What OFAC Defines as a “Sham Transaction” 

Sham transactions occur when blocked persons “give up their property on paper only,” while continuing to benefit from or control the asset. These arrangements often involve: 

• Proxies, straw owners, or front companies acting on behalf of sanctioned individuals. 
• Opaque legal structures, including multi‑layered LLCs, partnerships, or trusts. 
• Transfers to family members or close associates who may serve as facilitators. 
• Commercially unreasonable transfers, such as those lacking adequate consideration. 
• Continued use or control of the asset by the blocked person after the purported transfer. 

Pro Tip: Look beyond legal formalities and identify the economic realities of the transaction. 

Red Flags Identified by OFAC 

The advisory outlines several indicators that a transaction may be a sham designed to evade sanctions. These include: 

• Transfers with no legitimate business purpose or to individuals lacking relevant expertise. 
• Complex corporate structures in high‑risk jurisdictions. 
• Inconsistent or incomplete documentation surrounding the transfer. 
• Timing of the transfer, particularly if it occurs close to a sanctions designation. 
• Evasive or vague responses from intermediaries when questioned about ownership or control. 

Pro Tip: No single factor is determinative; look at the totality of the circumstances instead. 

If your organization needs assistance strengthening sanctions compliance, conducting due diligence, or reviewing internal controls, contact Diaz Trade Law today! 

Learn more: 

• Bloomberg Law: Submitting a Voluntary Self-Disclosure to OFAC 
• Bloomberg Law Feature: Voluntary Self-Disclosures: Recent Guidance From BIS, OFAC & DOJ 
• Office of Foreign Assets Control (OFAC) Sanctions Compliance 

Jennifer Diaz, President, Diaz Trade Law

Amber Pirson, Attorney, Diaz Trade Law

FinCEN’s March 30, 2026, Notice of Proposed Rulemaking (NPRM) marks a major step toward fully operationalizing the agency’s whistleblower program, designed to incentivize reporting of Bank Secrecy Act (BSA), sanctions, IEEPA, and other illicit finance violations. The proposal outlines how whistleblowers can securely submit information, how awards will be determined, and what protections will be available.  

This development reflects the Treasury Department’s broader strategy to strengthen financial system integrity and encourage actionable tips that support enforcement efforts. For financial institutions, compliance professionals, and potential whistleblowers, the NPRM provides long‑awaited clarity on program structure and expectations. 

Overview of the Proposed Rule 

FinCEN’s NPRM proposes a comprehensive framework for administering whistleblower submissions and awards. Key elements include: 

• Secure submission procedures for individuals reporting suspected violations of the BSA, OFAC sanctions, and related laws. 
• Eligibility criteria for whistleblower awards, including documentation requirements and timelines. 
• Award ranges of 10–30% of monetary penalties collected when a whistleblower’s information leads to a successful enforcement action. 
• Robust protections for individuals who provide information, including confidentiality and anti‑retaliation safeguards. 

These provisions aim to encourage early, detailed reporting while ensuring whistleblowers are shielded from adverse consequences. 

Why FinCEN Is Prioritizing Whistleblower Incentives 

The NPRM aligns with Treasury’s broader efforts to combat fraud, sanctions evasion, and illicit finance. On the same day, FinCEN issued an advisory highlighting how transnational criminal organizations exploit federal and state health care programs—underscoring the need for timely, credible tips from insiders. Treasury Secretary Scott Bessent emphasized that whistleblowers play a critical role in protecting U.S. national security and ensuring taxpayer funds are not diverted to criminal activity. 

By formalizing award structures and protections, FinCEN seeks to increase the volume and quality of reports that can lead to enforcement actions. 

What Financial Institutions Should Know 

Financial institutions should closely review the NPRM and consider how it may affect internal compliance programs. Key considerations include… 

• Enhanced reporting expectations: Institutions may see increased whistleblower activity and should ensure internal reporting channels are well‑defined. 
• Documentation and recordkeeping: Detailed records may become even more important as whistleblower tips could trigger investigations. 
• Training and awareness: Employees should understand both internal reporting options and the existence of FinCEN’s external whistleblower portal. 

FinCEN encourages public comments within 60 days of the NPRM’s publication in the Federal Register. The official notice is available here. 

Whistleblowing and IEEPA 

While the proposed rule offers rewards for reporting fraud-related violations of IEEPA, it is unclear whether FinCEN will consider reports of unpaid IEEPA duties to be valid claims of fraud. Given the U.S. Supreme Court’s ruling, which determined that President Trump’s use of IEEPA to impose tariffs was unlawful, companies subject to such whistleblowing reports may have a strong claim of defense.   

Final Thoughts: Take Action Today! 

FinCEN’s proposed whistleblower framework represents a significant shift in how illicit finance violations may come to light. Financial institutions, compliance officers, and legal practitioners should proactively assess the NPRM’s implications and prepare for increased scrutiny and reporting activity. If your organization needs guidance navigating BSA/AML obligations, whistleblower‑related risks, or comment submission strategies, Diaz Trade Law is ready to assist with FinCEN compliance. 

Learn more: 

• DOJ Targets Trade Fraud: Importers Now on Notice as Criminal Division Ramps Up Enforcement 
• Bloomberg Law: Voluntary Self-Disclosures: Recent Guidance From BIS, OFAC & DOJ 
• BIS Issues Guidance to Financial Institutions on Best Practices for Compliance with the Export Administration Regulations 

The Advisory follows President Trump’s Executive Order on June 30, 2025, formally removing U.S. sanctions on Syria and directing agencies to take additional measures to encourage U.S. private sector and foreign partner reengagement in Syria.

New Opportunities & Remaining Restrictions

The Advisory outlines what business with Syria is now permissible as well as what restrictions remain.

Permissible Business:

• The United States no longer imposes comprehensive sanctions on Syria. 
• The Caesar Act is suspended, except for sanctionable transactions with Russia and Iran.
• The transfer of most basic civilian use U.S.-origin goods, as well as software and technology, to or within Syria is permitted without a license. 

Remaining Restrictions:

• Sanctions remain on “the worst of the worst:” Bashar al-Assad and his associates, human rights abusers, drug traffickers, and other destabilizing regional actors.
• The U.S. Government continues to review Syria’s State Sponsor of Terrorism (SST) designation. 
• Most Commerce Control List items going to Syria still require a U.S. export license.

What Exporters Should Do

The removal of Syria sanctions and the easing of export-control requirements open up new opportunities for exporters who have avoided the market to comply with U.S. law. However, exporters should proceed with caution and ensure they conduct thorough due diligence before engaging in any business in Syria. 

While sanctions have largely been lifted, certain sanctions remain in effect for individuals and entities related to Bashar al-Assad and his affiliates. Exporters should also be mindful of the historic links between Syrian entities and Iran. Due diligence should address potential sanctions issues with indirect relationships with Iran or Iranian entities. 

Before conducting business with Syria, exporters should consult legal counsel to ensure proper due diligence is conducted. Violations of export control laws carry hefty civil and criminal penalties. Exporters can face steep penalties, lose their export privileges, and even be imprisoned for violating U.S. export control laws. 

A key foundation of proactive and effective export compliance requires the development of an export compliance plan, which establishes procedures for your organization, including how to identify violations and what to do when violations occur. 

Diaz Trade Law helps exporters create export compliance manuals, audit existing compliance plans, and conduct internal compliance training. Get in touch with us today to learn more about how this Advisory may impact your business. 305-456-3830 or info@diaztradelaw.com

Learn more:

• Bloomberg Law: Building & Maintaining an Effective Export Compliance Plan
• Bloomberg Law: Export Licensing Under EAR
• Bloomberg Law: Submitting a Voluntary Self-Disclosure to OFAC
• Webinar: Introduction to Export Controls
• The Importance of Regular Export Compliance Training for Your Business
• ICYMI: President Trump Lifts Syria Sanctions

The Executive Order (effective July 1, 2025) revoked the following six prior executive orders dating back to 2004:

• Executive Order 13338 of May 11, 2004 (Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria),
• Executive Order 13399 of April 25, 2006 (Blocking Property of Additional Persons in Connection With the National Emergency With Respect to Syria)
• Executive Order 13460 of February 13, 2008 (Blocking Property of Additional Persons in Connection With the National Emergency With Respect to Syria)
• Executive Order 13572 of April 29, 2011 (Blocking Property of Certain Persons with Respect to Human Rights Abuses in Syria)
• Executive Order 13573 of May 18, 2011 (Blocking Property of Senior Officials of the Government of Syria)
• Executive Order 13582 of August 17, 2011 (Blocking Property of the Government of Syria and Prohibiting Certain Transactions with Respect to Syria).

The revocation of Executive Order 13338 ended the national emergency that underpinned the subsequent executive orders.

The Executive Order also waived certain sanctions imposed by the Syria Accountability Act and the Chemical and Biological Weapons Control and Warfare Elimination Act.

On June 30, the U.S. Office of Foreign Assets Control (OFAC) took action to implement the executive order by removing 518 previously sanctioned persons and companies from the Specially Designated Nationals and Blocked Persons (SDN) List, restoring their access to U.S. financial systems. 

The U.S. has had sanctions on Syria since 1979, when the U.S. designated it a state sponsor of terrorism. The U.S. expanded those measures in 2004 over Syria’s military presence in Lebanon and again in 2011 in response to President Bashar Assad’s crackdown on protesters.

Why Now

The revocation of sanctions fulfills a commitment Trump made during a visit to Saudi Arabia in May to lift all sanctions on Syria. Saudi Arabia and Turkey have both pushed for the U.S. to remove the restrictions to facilitate reconstruction after the overthrow of the Assad regime in 2024. The move aligns the U.S. with recent actions by the European Union and the U.K., both of which lifted economic sanctions earlier this year.  

Some Sanctions Still Remain

Some sanctions can only be removed through congressional action. For example, sanctions under the Caesar Act that target individuals, entities, and governments supporting the Syrian regime of Bashar al-Assad will remain in place. Syria also remains designated as a State Sponsor of Terrorism, which continues to restrict investment and diplomatic engagement. However, the executive order directed relevant agencies to examine these restrictions and assess what is required to suspend them.  

Targeted sanctions remain in place against Bashar al-Assad, his inner circle, terrorist organizations, and entities linked to drug trafficking, chemical weapons, and Iranian proxies. 

If you have questions on sanctions or export-related matters, contact Diaz Trade Law today at info@diaztradelaw.com or 305-456-3830.

Read more:

• Office of Foreign Assets Control (OFAC) Sanctions Compliance
• Bloomberg Law: US Sanctions Lists
• ICYMI: Congress Doubles the Statute of Limitations for Sanctions Violations

Within the fentanyl trafficking section, the bill included a provision that doubles the statute of limitations for all sanctions violations from five to 10 years. It also extended the limitation for certain export control violations such as biological weapon proliferation.

On September 11, 2024, the Department of Treasury’s Office of Foreign Assets Control (OFAC) issued an interim final rule amending their Reporting, Procedures and Penalties Regulations to reflect the new statute of limitations. The new rule extends recordkeeping requirements for certain transactions from five to 10 years.

Impact

This policy change will change how exporters keep records, maintain compliance programs, and conduct due diligence. It also allows more time for the government to investigate violations.

Government

The Department of Justice and the Department of Treasury’s Office of Foreign Assets Control (OFAC) are the primary authorities that will benefit from this policy change. Agency officials and prosecutors will now have twice as much time to investigate and bring charges against exporters.

The majority of federal crimes currently have a five-year statute of limitations. Some serious crimes such as capital murder or treason have no statute of limitations, other serious crimes such as embezzlement from a federal financial institution or racketeering have a 10 year limit.

Congress deliberately extending the limitations period in line with serious federal crimes sends a clear signal that export violations are a priority and considered a serious offense by the U.S. government.

Private Sector Implications

Companies seeking to invest in or acquire another company subject to export control laws and U.S. sanctions will now have to request documentation for 10 years instead of five.

The law will also impact recordkeeping requirements for exporters. OFAC currently requires anyone subject to its regulations to maintain a record of each transaction for the last five years. While H.R. 815 did not change this requirement, it is expected that OFAC will soon amend its regulation to require transaction recordkeeping for 10 years.

Compliance programs will have to be adjusted to account for this change to ensure that proper precautions are taken and internal recordkeeping covers the full 10 years.

It is important to note that the new statute of limitations does not apply retroactively. Meaning, if five years has already passed on a potential violation, the new law will not extend the time. However, if five years has not yet passed for a violation, the 10-year term will now apply.

Contact Diaz Trade Law for Assistance with Your Compliance Program

Diaz Trade Law provides export compliance assistance and training for enterprises of all sizes. We can help ensure your export compliance program fulfills the requirements of the U.S. export control laws and that your program is tailored to meet your company’s needs.

Get in touch with us today at info@diaztradelaw.com or 305-456-3830.

More information on export control laws:

• The Importance of Regular Export Compliance Training for your Business
• Building a Strong Export Compliance Plan
• Bloomberg Law: Building & Maintaining an Effective Export Compliance Plan
• Introduction to Export Controls

The Administration criticized the Cuban government in the announcement, saying: “We know the Cuban economy is in dire straits amid recurring shortages of fuel, electricity, increasingly even food. It’s clear the communist experiment of Cuba has failed, the government is no longer able to provide for its citizens’ most basic needs.” 

The new measures implemented by the Department of Treasury’s Office of Foreign Assets Control (OFAC) include four main parts:

1. Authorized Internet-Based Services and Software.

Cuban small businesses will now be able to access additional internet-based services such as video conferencing, social media, maps, e-learning, automated translation, and other online services. 

U.S.-based entities will be allowed to provide cloud-based services to these small businesses. OFAC is also authorizing the export or reexport of Cuban-origin software and mobile applications from the United States to third countries.

2. Re-defining “Self-Employment.”

OFAC is scrapping the term “self-employed individual” and replacing it with a new term: “independent private sector entrepreneur.” The new term will still cover traditional self-employed individuals such as business owners, but it will also cover private cooperatives or small businesses that are wholly owned by such individuals. 

The new term also excludes prohibited Cuban officials and prohibited Cuban Communist Party members to ensure they do not take advantage of this change intended to benefit the private sector.

3. Access to U.S. Bank Accounts.

OFAC is authorizing Cuban entrepreneurs to open and remotely use U.S. bank accounts. Cuban entrepreneurs can use these accounts whether they are physically located in the United States, Cuba, or another country.   

4. U-Turn Transactions.

OFAC is reinstating its authorization of “U-turn” transactions. “U-turn” transactions are funds transfers that originate and terminate outside the U.S. where neither the sender or recipient is subject to U.S. jurisdiction.  

OFAC disallowed “U-turn” transactions in 2019. U.S. banks may now process these funds transfers when Cuba or a Cuban national has an interest, provided that neither party is subject to U.S. jurisdiction.

OFAC has issued a FAQ document to help guide stakeholders navigate these changes. Available here.

For more information on how these changes may impact your business, contact us at info@diaztradelaw.com or 305-456-3830.

Read more about importing and exporting to Cuba:

• Doing Business With Cuba: What You Need to Know

U.S. Customs and Border Protection (CBP)

• U.S. Customs and Border Protection is reminding the traveling public to be mindful that certain agricultural items such as raw eggs and poultry from Mexico are prohibited from entry into the United States, and failure to declare these items may result in monetary penalties.
• CBP released operational statistics today for December 2022, which can be viewed online here.

The Department of the Treasury’s Office of Foreign Assets Control (OFAC) 

• The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing two general licenses (GLs) issued pursuant to the Global Magnitsky Sanctions Regulations: GLs 3 and 4, each of which was previously made available on OFAC’s website.

Department of Commerce (DOC)

• Based on affirmative final determinations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC), Commerce is issuing an antidumping duty order on certain preserved mushrooms from France.

Food and Drug Administration (FDA)

• The Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry entitled “Dosage and Administration Section of Labeling for Human Prescription Drug and Biological Products—Content and

Federal Trade Commission (FTC)

• The Federal Trade Commission has taken action against Instant Brands, manufacturer of Pyrex-brand kitchen and home products, for falsely claiming that all its popular glass measuring cups were made in the United States during a time some measuring cups were imported from China.

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

To receive an email notification whenever a new post is published, please subscribe to our weekly blog here.

Department of Commerce 

• The United States Department of Commerce, International Trade Administration (ITA), is announcing one upcoming trade mission that will be recruited, organized, and implemented by ITA. This mission is: Executive-led Business Development Trade Mission to Kenya with optional (Gold Key) stop in Tanzania, March 28-30, 2023.
  • For further information contact, Jeffrey Odum, Events Management Task Force, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-6397 or email Jeffrey.Odum@trade.gov.
• The Secretary of Commerce, through the Office of Trade and Economic Analysis (OTEA) of the International Trade Administration, received an application for an amended Export Trade Certificate of Review. This notice summarizes the proposed application and requests comments relevant to whether the amended Certificate should be issued.
• DOC determines that countervailable subsidies are being provided to producers and exporters of barium chloride from India.
• On November 23, 2022, DOC published the notice of initiation and preliminary results of a changed circumstances review of the antidumping duty order on certain corrosion inhibitors from the People’s Republic of China. For these final results, Commerce continues to find that Kanghua Chemical Co., Ltd. (Chuzhou Kanghua) is the successor-in-interest to the Nantong Kanghua Chemical Co., Ltd (Nantong Kanghua).

International Trade Commission

• The U.S. International Trade Commission (USITC) has determined not to review an initial determination of the presiding administrative law judge, amending the complaint and notice of investigation to correct a respondent’s name.

U.S. Department of the Treasury, Office of Foreign Assets Control 

• The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.

• OFAC is publishing two general licenses (GLs) issued pursuant to the Venezuela Sanctions Regulations: GLs 8K and 41, each of which was previously made available on OFAC’s website.

• OFAC is issuing this final rule to adjust certain civil monetary penalties for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

U.S. Customs and Border Protection 

• U.S. Customs and Border Protection (CBP) officers working at the Brownsville and Matamoros International Bridge Port of Entry seized $931,739 in bulk, unreported U.S. currency.
• CBP officers at the Otay Mesa port of entry thwarted a significant smuggling attempt after discovering two live toucans wrapped in stockings hidden inside a traveler’s purse. The incident occurred at about 4 p.m., on December 26, when a CBP officer encountered two travelers, a 35-year-old male and a 37-year-old female, in a 2015 Toyota Camry, applying for entry into the U.S. at the Otay Mesa vehicle lanes.
• CBP officers in Louisville are seeing nightly counterfeit jewelry shipments arriving from locations known to produce fakes. On January 2, Louisville CBP seized a shipment of jewelry deemed to be counterfeit by CBP’s Centers of Excellence and Expertise, the agency’s trade experts.

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

To receive an email notification whenever a new post is published, please subscribe to our weekly blog here.

U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC)

• The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied.
• The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed or continuing information collections, as required by the Paperwork Reduction Act of 1995.
  • OFAC within the Department of the Treasury is soliciting comments concerning OFAC’s information collection requirements for persons using remittance forwarding services related to Cuba, which are contained within the Cuban Assets Control Regulations. Comments should be received on or before January 30, 2023 to be assured of consideration.
• OFAC is publishing the names of one or more persons that have been removed from OFAC’s Specially Designated Nationals and Blocked Persons List and the List of Foreign Sanctions Evaders. Their property and interests in property are no longer blocked, and U.S. persons are no longer generally prohibited from engaging in transactions with them.

U.S. Customs and Border Protection (CBP)

• U.S. Customs and Border Protection (CBP) has published Version 1.1 of “Customs Broker Guidance for the Trade Community” which provides the customs broker community with the necessary tools and information to conduct their customs business in compliance with CBP regulations.
• Changes in Version 1.1 are:
  • Removal of Final Rule Effective Date policy notices
  • Updated language in Chapter 10, Section B, Item 11. Separation from Client

U.S. Court of International Trade (CIT)

• On December 16, 2022, the U.S. Court of International Trade (CIT) issued its final judgments in Worldwide Door Components, Inc. v. United States, Slip Op. 22–143, Court No. 19–00012, and Columbia Aluminum Products, LLC v. United States, Slip Op. 22–144, Court No. 19– 00013, sustaining the U.S. Department of Commerce’s (DOC) third remand redeterminations pertaining to the scope ruling for the antidumping and countervailing duty orders on aluminum extrusions from the People’s Republic of China.
  •  Applicable December 26, 2022.

U.S. Department of Commerce (DOC)

• As a result of this expedited sunset review, the U.S. Department of Commerce (DOC) finds that revocation of the antidumping duty order on certain large diameter carbon and alloy seamless standard, line and pressure pipe from Japan would be likely to lead to continuation or recurrence of dumping as indicated in the ‘‘Final Results of Sunset Review’’ section of this notice.
  • Applicable December 29, 2022. 
• DOC finds that revocation of the antidumping duty order on certain steel nails from the United Arab Emirates (UAE) would be likely to lead to the continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice.
  • Applicable December 29, 2022.
• DOC is amending the final results of the administrative review of the antidumping duty order on large diameter welded pipe from Canada to correct ministerial errors. The period of review is May 1, 2020, through April 30, 2021.
  • Applicable December 29, 2022.
• As a result of this expedited sunset review, DOC finds that revocation of the antidumping duty order on certain large diameter carbon and alloy seamless standard, line and pressure pipe from Japan would be likely to lead to continuation or recurrence of dumping as indicated in the ‘‘Final Results of Sunset Review’’ section of this notice.
  • Applicable December 29, 2022.
• DOC preliminarily determines that certain producers/ exporters subject to this administrative review made sales of subject merchandise at less than normal value. Interested parties are invited to comment on these preliminary results of review.
  • Applicable December 29, 2022.

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

To receive an email notification whenever a new post is published, please subscribe to our weekly blog here.

Below we share some of our top 2022 success stories with you.

Successfully Mitigated Penalty Actions and Refunds Issued by CBP to our Clients

• Our client wanted to know the status of prior CBP refunds and the status of the return of their collateral paid to their surety. Through our ACE report we were able to confirm over $500,000 in refunds, and our FOIA discovered where the checks were sent to. We were able to assist in ensuring the CBP refunds were properly returned to our client. Similarly, we were able to work with the surety to ensure the collateral posted was properly returned. 
• Our client received 4 penalties totaling $411,641 from CBP. After Diaz Trade Law filed a successful Petition with CBP, the penalties were mitigated with a total savings of $356,803.20!​
• Our client received a penalty of $307, 970 from CBP in accordance with Title 19. After Diaz Trade Law intervened, the penalty was determined to be mitigated in full.
• Our client received a penalty in the amount of $216,867.00 from CBP. After Diaz Trade Law filed a successful Petition with CBP, the penalty was mitigated in full!​
• Our client received a penalty of $118, 237 from CBP in accordance with Title 7 and Title 9. After Diaz Trade Law intervened, the penalty was afforded mitigation in the amount of $11, 823.70.
• Our client received multiple CBP Notices of Penalty. Diaz Trade Law convinced CBP to agree to receive one Petition covering all FP&F cases, and similarly agreed to the mitigation requested in our Petition and the over $43,000+ penalties were mitigated down to just $1,500 (a huge savings to our client).​
• Our client received a penalty of $39,800 for allegedly importing counterfeit merchandise. Diaz Trade Law was successful in getting this penalty CANCELED entirely!
• Our client incurred a penalty from CBP in the amount of $29,386.00. Diaz Trade Law filed a petition with CBP and the penalty was mitigated down to $2,938.60, or 10%. ​
• Our client received a $14,362 penalty from CBP for incorrectly filing Electronic Export Information (EEI). After Diaz Trade Law’s successful petition, CBP mitigated the penalty to $750 (a 95% reduction!).
• Our client was fined for misclassifying their products with CBP. After Diaz Trade Law intervened and claimed prior disclosure treatment, CBP refunded an overpayment of $10,618.56.
• Our client received penalty relief from CBP after Diaz Trade Law filed a successful supplemental petition.​​​

Successfully Mitigated Liquidated Damages Claims 

• Our client received a liquidated damages claim of $50,000 from CBP. After Diaz Trade Law filed a successful supplemental petition, CBP agreed to mitigate the claim down to $10,000 (a savings of $40,000 to our client). 
• Our client received a liquidated damages claim from CBP in the amount of $50,000. Diaz Trade Law filed a successful supplemental petition, and CBP agreed to mitigate the claim down to $204 (a savings of $49,796 to our client). 
• Diaz Trade Law filed a strong petition for a client who received a liquidated damages claim of $23,220, with CBP later granting relief of the liquidated damages to our client upon payment of a mitigated amount of $3,483 (a savings of $19,737 to our client). 
• Our client who received four liquidated damages claims at the same time, totaling $20,000.00. Diaz Trade Law convinced CBP to accept one Petition (instead of 4) and CBP agreed to mitigate the claims down to $4,000.00 (a savings of $16,000.00 to our client).
• Our client received a liquidated damages claim of $15,336 after Diaz Trade Law filed a successful supplemental petition, CBP granted relief  ​
• Our client received a liquidated damages claim from CBP. Diaz Trade Law filed a strong petition, with CBP granting a relief of the liquidated damages penalty upon payment. ​
• Diaz Trade Law submitted a successful petition requesting relief from the Liquidated Damages claim assessed by CBP against our client. CBP agreed the subject liquidated damages case should be closed.​

CBP Detention Assistance 

• Our client’s Cuba-bound humanitarian shipments were detained. After Diaz Trade Law intervened and demonstrated the shipment did not violate U.S. sanctions, CBP released the merchandise.
• Our client’s goods were detained by CBP for an alleged counterfeit violation. After Diaz Trade Law filed a supplemental petition, CBP agreed that the merchandise detained was not actually counterfeit as initially alleged, but was confusingly similar, and authorized the exportation.
• Our client’s goods were detained by CBP for alleged trademark infringement. After Diaz Trade Law successfully obtained the trademark holder’s consent to release the seized goods, and then quickly filed a petition with CBP, within a record of 20 days after receiving our petition, CBP agreed to release our clients’ legitimate goods.
• Our client’s goods were detained by CBP because they did not have the required export license. After Diaz Trade Law’s successful petition, CBP partially released our client’s goods, and proceeded with completing the release when the license was approved. ​
• Diaz Trade Law’s efforts were instrumental in ensuring the importer had a fair chance to prove their goods were not in violation. After a DOT inspection of the goods, in the presence of CBP, it was determined the goods were not in violation and were released.  ​​​​

Successfully Assisted in CBP Corporate Broker Licensing 

• As part of a company’s acquisition of a custom brokerage firm, Diaz Trade Law assisted our client in acquiring their corporate broker license!
• Diaz Trade Law successfully assisted our client in acquiring their broker license.​

United States Patent Trademark Office (USPTO)

• Diaz Trade Law successfully registered numerous brands with USPTO and thereafter recorded those trademarks with U.S. CBP! ​

Food Drug Administration (FDA) Recalls

• Our client’s products were recalled by the FDA. After Diaz Trade Law assisted with the recalls, the FDA terminated the recall.

Antidumping and Countervailing Duty (AD/CVD)

• Our client Diaz Trade Law requested a scope ruling for our client’s solar panel modules/cells. The U.S. Department of Commerce confirmed our client’s products did not fall within the scope of the AD/CVD orders.

Binding Rulings/FOIA

• Our client wanted confirmation on the correct Harmonized Tariff Schedule (HTSUS). After Diaz Trade Law’s persuasive binding ruling request, our client obtained the binding ruling it desired!
• Diaz Trade Law submitted a FOIA on behalf of our client requesting copies of CBP lab reports. The FOIA was processed quickly and effectively with the help of Diaz Trade Law.
• Diaz Trade Law submitted a FOIA on behalf of our client requesting copies of CBP lab reports. Our client’s FOIA was processed swiftly and effectively.

Export Compliance and Enforcement Mitigation Assistance

• Diaz Trade Law actively assisted exporters:
  • Vetting proposed export transactions
  • Providing voluntary self-disclosures to Census and OFAC
  • Developing an effective export compliance plan
  • Developing export compliance training
  • With mitigation and corrective action
  • Presenting export report cards to clients based upon an analysis of ACE data
  • Analyzing export trade data
  • With mitigation of export seizures and penalties

Protests

• Our client received a CF-29 Notice of Action Taken from CBP alleging country of origin and FTA mis declarations. 
  • Diaz Trade Law filed a strong protest demonstrating the validity of our client’s original country of origin and FTA claims, which ultimately resulted in CBP approving the protest and issuing appropriate refunds to our client.​

Assisted Numerous Importers in Filing Prior Disclosures and Voluntary Self-Disclosures Accepted by CBP 

• Diaz Trade Law successfully assisted our client in filing a Prior Disclosure (PD) with CBP. The PD was accepted, resulting in no penalties being assessed to our client.
• On behalf of our client, Diaz Trade Law submitted a perfected prior disclosure for an underlying valuation error, CBP accepted the disclosure and waived the interest penalty. ​. ​

Successfully Assisted Numerous Importers in Various Seizure Cases

• Our client’s goods valued at $123,267 were seized by CBP because they did not have the required export license. After Diaz Trade Law’s successful petition, CBP agreed the merchandise should be released!​
• Our client’s goods valued at almost $100k were seized by CBP because they did not have the required export license. After Diaz Trade Law’s successful petition, CBP agreed that the merchandise should be released!​
• CBP seized our client’s goods valued at $34,466 and after Diaz Trade Law’s successful petition, CBP agreed to release our client’s products upon a mitigated penalty of $3,466.  ​
• Our client failed to declare $33,100 when traveling domestically, and their currency was seized by CBP. After Diaz Trade Law’s successful petition, CBP released the currency with a mitigated penalty of $2,500 (returning $30,600 to our client). ​
• CBP seized our client’s goods valued at $23,448 and after Diaz Trade Law’s successful petition, CBP agreed to release our client’s products upon a mitigated penalty of $1,000. ​
• CBP seized our client’s goods and after Diaz Trade Law’s successful petition, CBP agreed to release our client’s products! ​
• Our client’s products were seized for violations of 19 U.S.C. 1526(e) for bearing unauthorized markings. After Diaz Trade Law intervened, CBP granted partial relief for the forfeiture.
• CBP seizures can be difficult to navigate. When our client received the CBP seizure notice for an underlying intellectual property rights counterfeit claim, Diaz Trade Law filed a persuasive petition (including communicating with and receiving a letter of consent from the trademark owner) which led to CBP agreeing to release our client’s products!    ​

Office of Foreign Affairs Control (OFAC)

• Our client’s wire payments of almost $1M from Venezuela were blocked by its U.S. bank for possible violations of U.S. sanctions laws.
  • After Diaz Trade Law filed specific license applications with the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), OFAC issued specific licenses authorizing the legitimate funds to be unblocked and returned to our client. ​
• Diaz Trade Law submitted a successful specific license request that was granted by OFAC. ​

United States Department of State (DOS)

• Diaz Trade Law filed a successful license application with the Department of State on behalf of a client.

Foreign Trade Zone

• Our client wanted to expand its current Foreign Trade Zone (FTZ). Diaz Trade Law assisted in submitting a request for a Minor Boundary Modification of its FTZ. Diaz Trade Law was successful in having this request approved by U.S. Customs and Border Protection.

Awards 

• In 2022, Diaz Trade Law President Jennifer Diaz received the following awards:
  • Award of Excellence in the Promotion of Board Certification, Board of Legal Specialization & Education.
  • 2022 Florida Super Lawyer.
  • Florida Trend’s Florida Legal Elite™.
  • Award of Exemplary Service, Florida Bar International Law Section.
  • MDBA Legacy Award as a Distinguished Strategic Partner, U.S. Department of Commerce MEDWEEK 2022.
  • Canadian Maple Leaf Award.

Publications

Key publications written by Diaz Trade Law in 2022 were:

• Bloomberg Law, Significant Updates to BIS Enforcement Policies in 2022, November 2022
• Bloomberg Law, Building & Maintaining an Export Compliance Plan, October 2022
• Bloomberg Law, Submitting a Prior Disclosure to Customs and Border Protection, September 2022
• Bloomberg Law, A Comparison of Customs IPR Protection in the U.S. & China, July 2022
• Bloomberg Law, Submitting a Voluntary Disclosure to Directorate of Defense Trade Controls, May 2022
• Bloomberg Law. What is an Importer’s ‘Reasonable Care’ Standard, May 2022
• Bloomberg Law, Tariff Classification Basics, January 2022
• Bloomberg Law, Export Licensing Under EAR, January 2022
• Customs and International Trade Bar Association (CITBA), New CBP Prior Disclosure Requirements, April 2022

Diaz Trade Law Articles

Key articles written in 2022 by our team at Diaz Trade Law:

• Diaz Trade Law, The Beginning of the End of the MID, December 2022
• Diaz Trade Law, Customs Undervaluation- It’s a Crime, October 2022
• Diaz Trade Law, U.S. Customs – Your Personal Policeman at the Border, September 2022
• Diaz Trade Law, Understanding the RPL Export License Exception, August 2022
• Diaz Trade Law, Encryption Controls under the Export Administration Regulations, August 2022
• Diaz Trade Law, Uyghur Forced Labor Prevention Act (UFLPA): What You Need to Know, June 2022
• Diaz Trade Law, UFLPA DHS Forced Labor Guidance – What Importers Need to Know, June 2022
• Diaz Trade Law, Successor Liability & Export Control Liability, April 2022
• Diaz Trade Law, Big News! 352 of 549 Proposed China Tariff Exclusions Reinstated, March 2022
• Diaz Trade Law, Complying with Russia-Related Sanctions?, March, 2022
• Diaz Trade Law, Draft Guidance on Medical Device Transition Period, March 2022
• Diaz Trade Law, Export Controls and Cybersecurity, February 2022
• Diaz Trade Law, Importing into Puerto Rico? Don’t Forget about Paying Use Tax, February 2022

Customized Training Programs & Webinars

Key training programs and webinars taught by Diaz Trade Law in 2022 were:

• Webinar, Diaz Trade Law, “Keeping Your BOL Data Confidential – A Lesson on Manifest Confidentiality“, December 8, 2022
• Doral, FL, World Trade Center, “Importing 101 – Back to the Basics”, November 15, 2022
• Port Miami, Beacon Council, Trade and Logistics Update, November 10, 2022
• Miami Beach Convention Center, Air Cargo Show, “Women in Logistics,” November 9, 2022
• Webinar, ProChile, “Importing Food into the U.S. Complying with CBP and FDA”, November 8, 2022
• North Miami, FL, FIU, “Produce Post-Harvest Handling and Value Chain Development for Costa Rica, Nicaragua, and the Caribbean”, October 31, 2022​
• Aventura, FL, FLN, Chapter Speaker, October 28, 2022
• Webinar, Diaz Trade Law, “Tips on FDA’s Medical Device Registration Process“, October 26, 2022
• Washington DC, MSI International Conference, International Trade Challenges Roundtable, October 23/24
• FITCE, “Importing into the U.S. with CBP, FDA, CPSC, and USDA”, October 19, 2022
• Webinar, FCBF, “Experts Demystify CBP’s FP&F Process as it Relates to IPR”, October 12, 2022
• Webinar, FCBF,”Experts Discuss Complying with CPSC and Getting the Most Out of CTPAT”, October 7, 2022
• Podcast, Share Your Voice, Behind the Scenes of DTL, October 4, 2022
• Miami, Fl, OWIT South Florida, International Business Roundtable Breakfast with Canada and Mexico Consuls, September 20, 2022
• Doral, Florida, World Trade Center, Food and Beverage Show, “Detentions, Warning Letters, and Import Alerts: How to Navigate FDA Enforcement,” September 12, 2022
• Webinar, NCBFAA, Intellectual Property Rights: A View From East Asia, September 8, 2022
• Webinar, Diaz Trade Law, “What is Electronic Export Information (EEI) and Why Does it Matter?“, August 18, 2022
• Chicago, NCBFAA NEI, GTEC, Best Practices for Export Compliance, August 2, 2022
• Podcast, Simply Trade, “Basics of AD/CVD,” July 29, 2022
• Mexico City, World Trade Center, “How to Import/Export to the United States Using Florida as Your Point of Entry”, June 22, 2022
• Webinar, OWIT International, “Stories from The Trenches: Women Who Lead in International Trade”, June 22, 2022
• Webinar, NCBFAA, “Detentions and Seizures: How to Navigate These Enforcement Waters”, June 21, 2022
• Global Chamber Clubhouse, “Women in Global Leadership”, May 24, 2022
• Beacon Council, Trade & Logistics Committee Meeting, “Can Nearshoring Help Build Resilient Supply Chains?”, May 20, 2022
• Webinar, Diaz Trade Law, “Basics on Tariff Classification (Including 2022 Update)“, May 12, 2022
• City of Miramar, Economic Development Week, “Miramar: Import and Export, Trade 101” May 9, 2022
• Florida MBDA Export Academy, “Legal Considerations When Exporting to the U.S.”, May 10, 2022.
• W Hotel Fort Lauderdale, AFI Convention, “Panel Discussion on Today’s Supply Chain/ Logistics Issues”, April 29, 2022
• Webinar, Embassy of Georgia, “Importing Food and Beverages in compliance with U.S. FDA”, April 20, 2022
• Webinar, NCBFAA, “Prior Disclosure: CBP Changes You Should Care About”, April 19, 2022
• U.S. – Caribbean Business Conference 2022, “Exporting Like a Pro”, April 12, 2022.
• FCBF Broker Preparation Course, “19 CFR 133 – Intellectual Property Rights”, March 30, 2022.
• Webinar, Diaz Trade Law, “Gender and Trade”, March 10, 2022
• Webinar, Ocean Freight Forum, February 4, 2022.
• Podcast, Gladys Mizrahi, January 13, 2022.
• Clubhouse, Trailblazers in Trade, “Update on Crypto and Trade”, January 14, 2022.

Diaz Trade Law values you and appreciates your trust in us to be your Customs and International Trade Law Expert! Contact us at info@diaztradelaw.com to schedule your consultation or customized training today.