TFTEA – Export Focus

By Susan Kohn Ross

In earlier editions of our Alert, we first summarized the new law (see here), then addressed the intellectual property rights changes it contained (see here), and most recently covered the organizational structure (see here). Now, we turn to the export focused provisions in the Trade Facilitation and Trade Enforcement Act (“TFTEA”). Mainly those export provisions have to do with information collection for targeting.  However, new initiatives for promoting U.S. exports are let out in detail in TFTEA. Continue reading “TFTEA – Export Focus”

TFTEA – CBP Organizational Structure

By Susan Kohn Ross

The Trade Facilitation and Trade Enforcement Act presents many new guidelines for U.S. Customs and Border Protection. The labyrinth of the Act is laborious to dissect and is the reason we have created this series of Alerts. This latest edition digs in to the inner workings of CBP’s organizational structure, duties, and implementation expectations. Anyone who works in international trade, whether an importer or exporter of goods or a service provider, will find this piece exceptionally interesting. Continue reading “TFTEA – CBP Organizational Structure”

New Customs Bill Is Now Law

By Susan Kohn Ross

Originally published in the Journal of Commerce in March 2016

On February 24, 2016, President Obama signed into law H.R. 644. Entitled the “Trade Facilitation and Trade Enforcement Act of 2015,” it contains a good many technical revisions to existing Customs and Border Protection (“CBP”) processes, procedures, laws and regulations. Much more is included, so there are many topics of widespread interest to the broader trade community, import and export. Continue reading “New Customs Bill Is Now Law”

Trans-Pacific Partnership Negotiations Concluded – Now What?

By Susan Kohn Ross

Originally published by the Journal of Commerce in October 2015

With the news the Trans-Pacific Partnership (TPP) negotiations have been successfully concluded, the obvious question is what is next? The Republican leadership in the House of Representatives is in chaos. As we go to press, the presumptive new Speaker has withdrawn, the caucus is coming apart, the Democrats are smiling, but the country is suffering. Renewal of the ExIm Bank is subject to a parliamentary ploy where the one thing Congress is supposed to do finally happened – a bipartisan group of Republicans and Democrats reached across the aisle seeking to govern the country. Whether their parliamentary move does the trick remains to be seen. Will the House pass ExIm renewal? Continue reading “Trans-Pacific Partnership Negotiations Concluded – Now What?”

Trans-Pacific Partnership: Bane or Boon?

By Susan Kohn Ross

Originally published by the Journal of Commerce in November 2015

As every international trader worth his/her salt knows, the text of the Trans-Pacific Partnership was released on November 5th. Given word from the Executive Branch is the agreement is still being “scrubbed”, it is reasonable to conclude the text is not yet final, but is being released, as some of our Canadian colleagues commented about regarding newly elected Prime Minister Trudeau and his Labor Party, to allow the nay-sayers to get their vitriol out now, so that by the time the vote comes, calmer heads will prevail. Whether that is a prudent approach remains to be seen. Continue reading “Trans-Pacific Partnership: Bane or Boon?”

The More Things Change – The More They Stay The Same

By Susan Kohn Ross

Originally published by the Journal of Commerce in January 2016

In writing this article, it was interesting to look back and see whether the old crystal ball was accurate in its predictions in earlier years. Truthfully, the expectation was the old themes were similar over time, and that turned out to be the case. Those earlier articles made clear, the challenges facing businesses in the context of import and export remain complex. By way of example, one constant theme is the rising cost of compliance. A related theme has to do with the expanding complexity of issues demanding compliance efforts. Continue reading “The More Things Change – The More They Stay The Same”

Cyber Bill No Real Help to Supply Chain Security

By Susan Kohn Ross

Originally published by the Journal of Commerce in January 2016

In the lead-up to President Obama signing into law on December 18, 2015 the Cybersecurity Act of 2015, Public Law. 114-113, there was hope that finally there would be a vehicle through which the federal government would be able to share broad ranges of supply chain security information with C-TPAT members. Alas, that did not turn out to be the case. Continue reading “Cyber Bill No Real Help to Supply Chain Security”

New Cybersecurity Law – Are You Prepared?

By Susan Kohn Ross

Originally published in January 2016

On December 18, 2015, President Obama signed into law the Cybersecurity Act of 2015. Beginning at Division N, Public Law 114-113 deals with cyber threats and includes the framework for the means and methods by which the private sector may submit such information to the government and by which the government is intending to share comparable information with the private sector (and others). Continue reading “New Cybersecurity Law – Are You Prepared?”

ACE Deadline Reminder for Imports and Exports

By Susan Kohn Ross

On February 28, 2016, those involved with imports and exports are preparing to undergo a major transition. As of that date, all entries must be filed using the new Automated Commercial Environment (ACE) system. ACE not only replaces the current Customs and Border Protection (CBP) system, but is designed to reengineer CBP’s operational processes; develop a new technology infrastructure; and integrate commercial, enforcement and administrative operations. The goal is to create a “single window” using the ACE system for imports and exports, and to streamline the process for goods entering and leaving the country. Continue reading “ACE Deadline Reminder for Imports and Exports”

U.S. Customs and Border Protection Has ACE Up Its Sleeve

By Susan Kohn Ross

A version of this article was also published by the Journal of Commerce in February 2016.

What a difference a few days make! Up until Monday, February 8th, it was understood that on February 28th, CBP entries, and those filed with the Food and Drug Administration (FDA), the National Highway Traffic Safety Administration (NHTSA) and the Animal and Plant Health Inspection Service (APHIS) (Lacey Act) would all have to be filed through ACE. Thirteen more PGAs were scheduled to come on-line in July 2016, full implementation for all remaining electronic portions of the CBP cargo process was scheduled for October 2016 and ACE for all agencies and all purposes would be operational by December 2016. Continue reading “U.S. Customs and Border Protection Has ACE Up Its Sleeve”