Category: Regulatory

COVID-19, Regulatory, Videos

MSK Minute: California Reopening Stalls Under New Order

On Monday, July 14, California Governor Gavin Newsom ordered a halt to all indoor activities & operations at certain businesses statewide, as cases of COVID-19/coronavirus surge here in the country’s most populated state. What does this new order mean for your business? In this video, MSK attorneys Su Ross and Travis Jeffries examine a number of the issues and questions that employers should consider while … Continue reading MSK Minute: California Reopening Stalls Under New Order

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International Trade, Regulatory

Customs Broker Regulations Update – What Was CBP Thinking?

Written by Susan Kohn Ross For many months, the customs brokerage community has been expecting to see updates to the existing regulations. They finally came out in the Federal Register on June 5, 2020, see here. Comments are due on or before August 4, 2020. While much of what is in the proposed revisions is not controversial and fits nicely into CBP’s stated purpose to … Continue reading Customs Broker Regulations Update – What Was CBP Thinking?

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Cybersecurity, Regulatory, Videos

MSK Minute: Su Ross and Tim Carter Discuss Contact Tracing

In this video, MSK attorneys Susan Kohn Ross and Timothy Carter discuss contact tracing: what it is, what it means for employers and employees, and the impact it may have on your privacy right. If you are interested in learning more broadly about contact tracing or have any questions on this topic, please email Su at skr@msk.com or Tim at tmc@msk.com. Continue reading MSK Minute: Su Ross and Tim Carter Discuss Contact Tracing

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Cybersecurity, Regulatory

Return to Work: Beware of Fraudulent Contact Tracers

Written by Susan Kohn Ross and Timothy Carter As contact tracing ramps up in states across the country, state and local officials are increasingly warning of a rise in fraudulent contract tracers seeking to wrongfully obtain personal and financial information. We have previously written about contact tracing – long considered to be “a central pillar” of traditional infectious disease control – and how it works. In order to … Continue reading Return to Work: Beware of Fraudulent Contact Tracers

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Cybersecurity, Regulatory

Amidst A Pandemic, New York Quietly Implements Its Enhanced Data Security Law

Written by Susan Kohn Ross and Timothy Carter

While much attention and focus has rightly been placed on the California Consumer Privacy Act and the dramatic expansion of privacy rights for California residents that it heralds, a number of other states have quickly followed suit, working to strengthen their respective data security and privacy laws.  Signed into law on July 25, 2019 by Governor Andrew Cuomo, New York enacted the Stop Hacks and Improve Electronic Data Security Act (the “SHIELD Act” or the “Act”).  The SHIELD Act amends New York State’s data breach notification law, by broadening existing the state’s data breach notification requirements and requires covered businesses to have “reasonable” data security safeguards. Continue reading “Amidst A Pandemic, New York Quietly Implements Its Enhanced Data Security Law”

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COVID-19, Cybersecurity, Regulatory

Tracing Concerns

Privacy Protection Acts Introduced in Connection with Contact Tracing

Written by Susan Kohn Ross and Timothy Carter

Across the globe, governments are harnessing surveillance-camera footage, mobile location data, and consumer purchase records to help track the recent movements of coronavirus patients, monitor those potentially exposed, and establish virus transmission chains. In China, for example, the government has installed surveillance cameras outside and inside quarantined individuals’ homes. A few thousand miles away, Israel’s internal security agency is primed to mine a cache of mobile phone location data, initially collected for counterterrorism operations, in order to pinpoint possible COVID-19 exposure among its citizens. Continue reading “Tracing Concerns”

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International Trade, Regulatory

PPE Exports: Ready to Go?

Written by Susan Kohn Ross

In CSMS 42506108 issued on April 27, 2020, CBP updated its Frequently Asked Questions about Personal Protective Equipment exports. In it, CBP makes clear the Document Imaging System (DIS) sends a confirmation of receipt, as does AES. If the shipment is held for any reason and/or further action is needed, notice of that is most likely going to come through the carrier. In short, absent negative information, the export is ready to go.

When it comes to any Letter of Attestation (“Letter”), CBP has made clear these should be submitted through the DIS. The size limit for CBP is up to 10 MB. The email address is docs@cbp.dhs.gov. There are additional criteria to consider: Continue reading “PPE Exports: Ready to Go?”

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COVID-19, Cybersecurity, Regulatory

Contact Tracing: COVID-19

Written by Susan Kohn Ross and Timothy Carter

As the individual states struggle to define how best to reopen in a manner that minimizes the renewed spread of the novel coronavirus/COVID-19, the subject of contact tracing has become a major focus. To aid in this effort, Apple and Google announced late last week a joint contact tracing project that would leverage Bluetooth technology to identify and selectively alert individuals who have been in close proximity to someone who tested positive for COVID-19. Once alerted, that user could self-isolate or seek testing. Individuals who are diagnosed with COVID-19 can self-report their diagnosis, and any users who have been in recent contact with that individual will receive a notification. Public health agencies would be responsible for checking and verifying test results provided by users in order to prevent spoofing or fabrication. Continue reading “Contact Tracing: COVID-19”

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International Trade, Regulatory

CBP Authorizes Duty Payment Deferral

Written by Susan Kohn Ross

Update 4/23/20:
The official Federal Register notice authorizing the duty payment deferral option has been published – please see here. The comment deadline expires on May 20, 2020.

Update 4/20/20:
We noted in our Alert below that CBP stated the decision about whether or not to defer payment of duty had to be made by 11:59 PM today. CBP has now clarified that is 11:59 PM Eastern Time, and the deadline refers to the April Periodic Monthly Statement.

Also, CBP is now saying if the 301 duty exclusion covers the entire entry, the entry is eligible for the duty payment deferral option.

Original Alert:

Despite statements discounting the possibility, saner heads have prevailed and published late yesterday was an Executive Order issued permitting the Secretary of the Treasury to adjust the deadlines related to payment of duty. Executive Order re Duty Payment Deferral.  On that basis, CBP announced a 90 day postponement of duty payment is possible. First, in CSMS 42423171, CBP made clear the option to postpone duty payment for 90 days exists for many entries filed in March and April 2020. However, if the entry involves antidumping duty, countervailing duty, and/or Section 201, 232 or 301 duties, duty payment deferral is not available. While not obvious from the publications available to date, if your goods are subject to a 301 tariff but you have an exclusion, CBP has verbally advised you are not eligible for duty payment deferral. Many more questions are likely and CBP is holding a second briefing with the trade community this morning. The first such briefing took place yesterday evening. During that briefing, CBP indicated the duty deferral decision had to be made before 11:59 p.m. tonight. This is understood to refer to duty payments due today, April 20, 2020. Make sure to consult with your customs broker, but do not be surprised if many are unsure about the application of this newly announced program, due to the timing of its rollout. Continue reading “CBP Authorizes Duty Payment Deferral”

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