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DIAZ TRADE LAW UPCOMING WEBINAR
Equality in Gender and Trade SAVE THE DATE Mach 10, 2022, 12pm EST
Our next free webinar is sure to be an exciting one, space is limited, and registration required! Access instructions will be provided after your registration is complete. Don't just take our word for how awesome Diaz Trade Law webinars are. Click here to see what our past attendees had to say. Be sure to join us!
DTL is excited to invite you to our first webinar in 2022, "Equality in Gender and Trade". Join us on March 10, 2022 and learn about the many aspects of equality in gender and trade as we dive into this important conversation. The webinar will provide insight into the impact gender plays in trade communities throughout the world. Jennifer Diaz with moderate and expert Linda Schmid will discuss the increased integration of women in the trade community and how international trade agreements can be used to advance women's rights. The presenters will also provide an overview on how gender comes into the conversation when looking at equality in trade, and provide insights on the different aspects of gender in trade.
"Great overview of the key issues involved in the importation of medical devices into the United States. The presentation was amazing. It was the best 60-minute webinar on the subject that I have ever seen."
"The presenters were knowledgeable and engaging. I really enjoyed the webinar. I learned plenty of practical information and was able to identify immediate next steps to strengthen my import compliance activities."
"It is always great to hear and understand how PGA works and what their expectations are so that we can help our clients and Importers stay compliant."
"Jen is always up-to-date with the latest information and ready to help the import community! Great presentations that serve incredible value to any organization involved in international trade."
ARTICLES
Virtual Currencies and U.S. Sanctions
Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce that our article, “Virtual Currencies & U.S. Sanctions” was published by the Customs and International Trade Bar Association (CITBA) in its Winter 2021 newsletter.
Our article focuses on virtual currencies scrutiny under U.S. sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) given the potential national security and foreign policy threats posed by their increasingly widespread use.
Export Filing Requirements for Puerto Rico and the U.S. Virgin Islands
Did you know that shipments from the 50 U.S. states to Puerto Rico and the U.S. Virgin Islands generally requires an Electronic Export Information (“EEI”) filing under the U.S. Census Bureau’s Foreign Trade Regulations? This article provides an overview of Foreign Trade Regulations export filing requirements generally, outlines the requirements for Puerto Rico and the U.S. Virgin Islands, and outlines what you can do to optimize your export compliance.
Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Export Licensing Under EAR“! Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.
From all of us at Diaz Trade Law, we are incredibly thankful and grateful for your support this year. Despite this ongoing pandemic, Diaz Trade Law still managed to save our clients MILLIONS of dollars in 2021. It is with great joy that we finish off 2021 filled with numerous achievements and accomplishments we're humbled to share with you. We look forward to assisting you in what we envision will be a better and brighter 2022!
Catch Up on All DTL Blogs from 2021
We want to make sure you stay up to date with the hottest trade blogs from 2021. Below is a summary of what you missed by category. Enjoy!
USTR Announces the Development of a Focused Trade Strategy to Combat Forced Labor
United States Trade Representative Katherine Tai announced on January 25, 2022, that the Office of the United States Trade Representative (USTR) will develop its first-ever focused trade strategy to combat forced labor.
“Eradicating forced labor is not just a moral imperative, but an economic necessity. Doing so also helps protect workers from unfair competition and raises global labor standards,” Ambassador Tai said. “In order to prevent this human exploitation and protect the 25 million individuals – including women and children – forced to work against their will in harsh conditions, we need to come together as a global community and create collective action. I am committed to working with our trade partners to create a fair, rules-based international trading system where the use of forced labor in traded goods and services, including forced child labor, becomes a thing of the past.”
If you have not yet read "US Customs Targets Use of Forced Labor" and implemented your own social compliance policy - you're almost out of time! Contact info@diaztradelaw.com today to book a consult to discuss how we can help you implement your policy.
Apparel
Nike has ended 2021 as the most valuable apparel firm globally. According to data presented by FinancePR.com, the American outfit achieved a $30.44 billion valuation in 2021, placing it at the helm of the top ten garment firms worldwide.
BIS
On January 14, 2022, the Bureau of Industry and Security (BIS) issued a notice of information collection regarding a Defense Production Act requirement for U.S. firms to furnish information to the agency regarding offset agreements exceeding $5,000,000 in value associated with sales of weapon systems or defense related items to foreign countries or foreign firms. BIS is soliciting public comments to help evaluate if the proposed information collection is necessary for the proper functions of the Commerce Department, evaluate the accuracy of their estimate of time and cost burden, evaluate ways to enhance the quality, utility, and clarity of the information to be collected, and to minimize the reporting burden.
U.S. Customs and Border Protection is modernizing the ACE Secure Data Portal over multiple phases in 2022. The modernization effort will entail the transition of existing functionality to an upgraded platform, offering easier use and better performance.
On January 1, 2022, the Food and Drug Administration (FDA) opened the Voluntary Qualified Importer Program (VQIP) for FY 2023. Participants in the fee-based program receive expedited review of animal and human foods entering the United States.
On January 12, 2022, the U.S. Food and Drug Administration declared they are revoking the standard of identity for French dressing, reacting to a citizen petition from the Association for Dressings and Sauces that shared information documenting that the standard is outdated. The agency is now finalizing the proposed rule issued in December 2020 based on the conclusion that revoking the standard will allow for greater innovation and flexibility of products on the market.
On December 27, 2021, CBP issued guidance regarding the U.S. Trade Representative’s conforming amendment to a previously granted and extended Section 301 product exclusion, replacing HTSUS number 3401.30.5000 with HTSUS number 3401.11.5000 effective November 30, 2020
Port Everglades
On January 7, 2022, Port Everglades announced the arrival of the Mediterranean Shipping Company's MSC Rachele which brought a record 4,849 containers into port.
On January 12, 2022, the U.S. Department of Treasury’s Office of Foreign Assets Control designated five North Korean individuals responsible for procuring goods for North Korea’s weapons of mass destruction (WMD) and ballistic missile-related programs. These actions are intended to target and prevent the advancement of North Korea's WMD and ballistic missile programs and ongoing efforts to cease illegal procurement of weapons overseas.
On January 11, 2021 the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) announced a settlement with Sojitz Limited ("Sojitz HK"), a Hong Kong, China-based company that engages in offshore trading and cross-border trade financing. Sojitz HK agreed to remit $5,228,298 to settle its potential civil liability for apparent violations of the Iranian Transactions and Sanctions Regulations (ITSR).
On January 18, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated three Hizballah-linked financial facilitators and their Lebanon-based travel company because of Hizballah’s efforts as part of the Lebanese government to block economic reform and inhibit much needed change for the Lebanese people.
Recent USDA import statistics show a surge in U.S. organic fresh produce imports of bananas, blueberries, apples, and pears. Much of the surge originates in the Latin American countries of Mexico, Peru, Chile, Colombia, and Argentina with New Zealand also experiencing a surge of organic produce exports to the United States.
USTR
On December 21, 2021, the Office of the U.S. Trade Representative (USTR) released its annual congressional report assessing Russia’s adherence to its World Trade Organization commitments such as non-discriminatory practices, more open trade, and fair competition. The report notes that in the past years Russia had further extended its control over the Russian economy and tightened restrictions on trade.
On January 19, 2022, the United States and United Kingdom issued a joint statement announcing the start of bilateral discussions to address global steel and aluminum excess capacity, including the United States’ application of tariffs on imports from the United Kingdom under Section 232 and the UK’s retaliatory tariffs on certain U.S. exports to the UK.
Diaz Trade Law is excited to announce that on Friday, February 4, DTL President Jennifer Diaz will be speaking at the Ocean Freight Forum to discuss the most relevant issues and challenges faced by those involved with ocean freight. The webinar will take place online from 12:00pm EST - 1:00pm EST. Click below to register for FREE and listen to a panel of industry professionals with insights and perspectives on ocean freight.
From February 22-24 the Trade Summit of the Americas is convening some of the greatest minds in international trade. FCBF is reinvigorating the “trade conference,” with practical, actionable conversations and thoughtful presentations on not only the current state of affairs in international trade, but also pondering what the future might hold for our industry. Learn about trade infrastructure updates, including route changes, port improvements, and other key factors to efficient supply chains decision-makers and future creators alike will be joining, either in-person in Miami, FL, or online in a virtual setting.
Diaz Trade Law invites you to the U.S. Caribbean Business Conference 2022 in Miami, Florida. The Caribbean represents a large $23 billion export market for U.S. firms. The South Florida District Export Council in collaboration with Enterprise Florida and the U.S. Commercial Service is organizing the conference to help your company access opportunities across this important region.
U.S. Caribbean Business Conference 2022 participants will receive up-to-date market intelligence and help developing practical strategies for winning procurements and for exporting their goods and services. The program will include U.S. diplomats, industry professionals, trade experts, international business experts, high-level government officials and seasoned exporters – with plenty of opportunity for networking.
U.S. Customs and Border Protection Trade Symposium 2022
U.S. Customs and Border Protection concluded their annual Trade Symposium this past week. While this years symposium was virtual, CBP hopes to reunite in person in 2022. Mark your calendars - Don't miss the next Trade Symposium in Anaheim, California from July 19-20, 2022. Stay tuned for more information.
A boutique law firm with a track record of success, Diaz Trade Law has rapidly become one of the nation’s leading Customs and International Trade Law firms. With a combined six decades of experience, Diaz Trade Law’s diverse team of attorneys specialize in all aspects of U.S. federal trade law, from compliance to resolution of urgent issues. Diaz Trade Law represents clients from around the world—from small firms to the Fortune 500—while the firm’s Spanish- and English-speaking staff is ideal for clients operating in Latin American markets. Our DTL team thrives on maintaining a savvy, reliable, and energetic workplace to execute our business and client needs. We are a fast-paced, team-driven firm, with a knack for making our clients happy with successful results.
Studying law and have an interest in International Trade? Apply for our Spring 2022 Law Clerk program. Bilingual law students with the ability to thrive in fast-paced environment and have strong writing and verbal skills, with an availability to work at least 16 to 20 hours a week, are encouraged to send a resume and cover letter to Ina@diaztradelaw.com.
The Organization of Women in International Trade International (OWIT) aims to foster international trade and the advancement of women in business. OWIT provides a forum for education, information exchange, and networking through global chapters with more than 2,000 members. We are excited to announce that Executive Board positions are now available for the OWIT-South Florida Chapter. For more information, contact 2022 OWIT South Florida President, Evelyn Suero at esuero@suerolawpllc.com. Why Volunteer:
“OWIT has been a great catalyst for my personal and professional development. The networking and educational opportunities have been unparalleled.”
Nyamusi Igambi, Regional Director, U.S. Commercial Service
“OWIT has provided me with both amazing networking opportunities and wonderful leadership skills. If you are involved in international business, this is the organization for you. And yes, if you are a man that supports the advancement of women in international business, you are a GREAT fit for us”!
Jennifer Diaz, President, Diaz Trade Law
Beware an Increase in CBP Phishing Attempts
U.S. Customs and Border Protection agents and officers nationwide are continuing to receive numerous calls from residents concerned about unsolicited calls from scammers posing as U.S. Border Patrol agents and U.S. Customs and Border Protection officers. Residents are reporting the calls are a pre-recorded message stating, “a box of drugs and money being shipped has your (callers) name on it and it has been intercepted.” The caller is then instructed to press #1 to speak with a CBP Officer/Agent, which then attempts to get the callers banking information. There have also been reports of this same type of scam, however, the caller is an actual person, not a pre-recorded message.
These calls, whether a pre-recorded message or live person, are phone scams/phishing attempts and residents are urged to not provide the caller with any information. The Department of Homeland Security and CBP does not solicit money over the phone. If such calls are received, people should make a note of the number, any pertinent details about the call/caller, and immediately hang up. Residents are encouraged to report the incidents as soon possible. Phone scams can be reported to the Federal Trade Commission online at https://reportfraud.ftc.gov/.
“I encourage everyone who receives one of these scam calls to report it,” said Grand Forks Sector Border Patrol Chief Anthony S. Good. “Remember to keep your personal information safe and just hang up when solicited by one of these scammers.”
Diaz Trade Law is excited to announce on January 14, 2022, DTL President Jennifer Diaz hosted our first clubhouse of 2022, "Crypto Update - Lessons Learned" with Mark Montoya, Chief Data Officer of the Government Blockchain Association. The speakers discussed need-to-know crypto updates, what's going on with crypto in Florida, compliance fails, lessons learned from El Salvador, OFAC guidance and sanctions, and much more. Click below to listen!
Diaz Trade Law is excited to announce on January 25, 2022, President Jennifer Diaz participated in the Thoughts and Coffee podcast with Sarah Barnes-Humphrey. The speakers discussed the current supply chain issues faced by importers into the United States as well as best practices on how to import compliantly. Jen also highlighted the Organization of Women in Trade (OWIT) and the advantages it can offer women throughout the trade community. Click below to watch the podcast!
Are you a trivia wiz? Take your shot by playing Diaz Trade Law’s Trivia Tuesday this and every Tuesday via our social media platform to showcase your knowledge about trade and customs. Each week a winner is picked and mailed a Diaz Trade Law swag bag!
VIDEO SPOTLIGHTS
A U.S. Importer of Record has vast legal obligations to meet including ensuring they have a process in place (the Customs term is use "REASONABLE CARE") to properly identify the classification, valuation, country of origin, intellectual property rights, and free trade agreement compliance. CBP has vast resources to assist you in understanding your responsibilities as a U.S. importer (and Customs expects that you've read all of these resources, too!). "REASONABLE CARE" is a somewhat subjective standard; however Diaz Trade Law provides pre-compliance assistance to make sure you’re on the right track and have the right Pre-Compliance standards in place. The first question CBP will ask is whether or not you have retained an expert to assist you in complying with CBP requirements. If this answer is no, and you want to import, you need to get an expert, or the penalties for non-compliance can be severe.
I Want to Ensure I Don't Have a Problem Before I Start Importing, Can You Help Me?
#DYK Diaz Trade Law Can Assist With Meeting Your Legal Obligations When Exporting From the United States
Why Does This Matter?
Over 95% of the world’s consumers are outside of the United States. Opportunities abound for U.S. companies that export. However, exporting is a privilege and not a right. U.S. exporters have an important responsibility to adhere to U.S. export control laws, including the Export Administration Regulations (“EAR”), the International Traffic in Arms Regulations (“ITAR”) the Office of Foreign Assets Control (“OFAC”) sanctions laws, and the Foreign Corrupt Practices Act (“FCPA”). Violations of export control laws carry hefty civil and criminal penalties. Exporters can pay hundreds of thousands of dollars in penalties, lose export privileges, and even be imprisoned for violations of U.S. export control laws.
How Can Diaz Trade Law Help?
Diaz Trade represents a wide range of export clients in matters relating to compliance with U.S. laws and regulations. For example, we routinely advise clients on international trade in dual-use commodities, defense articles, software, and technology. Our expertise is in providing export compliance, licensing, and enforcement mitigation counsel related to the:
International Traffic in Arms Regulations (ITAR)
U.S. Export Administration Regulations (EAR)
U.S. Foreign Trade Regulations (FTR)
Various embargo and sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control (OFAC) including the Cuban Embargo
Foreign Corrupt Practices Act (FCPA) compliance and representation, and
U.S. Customs and Border Protection (CBP) laws and regulations relating to exports.
Diaz Trade Law specializes in personalized training for importers and exporters, organizations and government agencies.
Diaz Trade Law has an ongoing series of webinars throughout the year on all import and export topics! Check out the webinar calendar as well as attendees feedback to pick the webinars you want to watch live or on demand. Don't miss this terrific content.
Our on-demand webinars provide timely information on relevant customs and trade topics including importing, exporting, FDA, trade policy, trade remedies, intellectual property rights, and more.