, which falsely implied safety testing, CBP seized the shipments and initiated enforcement actions.
DeAnn O’Hara, CBP’s Fines, Penalties, and Forfeitures Officer for the area port of Pembina, North Dakota, highlighted the seriousness of the issue. "When U.S. consumers purchase a lighting fixture with a UL trademark on it, they are under the impression that the lighting fixture has been tested for safety. When Chinese manufacturers fraudulently place a UL trademark on untested fixtures, they are tricking consumers into buying a product that may not be safe and could start a fire in their homes," she explained.
CBP imposed fines totaling $100,000 on the shipments, in addition to seizing and destroying the lighting fixtures. This enforcement action underscores CBP's commitment to protecting the American public from unsafe and counterfeit products.
The seized lighting fixtures represent just one facet of CBP's broader efforts to safeguard public safety and enforce trade regulations. Beyond intercepting unsafe goods, CBP's Fines, Penalties, and Forfeitures Division (FP&F) plays a crucial role in adjudicating enforcement actions, ensuring compliance with laws, and facilitating the forfeiture process for seized items.
FP&F, comprised of a team of officers, paralegals, seized property specialists, and technicians nationwide, handles a wide range of cases, from drug seizures to intellectual property rights violations. The division follows a strict process with defined timeframes to ensure fairness and due process for all parties involved.
In addition to its enforcement duties, FP&F is instrumental in returning stolen property and cultural artifacts to their rightful owners. Recent successes include repatriating stolen artifacts to countries like Ukraine and Yemen, showcasing CBP's dedication to preserving cultural heritage and combating illegal trade.
While CBP faces challenges in keeping pace with evolving trade patterns and increasing volumes of shipments, its collaboration with other law enforcement agencies and commitment to public safety remain steadfast. As DeAnn O’Hara emphasized, "At CBP, we take the safety of the American public very seriously. That’s why we work so hard to remove unsafe products from the U.S. commerce before they can ever reach consumers."
In a significant interception, U.S. Customs and Border Protection Officers (CBP) at the San Ysidro Port of Entry apprehended over $11 million worth of blue fentanyl pills concealed within a vehicle recently.
A staggering estimated 561,000 fentanyl pills, with a total weight of 123.6 pounds, were confiscated by CBP officers during the operation, highlighting the continuous efforts to curb the influx of illicit drugs across the border.
The interception unfolded around 8:20 p.m. when a 37-year-old man driving a 2008 sedan applied for admission into the United States from Mexico at the San Ysidro Port of Entry. A CBP K-9 unit, conducting routine pre-primary inspections, alerted officers to the glove compartment area, indicating potential narcotics present presence.
Following the canine alert, CBP officers proceeded with further examination, leading them to refer both the driver and the vehicle for comprehensive inspection in the secondary inspection area.
Upon meticulous scrutiny, CBP officers uncovered a startling discovery – a total of 100 packages containing blue pills meticulously concealed within the vehicle's dashboard and the front passenger seats. Subsequent testing confirmed the contents as fentanyl, a potent synthetic opioid known for its lethal potency.
Mariza Marin, Port Director for the San Ysidro Port of Entry, emphasized the gravity of the situation, stating, “Fentanyl is a very lethal drug that continues to be encountered along our southern border. I’m very proud of the exceptional work by our officers who skillfully interdict illicit narcotics on a daily basis.”
The apprehended individual was promptly handed over to the custody of Homeland Security Investigations for further investigation, while both the narcotics and the vehicle were seized by CBP officers as part of the operation.
This seizure is part of Operation Apollo, a collaborative regional effort involving federal, state, and local agencies aimed at combating the pervasive threat posed by fentanyl and other illicit synthetic narcotics. Operation Apollo underscores the commitment of law enforcement entities to safeguard communities against the devastating impact of drug trafficking.
For more information about Operation Apollo and ongoing efforts to combat the drug trade, interested individuals are encouraged to seek additional details through official channels.
The successful interception serves as a testament to the unwavering dedication of CBP officers in safeguarding the nation's borders and preventing dangerous substances from infiltrating communities.
The U.S. Commerce Department’s Bureau of Industry and Security (BIS) announced significant revisions to the Export Administration Regulations (EAR), imposing stricter controls on exports and reexports to Nicaragua. This move comes in response to mounting concerns regarding human rights abuses perpetrated by the Nicaraguan government against its citizens and civil society groups, as well as its continued military and security cooperation with Russia.
The amendments, effective immediately, see Nicaragua being shifted from Country Group B to Country Group D:5, resulting in a more restrictive classification. Consequently, a stricter licensing policy will apply to items controlled for national security reasons, with the country now subject to 'military end use' and 'military end user' restrictions.
Under Secretary of Commerce for Industry and Security Alan Estevez emphasized the alignment of U.S. national security and foreign policy with its values, stating, "We will not allow peaceful trade to be diverted in ways that undermine our values and weaken our security." Assistant Secretary of Commerce for Export Administration Thea D. Rozman Kendler echoed this sentiment, highlighting the role of export controls in preventing U.S. technology from being misused to support human rights abuses.
This rule builds upon previous actions by BIS, including the addition of the Nicaraguan National Police to the Entity List in March 2023. It reflects ongoing efforts by the U.S. Government to restrict the availability of items subject to EAR to Nicaragua’s military and security services.
The move signifies a continued escalation in U.S. efforts to address the situation in Nicaragua, as international concern grows over the Ortega government's crackdown on dissent and violations of human rights.
JASVP Compliance, Laurie Arnold attended the CBP Trade Facilitation and Cargo Security Summit in Philadelphia, PA from March 26 through March 28, 2024. The US Customs Trade Facilitation & Cargo Security Summit in Philadelphia addressed updates on ACE 2.0, continuing education, and ecommerce.
Also, JAS’ own Scott Cassell, Corporate Compliance Project Manager attended the Commerce Department’s BIS Update Conference on Export Controls and Policy in Washington DC from March 27 through March 29, 2024. A wide variety of topics related to US export controls were updated by members of the Commerce Department and related agencies involved in export controls.
Every year on April 4th, carrot enthusiasts and food lovers alike come together to celebrate National Carrot Day. This humble vegetable, with its vibrant orange hue and crisp texture, holds a special place in the hearts and diets of people worldwide.
Carrots, scientifically known as Daucus carota, have a rich history dating back thousands of years. Originating in Central Asia, they were initially cultivated for their medicinal properties rather than culinary appeal. Ancient civilizations, including the Greeks and Romans, recognized carrots for their health benefits, particularly for improving eyesight.
Over time, carrots evolved from a medicinal herb to a staple ingredient in cuisines around the globe. From soups and salads to stews and desserts, carrots lend their unique flavor and nutritional value to a myriad of dishes. Their versatility in both savory and sweet recipes makes them a favorite among chefs and home cooks alike.
Nutritionally, carrots pack a powerful punch. They are an excellent source of beta-carotene, a precursor to vitamin A, which is crucial for eye health, immune function, and skin health. Additionally, carrots provide a healthy dose of fiber, vitamins C and K, potassium, and antioxidants, making them a nutritious addition to any diet.
National Carrot Day offers an opportunity to celebrate this underrated vegetable and explore its culinary potential. Whether enjoyed raw as a crunchy snack, roasted to caramelized perfection, or blended into a velvety soup, there are endless ways to savor the flavor and goodness of carrots.
Beyond their culinary appeal, carrots have also found their way into popular culture, appearing in folklore, literature, and even as beloved cartoon characters. Who can forget Bugs Bunny munching on a carrot as he outsmarts his foes?
In addition to indulging in carrot-centric dishes, National Carrot Day encourages awareness of sustainable farming practices and the importance of supporting local agriculture. Choosing organic, locally grown carrots not only ensures freshness and flavor but also reduces carbon footprint and supports small-scale farmers.
So, whether you're a devoted carrot connoisseur or simply looking to incorporate more vegetables into your diet, National Carrot Day provides the perfect opportunity to celebrate this crunchy and nutritious root vegetable. So grab a bunch of carrots, get creative in the kitchen, and join in the festivities on April 4th!
On February 26, the Federal Maritime Commission (FMC) issued its long-awaited final rule for Demurrage and Detention Billing Requirements. The issuance and processing of detention and demurrage invoices by common carriers and marine terminal operators has long been a contentious issue in the logistics industry. The FMC deserves credit for taking this issue on and working to bring some standards to the process. The final rule will be effective as of May 28, 2024. Some of the key elements of the final rule are:
• A list of required minimum information that must be included on any invoice for detention or demurrage. If any of this information is missing, that will eliminate the obligation for the billed party to pay.
• An invoice for detention or demurrage must be issued by a billing party to either the consignee or the person for whose account the billing party provided ocean transportation or storage of cargo and who contracted with the billing party for the ocean transportation or storage of cargo.
• A billing party must issue a demurrage or detention invoice within thirty (30) calendar days from the date on which the charge was last incurred. If billed after thirty (30) calendar days, then the billed party is not required to pay.
• If the billing party is a non-vessel-operating common carrier (NVOCC), then it must issue a demurrage or detention invoice within thirty (30) calendar days from the issuance date of the demurrage or detention invoice it received. If the NVOCC issues an invoice after thirty (30) calendar days, then the billed party is not required to pay.
• The billing party must allow the billed party at least thirty (30) calendar days from the invoice issuance date to request mitigation, refund, or waiver of fees from the billing party. The billing party must then resolve such a request within thirty (30) calendar days of receiving the request or at a later date as agreed upon by both parties.
Customs and Border Protection (CBP) recently released an update to its 1991 Directive 3510-004 – Monetary Guidelines for Setting Bond Amounts. The updated guide is entitled "A Guide for the Public: How CBP Sets Bond Amounts”. The new guide brings the previous directive up to date by amending many minimum bond requirements, adding information on bond activity codes that were not included in the earlier directive such as for Importer Security Filing bonds and Marine Terminal Operator bonds, and adding information on ACE eBond procedures.
A large tractor and agricultural equipment manufacturer agreed via a stipulated judgment to pay $2 million in penalties for falsely labeling wholly-imported replacement parts as “Made in the USA”. It was also agreed that the company would submit compliance reports and notices to the Federal Trade Commission (FTC) for the next 20 years. The FTC had initiated the proceeding against the company to enforce its Made in USA Labeling Rule. This rule states that for items to be labeled as “Made in the USA”, the final assembly or processing of the good, and all significant processing that goes into the good, must occur in the United States. Further, all or virtually all ingredients or components of the good must be made and sourced in the United States.
A Florida couple were sentenced to 57 months in prison and were ordered to pay over $42 million in forfeitures, as well as reimbursing the government for over $1.6 million in storage costs, after pleading guilty to conspiring to import plywood in violation of the Lacey Act and customs laws and conspiring to sell the illegally imported plywood. An employee of theirs was also sentenced to 3 years probation and ordered to pay a $3,000 fine. From 2016 to 2020, the couple, via several companies set up for the purpose, imported numerous containers of plywood products and falsely declared the species, country of origin and country of harvest to avoid paying antidumping and countervailing duties that had been instituted on such products from China in 2017. Some of the plywood was shipped to Malaysia from China and re-loaded in containers to appear to be of Malaysian origin. False Lacey Act declarations were then made upon entry into the U.S.
On February 12, Customs and Border Protection (CBP) announced in the Federal Register that the Global Business Identifier (GBI) Evaluative Proof of Concept (EPoC) will be extended to February 23, 2027. The test is also being expanded to include entries of merchandise classifiable under any subheading of the Harmonized Tariff Schedule and for merchandise of any country of origin. Previously, the test was limited to certain categories of merchandise from only 10 specific countries of origin. The purpose of the test is to evaluate a possible replacement for the Manufacturer Identification Code (MID). The MID is a code that is required to be submitted on all customs entries to identify the manufacturer or shipper involved. For the test, all or one of three alternative codes can be used to identify the manufacturer, shipper, and seller on entries. These alternatives are the nine (9)-digit Data Universal Numbering System (D–U–N–S®), thirteen (13)-digit Global Location Number (GLN), and/or twenty (20)-digit Legal Entity Identifier (LEI). All of these alternatives provide more detailed and specific information on the parties involved and would create greater visibility into supply chains.
The long negotiated United States initiative, the Indo-Pacific Economic Framework For Prosperity (IPEF), finally had one of its agreements enter into force on February 24, 2024. The Supply Chain Resilience Agreement was negotiated “to establish a framework for deeper collaboration to prevent, mitigate, and prepare for supply chain disruptions, such as those experienced in recent years from the COVID-19 pandemic”. The IPEF has 14 countries as participants - the United States, Australia, Brunei Darussalam, Fiji, India, Indonesia, Japan, the Republic of Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam. The first step in implementation of this agreement will be the establishment of three bodies, the Supply Chain Council, Crisis Response Network, and Labor Rights Advisory Board, with a goal of “identifying and notifying partners of each country’s list of critical sectors and key goods for cooperation under the Agreement by no later than 120 days after the date of the entry into force for each country”.
Recently at the Logan Airport in Boston, a passenger who was returning from the Democratic Republic of Congo had a suspicious piece of baggage screened. The passenger advised the Customs and Border Protection (CBP) Agriculture Officer on the scene that the baggage only contained dried fish. However, upon further inspection, the officer found four dead and dehydrated bodies of monkeys in the baggage. Minimally processed wild animal meat such as this is often referred to as “bushmeat”. Bushmeat can come from a variety of wild animals and can, therefore, carry numerous germs and viruses, such as Ebola, which can pose a significant heath risk. The bushmeat in this case, however, might not have been discovered if there was not another officer on the scene, CBP K9 Buddey! K9 Buddey is a part of one of the 180 canine teams that assist CBP officers at air passenger terminals, border crossings, cruise terminals and other locations. The CBP officer handlers and their canine partners undergo 10 to 13 weeks of intense training together before being deployed in the field. Beagles and beagle mixes are the preferred breed of dog for use as K9’s since beagles have a very keen sense of smell and have a gentle disposition towards the public. They are usually trained to alert handlers of contraband by sitting near or pawing at the offending baggage. Next time you see a K9 in action, salute them for their service, but hope that they do not come and sit down next to you…
The Bureau of Industry and Security (BIS) released its Export Enforcement Review for last year stating that 2023 was the year with the highest number ever of convictions, temporary denial orders and post-conviction denial orders. Some of the actions taken that the BIS highlighted were:
• Imposed the largest standalone administrative penalty in BIS history – a $300 million penalty related to the continued shipment of millions of hard disk drives to a sanctioned entity even after other competitors stopped shipping due to the foreign direct product rule.
• Obtained a guilty plea from a program administrator for a NASA contractor who secretly funneled sensitive aeronautics software to a Chinese University, which was on the Entity List for its involvement in developing Chinese military rocket systems and unmanned air vehicle systems.
• Imposed a $2.77 million penalty on a 3D printing company related to its sending export-controlled blueprints for aerospace and military electronics to China.
• Worked with the Department of Justice to bring eight separate indictments charging 14 people for their role in procuring items for the Russian military and Russian security service.
• In coordination with the Office of Foreign Assets Control, imposed a $3.3 million combined penalty against a major U.S. software firm for alleged and apparent violations of U.S. export controls and sanctions laws, including violations involving Russia, Cuba, Iran, and Syria.
BIS also emphasized the launch of the Disruptive Technology Strike Force with the Department of Justice “to protect U.S. advanced technologies from illegal acquisition and use by nation-state adversaries like Russia, China, and Iran. The Strike Force brings together experienced agents and prosecutors in fourteen locations across the country, supported by an interagency intelligence effort in Washington, D.C., to pursue investigations and take criminal and/or administrative enforcement action as appropriate”.
Wine aficionados and importers should take notice of the recently initiated Antidumping Duty (AD) and Countervailing Duty (CVD) investigations of “Certain Glass Wine Bottles”. The AD investigation covers wine bottles from Chile (Case # A-337-808), China (Case # A-570-162) and Mexico (Case # A-201-862), while the CVD investigation covers bottles from China only (Case# C-570-163). What is alarming is that the U.S. entities that filed the petition are claiming that the dumping margins, which would determine the amount of additional duties to be instituted if the petitions are approved, should be a whopping 610% from Chile, up to 301% from China and up to 97% from Mexico! Additional duties of that magnitude on wine bottles would certainly have an effect on the overall price of wine itself. All interested parties should diligently follow the course that these investigations take. The AD/CVD process can be very lengthy and with the claimed dumping margins being so high, the results could be dramatic.
In a notice published in the Federal Register on January 16, Customs and Border Protection (CBP) announced that it is amending the ACE Entry Type 86 Test to require filing of these entries prior to or upon arrival of the cargo. The Entry Type 86 is a test allowing the electronic filing of entries for low-value shipments meeting the requirements for admission under the administrative exemption in 19 U.S.C. 1321(a)(2)(C). The traditional entry time frame of permitting filing of an entry up to 15 days after arrival of the cargo was used initially for the Entry Type 86 test. However, CBP has determined that that time frame “has proven to be inconsistent with the expedited process envisioned for the ACE Entry Type 86 Test”, and this has led to enforcement challenges and various violations such as entry by parties without the right to make entry, incorrect manifesting of cargo, misclassification, and delivery of goods prior to release from CBP custody. The requirement to file Type 86 entries prior to or upon arrival of the cargo will go into effect on February 15, 2024.
The Transportation Security Administration (TSA) advised that 2023 was a record year for the interception of firearms at airport security checkpoints. A record 6,737 firearms were intercepted at airport checkpoints during 2023, with 93%, or close to 6,265 firearms, being loaded at the time of interception. Firearms are strictly prohibited in carry-on baggage. They are allowed in checked baggage, however, they must be unloaded and packed in a locked hard-sided case and the presence of the firearm must be declared at the check-in counter. Upon discovery of a firearm at a checkpoint, the TSA officer will contact local law enforcement, who will remove the passenger and the firearm from the checkpoint. The passenger involved could then be arrested or cited. In addition, the passenger will be liable for a fine of up to $15,000 for possesing the firearm at the checkpoint.
On a lighter note, or maybe not so lighter note, the TSA also published a list of the Top Ten prohibited items discovered in traveler’s carry-on baggage in Idaho airports in 2023. Among the top items were a hatchet, a Ninja throwing star, a crow bar, and a grenade-shaped bottle of hot sauce.. (pictures are below).
Laurie Arnold, JAS Vice President of Compliance, and Leah Ellis, JAS Compliance Operations Manager, were on the move this month attending the National Customs Brokers and Forwarders Association’s (NCBFAA) quarterly board meeting held in Los Angeles. Laurie serves as the Treasurer of the NCBFAA and Leah is the Legislative Committee Chair. During their time in Los Angeles, Laurie and Leah were also given an extensive tour of the Port of Los Angeles by invitation of the Los Angeles Customs Brokers and Freight Forwarders Association.
See below for pictures of the tour.
While regular practitioners of tariff classification well know this, the World Customs Organization (WCO) recently issued a 30 page report, The Exploratory Study on a Possible Strategic Review of The Harmonized System, which concluded that the tariff classification process is a very complex system which requires a high level of skill to use appropriately. The purpose of the report was to explore the feasibility of possible structural changes to the system to improve the accuracy and consistency of the process and make it more “user-friendly”. One of the issues noted was that key words are often not defined in the tariff schedule or, if defined, the location of definitions can be hard to find. The complex nature of the process was illustrated by a discussion on how to classify a plastic covered textile, a truly difficult proposition. One interesting note was that the WCO did a survey and found that a majority of respondents do not really use or do not really understand how to use the General Rules of Interpretation, which are supposed to explain how to classify. Lets hope the report leads to some improvements.
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