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The PT Law Blog

New GAO Report: Management Enhancements Needed to Improve Efforts to Detect and Deter Customs Duty Evasion

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Sunday, 20 May 2012 09:38

Last week the U.S. Government and Accountability Office (GAO) issued a report that, in part, concluded that "to enhance CBP's efforts to address AD/CV duty evasion and facilitate oversight of these efforts, GAO makes several recommendations, including that CBP create a policy and a mechanism for information sharing among ports regarding the use of higher bond amounts and develop and implement a plan to track and report on these efforts. CBP and the Department of Commerce generally concurred with GAO's recommendations."

The report was requested by U.S. Senators Ron Wyden and Olympia Snowe of the Senate Fianance Committee, Subcomittee on International Trade, Customs, and Global Competitiveness.

Read more... [New GAO Report: Management Enhancements Needed to Improve Efforts to Detect and Deter Customs Duty Evasion]
 

Amendment Approved by the House of Representatives to Prohibit USG from Contracting with Businesses That Do Business with State Sponsors of Terrorism

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Saturday, 19 May 2012 11:14

This week the U.S. House of Representatives approved an amendment to the National Defense Authorization Act (NDAA) that would prohibit federal government agencies from contracting for goods or services from any person or business that does business with a U.S.-designated State Sponsor of Terrorism. The amendment was sponsored by Rep. David Rivera (R-Fla.).

According to a press release issued by Rep. Rivera's office:

"This amendment would prohibit businesses that engage in business activity with terrorist nations—those nations that have been officially designated as sponsor of terrorism by our own government—from contracting and procurement opportunities with the Department of Defense. This is an issue of protecting not only American security, but protecting American jobs." Congressman Rivera said.

You can read more about it here.

 

 

Space News: Sponsors To Push Export Control Legislation as Part of Defense Authorization Bill

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Sunday, 13 May 2012 09:05

According to a recent article in Space News, export control reform legislation may be take up by the House of Representatives as soon as next week.  The measure would focus on a small component of the larger export control reform efforts: satellite components. 

In the article, an unnamed Congressional staffer says: “The defense authorization act, one of those must-pass bills, is going to be on the House floor next Wednesday,” the staffer said May 10 here at a meeting of the Federal Aviation Administration’s Commercial Space Transportation Advisory Committee (Comstac). “One of the things Mr. Berman and others would like to do is to attach the content of this bill as an amendment to that bill.”

You can read the entire Space News article, here

 

New Jersey Companies and USG Enter Consent Agreement Over Export Control Violations

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Sunday, 08 April 2012 11:38

Last week the the Department of State announced that it had reached an "administrative agreement with Alpine Aerospace Corporation and TS Trade Tech Incorporated of New Jersey to resolve violations of the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR) related to the export of significant military equipment."

According to documents published by the State Department Alpine "engaged in six exports of parts for use on a Hawk missile system, and in a separate violation, failed to obtain a DSP-83 Non-Transfer and Use Certificate for these exports. Alpine cited an existing export license on export control documents for the exports which did not, in fact, authorize the export of parts for the Hawk missile system [to South Korea]. TS Trade engaged in one export of aircraft parts and associated equipment without authorization."

Additional information is available here.

 

A Process to Begin Settling American Certified Claims Against Cuba

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Tuesday, 28 February 2012 16:26

Mauricio J. Tamargo

The current commerce and travel being transacted between Cuba and the United States  should be subjected to a fee to be used to settle the debt Cuba owes our fellow Americans  with certified claims. Settling and paying these claims will achieve a goal of both the pro-Cuba sanctions and the anti-Cuba embargo supporters, while simultaneously removing a significant obstacle to making progress in U.S. - Cuba relations.

This proposed solution calls for imposing at least a 10% fee on the value of all transactions between the U.S. and Cuba, including travel, sales or transfer of goods, services, and commodities, and remittances. Funds raised from this fee will be used to create a settlement fund at the Department of the Treasury.  Americans with certified claims can tap this settlement fund for payments to fully satisfy the debt owed to them, including interest, in accordance with the certified claim issued to them by the Foreign Claims Settlement Commission, at the Department of Justice.

jebel_ali_port_1_imresoltResolving these claims is neither a pro nor anti economic sanctions proposal. It simply helps fellow Americans, who have been forgotten in this Cuba policy debate, find justice and peace at a time when many of them could use this compensation to find closure and start a new. There are 5,913 certified and pending American claims against the government of Cuba which are currently valued at over $7 billion that have gone unpaid for over 50 years. These claims are based on real and personal property expropriated by the communist government of Cuba without compensation. These claims were all evaluated and certified by the Foreign Claims Settlement Commission, which I chaired for eight years, under the first and second Cuba Claims Programs.

Claims programs are not designed to remain unpaid for 50 years. Frankly, having the Cuba Claims Program go unpaid for 50 years makes a mockery of the international claims process. Typically these programs are settled after a few years and, while it may take a little longer, half a century sets a new and untenable precedent for future claims programs.

Read more... [A Process to Begin Settling American Certified Claims Against Cuba]
 

Japan Eases Military Export Control Laws, Clouds JSF Sales

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Friday, 30 December 2011 10:58

Accoring to the Australian newspaper The Canberra Times, there are concerns that Japan's recent easing of export control laws could hurt Australian defense contractors participating in the Joint Strike Fighter (JSF) program. Japan recently announced that parts Japanese companies were making in Japan for use on the JSF would be available for planes in other countries.  Follow this link to read the complete story, "Australian bids for JSF work put in jeopardy."

 

 

US Government Sanctions Maltese Entities with Ties to Iranian Shipping

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Tuesday, 20 December 2011 19:03

The U.S. government announced today that one individual and ten (10) shipping companies located in Malta have been sanctioned for having links to the Islamic Republic of Iran Shipping Lines (IRISL). IRISL is a specially designated national (SDN) under U.S. law.

Under Secretary of the Treasury for Terrorism and Financial Intelligence David S. Cohen said "[a]s IRISL and its subsidiaries continue their deceptive efforts to escape the grasp of U.S. and international sanctions, we will continue to take action—as we are today—to expose the front companies, agents and managers working with IRISL and work to stop this illicit business."

For sevearal years, "IRISL has facilitated shipments of military-related cargo destined for Iran's Ministry of Defense and Armed Forces Logistics (MODAFL) and its subordinate entities, including organizations designated by the United States for sanctions pursuant to Executive Order (E.O.) 13382 and listed in United Nations Security Council Resolutions 1737 in 2006, 1747 in 2007, and 1929 in 2010. The Department of State designated MODAFL pursuant to E.O. 13382 in October 2007, and the Treasury Department designated IRISL in September 2008," the release added. 

For more information, visit the Treasury Department website.

 

Proposed ITAR Brokering Rules Published This Week

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Tuesday, 20 December 2011 11:14

by Jason Poblete

This week the Department of State published a much anticipated proposed rule to amend Part 129 of the International Traffic in Arms Regulations (ITAR) relating to brokers and brokering activities.

According to the Federal Register notice, "[t]he proposed revisions are intended to clarify registration requirements, the scope of brokering activities, prior approval requirements and exemptions, procedures for obtaining prior approval and guidance, and reporting and record-keeping of such activities." You can download a pdf-version of the proposed regulations by following this link

Read more... [Proposed ITAR Brokering Rules Published This Week]
 

Major changes to Harmonized System (HS) taking place in 2012

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Sunday, 18 December 2011 12:01

Is your company ready for the upcoming changes in HS 2012?

The end of 2011 is upon us and we wanted remind our clients of the major changes that are being made in 2012 to the Harmonized Tariff Schedule of the United States (HTSUS). These changes take place every five years or so. According to the latest information from the U.S. Government, the World Customs Organization's (WCO) recommended changes to the Harmonized System (HS) are scheduled to take effect on or about January 2012. The majority of these changes are in the food-related chapters (1-21); however, important changes will be made to the following chapters as well:

Read more... [Major changes to Harmonized System (HS) taking place in 2012]
 

Proposed Export Rules for Gas Turbines & Vehicles, Public Comment Until Jan 2012

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Friday, 09 December 2011 11:39

This week the U.S. Government published two proposed rules that address gas turbine engines, vehicles, and related items that the President determines no longer warrant control on the United States Munitions List (USML).

The comment period for both sets of rules closes on January 20, 2012. The State Department proposed rules are available here (gas turbines) and here (vehicles); and the Commerce Department proposed rules are available here (gas turbines) and here (vehicles).

 
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