United States Customs and Border Protection (CBP), one of the principal agencies under the leadership of DHS, has released an updated list detailing items prohibited from entry into the US. These goods fall under a variety of classifications, including “dangerous toys, cars that don’t protect their occupants in a crash, bush meat, or illegal substances like absinthe and Rohypnol”.

Many of these items are available for legal purchase while abroad, presenting a potential quagmire for international travelers. In order to avoid purchasing and effectively smuggling these illegal goods into the country, CBP recommends travelers to familiarize themselves with the given prohibited and restricted items prior to departure.

Due to the hundreds of laws that regulate and restrict the importation of goods into the US, one must understand the given consequences prior to purchase. These items are not limited to individual travelers attempting to bring back souvenirs from vacation, rather they place a much heavier burden on potential importers.

Considering that fair and free trade reside highly on the government’s priorities, many seemingly harmless goods are subjected to extra scrutiny, as well as duties or penalties. Many importers of prohibited or restricted items may not even be cognizant of their malfeasance. However, ignorance is not a defense for criminality. For this reason, DTL highly recommends international travelers and importers alike to review the listed items and they perform pre-compliance PRIOR to importing.

Diaz Trade Law provides expert assistance primarily for companies attempting to comply with the multitude of U.S. federal laws and regulations related to both import and export transactions as well as supply chain security. We are passionate about strategizing with clients to achieve successful results and optimizing compliance with U.S. federal government agencies. We represent global clients of every size, from individuals and small businesses to Fortune 500 companies. For more information, call us today at 305-456-3830 or email info@diaztradelaw.com.

United States Customs and Border Protection (CBP) and the Transportation Security Administration (TSA) cooperate to facilitate safe travel and transportation into the United States. Under the current regulatory framework, TSA has responsibility for ensuring the security of the nation’s transportation of cargo by air into the United States while CBP has responsibility for securing the nation’s borders by preventing high-risk cargo from entering the US.

In the years following 9/11, commercial airliners were still targets of terror. Despite each agency working to alleviate risks, more coordination was needed to ensure safety. After potential attacks against the United States, like the October 2010 incident, in which terrorists placed explosive devices in cargo boarded onto two different US flights, DHS realized change was needed in respect to cargo transportation.

In 2010, after the scare, DHS rolled out the Air Cargo Advanced Screening pilot program. The new program focused on risk-based assessment strategy utilizing real-time data and intelligence to target high-risk cargo earlier in the supply chain. The newfound interagency cooperation strengthened security, effectively deterring terrorists from targeting cargo en-route to the US.

The 2010 ACAS Pilot program revolutionized the screening process of cargo, offering an avenue for secure shipping. Due to the more stringent review process of cargo early in the supply chain, TSA and CBP are alerted of high-risk items that may be subject to extra inspection.

After nearly a decade of success under the ACAS pilot program, DHS decided to incorporate it into each respective agency’s pre-flight screening requirements. This interim final rule became effective immediately upon publication on June 12, 2018, while the comment period stayed open until August 13, 2018. Many comments were received and are currently being reviewed.

At CBP’s annual symposium, ACAS was discussed and these tips were offerred:

• There is a 12 month informed compliance period before enforcement
• The new mandatory requirements are “not meant to be a disrupter”
• Contact your client rep to use the test environment

The new requirements essentially make the previously optional program mandatory. These charts layout the new requirements which combine the current requirements with the pilot program’s requirements:

Questions about ACAS? Contact info@diaztradelaw.com today.

U.S. Customs & Border Protection (CBP)

• Assisted an importer in having $434,486.00 worth of goods seized returned to it in a RECORD 24 working days, with a signed settlement agreement with CBP in a record 17 working days!
• Assisted an importer in having $324,466.00 worth of goods seized for an underlying AES violation returned.
•  Assisted importers in filing prior disclosures that were accepted by CBP, advising of errors found, and avoiding substantial penalties.
•  Assisted importers in successfully responding to CBP 28’s and 29’s resulting in close outs, and no further enforcement action by CBP!
•  Assisted importers in creating and maintaining pre-compliance programs to evaluate intellectual property rights and pre-report merchandise to CBP resulting in expedited entry into the U.S. with no delays or examinations by CBP.

• Successfully assisted importers in keeping manifest data confidential.
• Post Importation Claim approved by U.S. Customs, resulting in refunds of over $400,000.00!
•  Successfully mitigated a $46,107.00 Liquidated Damages claim down to $768.00!
•  Successfully mitigated a $50,000.00 Liquidated Damages claim down to $10,000.00 and successfully negotiated with the surety to have them pay the mitigated amount!
•  Successfully mitigated a $75,980.00 Penalty for an underlying intellectual property rights violation down to $7,598.00!
•  Successfully mitigated a $75,633.12 Penalty for an underlying intellectual property rights violation down to $7,563.12!
•  Assisted numerous importers in recovering seized hoverboards back (without the non-compliance batteries).
•  Assisted numerous individuals in successfully appealing Global Entry denials and gaining access to the program, as well as filing Traveler Redress complaints, resulting in expedited entry into the U.S. without being sent to secondary.
•  Successfully petitioned CBP for the return of seized Polaris’s.
•  Successfully recorded a USPTO registered trademark with CBP for added protection at all U.S. borders.

U.S. Department of Commerce (DOC)

• Received two positive scope rulings from the DOC’s International Trade Administration (ITA) confirming our clients merchandise is outside of the scope of current AD/CVD orders and not subject to AD/CVD!

Cuba

• Received licenses from the U.S. DOC, Bureau of Industry and Security (BIS) for export of items to Cuba.
• Counseled clients on the legalities of doing business with Cuba.

Federal Maritime Commission (FMC)

• Assisted clients in successfully applying to the FMC for an Ocean Transportation Intermediary (OTI) license to operate as an Ocean Freight Forwarder and Non-Vessel Operating Common Carrier.

Transportation Security Administration (TSA)

• Assisted clients in successfully applying to the TSA for an Indirect Air Carrier (IAC) license.

U.S. Food and Drug Administration (FDA)

• Provided pre-compliance assistance to importers of cosmetics, drugs, and medical devices into the U.S. resulting in expedited entry into the U.S. with no delays or holds by CBP or FDA.
• Assisted numerous importers in registering with the FDA as importers of medical devices.
• Acted as U.S. Agent for numerous overseas manufacturers of food products imported into the U.S.

Customized Training Programs

DTC taught five customized training programs on the following topics:

• Cochran Program for Dominican Republic & Mexico, Discussion of CAFTA and Best Practices when Importing into the U.S.
• Update on U.S. Laws Regarding Commerce with Cuba.
• Importing into the U.S. and Lacey Act Compliance for Chile Week.
• In Partnership with the SBDC, Introduction to Importing into the U.S. and Import Compliance for Small Businesses

DTL spoke at 21 events in 2016, some highlights included speaking for:

• 2016 Americas Forum
• American Bar Association’s Section of International Law’s Spring Meeting in New York
•  Broward County Office of Economic and Small Business Development, 2016 Export Readiness Seminar
•  Caribbean Shipping Association
•  National Customs Brokers and Forwarders Association of America (NCBFAA)
•  FDANews
•  Nova Southeastern University
•  Miami Dade College
•  Cypress Creek Rotary Club
•  Florida International Trade and Cultural Expo (FITCE)
•  MYCLE

DTL would love to be your Customs and International Trade Law Expert! Contact us at info@diaztradelaw.com to schedule your consultation today.

The novelist Graham Greene once said that Havana was a city to visit, not a city to live in – well, now visiting just became far simpler.

On Thursday, July 6, 2016, eight airlines were granted a tentative approval from the U.S. government for flights between certain U.S. cities and Cuba’s capital, Havana.

The U.S. cities are Atlanta; Charlotte, N.C.; Houston; Los Angeles; Newark, N.J.; New York; and four in Florida — Miami, Fort Lauderdale, Orlando and Tampa. Of the 20 daily nonstop flights allowed to Havana, 14 will be from Florida.

The lucky airlines are Alaska, American, Delta, Frontier, JetBlue, Southwest, Spirit and United.

According to Transportation Secretary Anthony Foxx, the decision will not be final until later this year, after interested parties have had a chance to submit any formal objections to these tentative plans, and until any answers to those objections have also been submitted and reviewed. The comment period closed on July 15, 2016, and the answer period closed on July 22, 2016. Because comments were submitted during these two periods, the Department must take them into consideration before issuing its final order.

This tentative decision comes shortly after the Transportation Department announced in June its approval for six U.S. airlines to begin service as early as this fall to 9 other Cuban cities, including Cienfuegos and Matanzas, where Varadero Beach is located. If approved, the plan to authorize flights to Havana will require the airlines to begin service within ninety (90) days of the issue date of the final order. One final, there will be 110 DAILY flights from the U.S. to Cuba, as we previously reported here.

This is another significant step in the normalization of relations between the U.S. and Cuba, but as we have discussed in various other articles, Congress has not lifted the trade embargo against Cuba, this means U.S. travelers are still restricted in the reasons they can visit the island, and what they can take, and bring back.

Yet, despite these continued restrictions, travel is becoming easier as the administration has eased many of the rules regulating travel to the island. For example, as we explained here, visitors may now design their own “people-to-people” cultural exchange tours, with little oversight, and without the aid of travel agencies and programs. This shift however does not mean you should not diligently document the purpose and execution of your travel to the island, as we described here, it is prudent to save proof, for five (5) years, of how your visit met the approved purpose for which you traveled.

As of now, the first commercial flight is scheduled to be flown by Jet Blue Airways on August 31, 2016, with service from Ft. Lauderdale to Santa Clara. Initially, this route will be serviced Mondays, Wednesdays, and Fridays. Starting on October 1, 2016, this service will be daily. These newly approved flights mark the first commercial flights between the U.S. and Cuba in over fifty years, however, some airlines have been operating charter flights between the two countries for several years now, for example, American Airlines has been flying to Cuba since 1991 – last year American flew 1,084 such charter flights, followed by JetBlue with 221.

Change is taking shape in the U.S.’s normalization of diplomatic ties with Cuba, and our office is well positioned to help you take advantage of these changes and ensure you stay compliant. Please contact us at info@diaztradelaw.com with any questions.

The sequestration has created hard caps on the amount of government spending due to the government’s inability to compromise on a budget.  Prior to the sequestration, CBP stated that they would ensure that their core mission would not be compromised, and under no circumstances would CBP diminish their commitment to completing their responsibilities.  On March 11, 2013, CBP began sending furlough notices to all of its 60,000 employees as the agency aims to make $754 million in cuts required under the sequestration. The furloughs are set to begin on April 21, 2013 and continue through September 30, 2013.

These furloughs will…

• put full time employees on unpaid leave for no more than 14 workdays.
• pro-rate furlough time for part-time workers.
• freeze hiring
• reduce and eliminate overtime and compensatory time

CBP agrees the biggest hit to border security comes from cuts to overtime. CBP will see income cut by 40%. Partly as a result of having to take up to 14 unpaid days off work.

What should importer/exporters and those involved in international trade expect?

Cargo processing during arrivals/departures outside normal business hours may experience delays until the following business morning. This roll over of work may in turn provide for regular cargo processing delays which are expected to take from 30 minutes up to a few hours during regular working hours. The daily tasks completed by cargo processing are not expected to be reduced. However, additional work usually performed during normal overtime shifts will be added to these daily shifts thus providing for extra delays!

CBP has prioritized perishable goods due to the obvious health risks involved. Agricultural products will also be prioritized to avoid spoilage and delays of these delicate products. The Food and Drug Administration (FDA) has commented that they are not expecting any direct impact to their operations and will immediately notify the industry if they anticipate any negative effects to sequestration. For the Transportation Security Administration (TSA) at Fort Lauderdale Airport (FLL) overtime was immediately ceased, with the exception of security checkpoints. Staff has been kept on to accommodate delayed departing flights. TSA is still evaluating possible furloughs.

For now there are still many what-ifs, and that uncertainty is already taking its toll.

What can be done?  Advise Congress now on how CBP furlough’s will negatively impact your business.

If this appeals to you, which it definitely did for me, you’ll be pleased to know the Transportation Security Administration (TSA) is partnering with U.S. Customs and Border Protection (CBP) for TSA Pre-Check, an initiative that allows eligible passengers to qualify for expedited screening at participating airports.

U.S. citizens, who are members of a CBP Trusted Traveler program, including Global Entry, SENTRI, and NEXUS are automatically eligible to participate and receive expedited screening benefits for domestic travel through the TSA Pre-Check initiative. TSA Pre-Check benefits include keeping shoes, light outerwear and belts on, keeping laptops in their cases, and leaving the 3-1-1 compliant liquids/gels bag in one’s carry-on during screening through TSA security checkpoints.

Members interested in participating in TSA Pre-Check through their Trusted Traveler program membership must enter their PASS ID into the ‘Known Traveler’ field when booking a flight reservation or saving their PASS ID to their airline’s frequent flyer profile. Members can find their PASS ID either online by accessing their GOES account, or on the back of their membership card in the top-left corner.

When traveling on one of the TSA Pre-Check participating airlines, CBP Trusted Traveler members should remember to provide the airline with their full name, date of birth, and PASS ID exactly as it appears in their CBP Trusted Traveler program online account to ensure they are properly considered for TSA Pre-Check.

To learn more, visit Global Entry or TSA, you’ll be glad you did!

Disclaimer, I’ve been displeased as this is not sure proof. Don’t expect it to work 100% of the time, it doesn’t… But, when it does, you’ll be ecstatic!

U.S. citizens, who are members of a CBP Trusted Traveler program, including Global Entry, SENTRI, and NEXUS are automatically eligible to participate and receive expedited screening benefits for domestic travel through the TSA Pre-Check initiative. TSA Pre-Check benefits include keeping shoes, light outerwear and belts on, keeping laptops in their cases, and leaving the 3-1-1 compliant liquids/gels bag in one’s carry-on during screening through TSA security checkpoints.
Members interested in participating in TSA Pre-Check through their Trusted Traveler program membership must enter their PASS ID into the ‘Known Traveler’ field when booking a flight reservation or saving their PASS ID to their airline’s frequent flyer profile. Members can find their PASS ID either online by accessing their GOES account, or on the back of their membership card in the top-left corner.

When traveling on one of the TSA Pre-Check participating airlines, CBP Trusted Traveler members should remember to provide the airline with their full name, date of birth, and PASS ID exactly as it appears in their CBP Trusted Traveler program online account to ensure they are properly considered for TSA Pre-Check.

To learn more, visit www.globalentry.gov or www.tsa.gov, you’ll be glad you did!

Disclaimer, I’ve been displeased as this is not sure proof. Don’t expect it to work 100% of the time, it doesn’t… But, when it does, you’ll be ecstatic!

How Can Your Supply Chain Remain Streamlined?
There is an Air Cargo Advance Screening [ACAS] pilot strategic plan underway to keep global supply chains efficient. ACAS is a voluntary initiative allowing carriers, forwarders and shippers to submit electronic data about cargo before it is shipped.  TSA and CBP will have a fast and efficient new ways to screen vast amounts of cargo and zero-in more quickly on which specific items require further scrutiny, and which cargo items are cleared to get in the air faster.

Recently, at the AirCargo 2012 conference in Miami, CBP Deputy Commissioner Thomas Winkowski stated “[t]his is our new roadmap. . .this will lead everyone in this room toward a better, more secure way of moving cargo by air. . . To date, we have successfully processed 14 million transactions and proved that the system works.” Of those 14 million transactions, less than one percent required further scrutiny. Winkowski stated “ACAS is a game changer.”

For more information regarding how these changes will affect your company’s global supply chain beginning this December, or updates on the ACAS program’s implementation and how to apply, contact attorney Jennifer Diaz at (305) 260-1053 or JDiaz@becker-poliakoff.com.

Jennifer Diaz is the Chair of the Customs and International Trade Department at Becker & Poliakoff, P.A. She earned her J.D. from Nova Southeastern University Shepard Broad Law Center. Jennifer is admitted to practice law in the state of Florida and is board-certified in International Law by the Florida Bar.

While the TSA regulations specifically prohibit the carrying on board an aircraft, or even into the airport, any weapon or explosive device, a particular passenger had a pepper spray pen with him. The pepper spray pen was not detected by the TSO when the passenger’s body and luggage went through those radiation-emitting devices.

That is bad enough, but what the passenger did next was a mistake. After passing through TSA, he then approached the crew of the aircraft at his gate of departure, and handed over the pepper spray pen to the gate agents with some sort of statement that the TSOs did not detect the pen during the screening process.  Predictably, the passenger was then approached by law enforcement, interrogated, and not allowed to fly on that aircraft. The passenger subsequently received a Letter of Investigation from the TSA with the threat of a $11,000 penalty for attempting to compromise a security system utilized by TSA.

Seems to me that the gate agents and TSA should simply have said “thank you” to the passenger for turning over the pepper spray pen, rather than going on a witch hunt.  Perhaps the lesson the TSA wants to get across to people is not to tell the truth. If the passenger had kept his mouth shut, he would have kept his pepper spray pen, not missed his flight, and not have to pay a potential penalty of $11,000.  Plus, I guess now the TSOs will start yelling at passengers that the list of prohibited items includes pepper spray pens.

One more thing.  While it is prohibited to carry on board an aircraft any pepper spray, you may still transport it in your checked luggage, according to the TSA website.

A quick chronology is important.  On Aug. 3, 2007, President Bush signed into law the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act). The 9/11 Act required TSA to establish a system for the air cargo industry to screen 100% of cargo transported on passenger aircraft in the United States at the piece level.  That goal was achieved in August 2010.

This webinar is a natural follow-up to my April 7, 2010 blog post entitled “TSA 100% CARGO SCREENING RULE EFFECTIVE AUGUST 1, 2010.”  It is just over 6 months since the TSA had implemented its 100% cargo screening requirement, so it’s time for a check-up. While Marc Rossi will focus on the operational requirements of 100% air cargo screening as part of the Certified Cargo Screening Program (CCSP), I will focus on the legal requirements of the TSA for IACs, as well as explain how to respond to a TSA Letter of Investigation and a TSA Notice of Proposed Penalty for any alleged failure to comply with some TSA requirement.

The 100% Air Cargo Screening by TSA – How’s it Going 6 Months Later? webinar is sponsored by the National Customs Brokers and Forwarders Association of America (NCBFAA), and you may participate in the webinar by registering on-line, or calling (202) 466-0222 .