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The USMCA: Where do we stand?

By Joseph W. Rohe, LCB, CCS on June 14, 2019

On November 30, 2018, the United States, Canada and Mexico took the first steps toward a renegotiated North American Free Trade Agreement (NAFTA)—now dubbed the United States-Mexico-Canada Agreement (USMCA). However, the USMCA still faces the hurdles of ratification by the respective governments. In the United States, that means Congressional approval in accordance with the Trade Promotion Authority (TPA). Pursuant to the TPA timeline, the final text of the USMCA was published and a Statement of…

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Sanctions Compliance Directly Impacts Executives

By Michelle Rosenberg on May 10, 2019

In OFAC’s guidance document that was released last week, OFAC made it clear that it will consider using its enforcement authority against the individuals involved in a sanctions violation, not just the entities. OFAC recognized that individual employees, particularly those in supervisory, managerial or executive level positions, have played a crucial role in facilitating or concealing violations of OFAC’s sanctions programs. The executives subject to OFAC’s jurisdiction are individuals at a company with a U.S.…

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Federal Circuit Squeezes Customs’ Wrench Classification

By John Cornell Fuller on April 26, 2019

In a recent opinion, the United States Court of Appeals for the Federal Circuit affirmed the US Court of International Trade’s (CIT) determination of the classification of certain hand tools imported by Irwin Industrial Tool Company (“Irwin”) as “pliers” over US Customs and Border Protection’s (“Customs”) classification of the tools as “wrenches.” The tools at issue were variations of locking pliers, that is, two handled tools with two jaws that could grasp — and…

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Updates to the Cuba Restricted List

By Michelle Rosenberg on April 24, 2019

On April 24, 2019, the U.S. Department of State published an update to its List of Restricted Entities and Subentities Associated with Cuba (Cuba Restricted List) adding five additional entities to the list. On June 16, 2017, the President signed the National Security Presidential Memorandum-5 on Strengthening the Policy of the United States Toward Cuba (NSPM-5). Soon after, on November 9, 2017, pursuant to NSPM-5, both the Department of the Treasury’s Office of Foreign Assets…

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Bloomberg Law Features Nevena Simidjiyska’s Piece on CFIUS Grindr Determination

By Fox Rothschild LLP on April 8, 2019

A Chinese company was recently forced to sell California-based Grindr, the world’s largest gay dating app, after the Committee on Foreign Investment in the United States (CFIUS) determined that its ownership constituted a national security risk. To explain the issue to readers, Bloomberg Law featured an article by Partner Nevena Simidjiyska, co-chair of the International Trade Practice Group, on the significance of the determination and what it means for foreign ownership of U.S. social…

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Treasury Expands Sanctions for Maduro Supporters

By John Cornell Fuller on February 26, 2019

In recent weeks, the United Stated Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) expanded the scope of sanctions against current and former Venezuelan government officials who have supported controversial President Nicholas Maduro and his regime of corruption and human rights abuses. The first sanctions implemented against Venezuelan individuals and entities were authorized by President Barrack Obama in March 2015 (Executive Order 13692). Following President Maduro’s re-election to a second six-year…

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Importer Sues CBP for Delay in Releasing Products

By John Cornell Fuller on January 31, 2019

A complaint filed in the United States Court of International Trade (“CIT”) late last week highlights the practical challenges and frustration that come from delayed resolutions and parallel proceedings between federal courts and agencies, such as US Customs and Border Protection (“CBP”). In the Complaint, One World Technologies, Inc. (“One World”), a manufacturer of garage door openers sought injunctive relief and declaratory judgment against CBP for its continued detention of One World’s products contrary to…

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Impact of the Government Shutdown on the Committee on Foreign Investments

By Michelle Rosenberg on January 17, 2019

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The government shutdown, which is now in its fourth week, is causing a backlog of cases that will need to be reviewed by the Committee on Foreign Investments (“CFIUS”) once the government reopens. CFIUS is an interagency committee chaired by the Secretary of the Treasury, which reviews certain transactions involving foreign investment in the Unites States in order to determine the effect of such transactions on national security. The shutdown will ultimately cause a delay…

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Foreign Investment Pilot Program Adds New Mandatory Filings

By Nevena Simidjiyska on November 30, 2018

The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), signed into law in August, authorizes the Committee on Foreign Investment in the United States (CFIUS) to conduct pilot programs to implement provisions of the legislation that did not become effective immediately upon enactment. On October 10,, 2018, a FIRRMA pilot program was enacted that expands the scope of transactions subject to review by CFIUS to include certain noncontrolling investments made by foreign persons in…

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CBP Issues Update on Enforcement of Continuous Bond Amounts

By Fox Rothschild LLP on November 13, 2018

This post is authored by Fox Rothschild associate Rocky Rogers: As a result of the new Section 232 and Section 301 tariffs on steel, aluminum, and goods imported from China, United States importers and customs brokers relying upon continuous bonds should review their bond amount to ensure it is sufficient to account for these new tariffs. The continuous bond should be in the amount of 10% of estimated duties, taxes, and fees to be…