Trade Facilitation and Trade Enforcement Act of 2015 and Intellectual Property Rights
This article was co-authored with Kevin M. Rosenbaum of MS&K.
On February 24, 2016, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015, PL 114-125 (TFTEA), which includes an assortment of trade facilitation and trade enforcement provisions, including a number of provisions focused on intellectual property rights (IPR). Section III of the new law provides a number of enhancements to U.S. enforcement of intellectual property rights (IPR) at the border. In addition, included among a variety of new trade enforcement provisions in Section VI, the new law provides additional resources to assist the Office of the United States Trade Representative (USTR) improve IPR protection and enforcement in foreign markets. Continue reading “Trade Facilitation and Trade Enforcement Act of 2015 and Intellectual Property Rights”
New Customs Bill Is Now Law
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?
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 As we go to press, the presumptive new Speaker has withdrawn, the caucus is coming apart, the Democrats are smiling, but the country is suffering.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?
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
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
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”
EU-US Privacy Shield
Well, the new deal has been struck between the EU and the U.S. What was called the EU-US Safe Harbor is being replaced by the newly created EU-US Privacy Shield. Now, all we need is to have the actual text released! Continue reading “EU-US Privacy Shield”
DOJ Sets Its Sights on Directors and Officers
Originally published in September 2015.
Whether publicly traded or privately held, corporate boards have been put on notice – the Department of Justice (Justice or DOJ) is after you! On September 9th, DOJ issued a memo entitled: Individual Accountability for Corporate Wrongdoing. In it, Main Justice made clear to all offices that any activity which involves the potential for liability on the part of a corporation can and must also focus on the potentially culpable individuals. Continue reading “DOJ Sets Its Sights on Directors and Officers”
New Cybersecurity Law – Are You Prepared?
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
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”
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