Even as COVID-19 delays some advances in trade facilitation -- such as being able to use a single window to export into Canada -- the U.S.-Mexico-Canada Agreement has good news for it, panelists said during a Dickinson Wright webinar May 28.
A Texas man pleaded guilty to involvement in a scheme to illegally export 17 million cigarettes to Mexico, U.S. Immigration and Customs Enforcement said May 26. The cigarettes originated from a warehouse controlled and operated by Jose Francisco Guerra, who authorities later discovered owned a second warehouse with contraband cigarettes. The warehouses contained nearly 423 million contraband cigarettes destined for export to Mexico, ICE said. Authorities uncovered the scheme when they stopped a tractor trailer heading to Mexico with the cigarettes and a falsified shipping manifest, ICE said. The cigarettes on the truck also did not have “the applicable tax stamp” required by Texas law. As part of his plea, Guerra agreed to forfeit his customs broker license and various equipment and assets. The total value of the seized equipment and assets was about $88 million, ICE said. Guerra faces up to 10 years in prison and a potential $250,000 fine.
The State Department issued statutory debarment for 23 people for violations of the Arms Export Control Act, the agency said in a notice. The State Department stressed that they are blocked from participating in activities regulated by the International Traffic in Arms Regulations, including brokering activities, exports and temporary imports. The debarment period will last for three years, at which time the people can apply for reinstatement of export privileges, the agency said. If their export privileges are not reinstated, they remain debarred.
Many details needed for the uniform regulations and the final implementing instructions for the U.S.-Mexico-Canada Agreement remain under discussion, agency officials said on May 14. Many specifics have not been agreed to, either between Mexico, Canada and the U.S., between the Office of the U.S. Trade Representative and the auto industry, or between CBP and USTR. “There's still even discussions with USTR and the [auto] industry on what constitutes a core part,” Maya Kumar, director for textiles and trade agreements, told members of the trade community on a conference call.
The Treasury Department, the State Department and the Coast Guard issued a May 14 guidance on illegal shipping and sanctions evasion practices by Iran, North Korea and Syria. The guidance aims to help traders in the maritime industry -- including the energy and metal sectors -- avoid doing business with customers trying to avoid U.S. sanctions. The 35-page guidance updates previous shipping advisories, including a guidance on illegal North Korean ship-to-ship transfers (see 1903210052).
CBP is using a new center focused on implementation of the U.S.-Mexico-Canada Agreement to help with the process, the agency said in a May 11 news release. “Staffed with CBP experts from operational, legal, and audit disciplines, as well as with virtual representatives from Canadian and Mexican customs authorities, the USMCA Center is a cornerstone of CBP’s USMCA implementation plan and will serve as a central communication hub for CBP and the private sector community, including traders, brokers, freight forwarders and producers, ensuring a smooth and efficient transition from the North American Free Trade Agreement to USMCA,” it said.
The National Customs Brokers & Forwarders Association of America said that CBP told members of the trade community that very little of the personal protective equipment subject to export oversight is being slowed on its way out of the country. The CBP official said that out of 1,000 shipments, it is reviewing 100 and holding 10.
Governments should suspend certain licensing requirements, expedite customs clearances and provide relief from customs penalties during the COVID-19 pandemic, the World Customs Organization's Private Sector Consultative Group said in comments released April 16. Such measures should be adopted by countries across the globe to provide relief for the struggling trade community and to help trade continue to flow, the PSCG said.
The National Customs Brokers & Forwarders Association of America seeks clarification from CBP on a number of issues related to implementation of a ban on exports of personal protective equipment (PPE) recently announced by the Federal Emergency Management Agency (see 2004080018), according to an NCBFAA letter dated April 10. The letter includes questions on the scope of the FEMA notice, including the application of the ban to bonded transactions like warehouse withdrawals and goods in foreign-trade zones, as well as procedures for handling exports of covered PPE, such as processes for requesting FEMA authorization and contact information for FEMA. The letter also requests information on forwarder responsibilities under the policy and forwarder liability for detained PPE shipments. At least one of the questions, on whether the ban applies to exports to Canada and Mexico, was answered by an internal CBP memo dated April 9 that said exports to the two countries are exempt (see 2004090069).
The United Arab Emirates introduced several measures to ease the COVID-19 pandemic's impact on trade and investment, according to an April 7 report from the Hong Kong Trade Development Council. The measures include a refund of 1% of the customary 5% customs duty charged to imported goods for sale in the UAE; this applies to imports between March 15 and June 30, 2020. The UAE also introduced an exemption from the regular (starting March 24) the requirement to pay a $13,600 cash deposit on customs brokering activities, the report said, and fees imposed for submitting customs documents will be reduced by 90%. A hold has been put on customs audits, and social distancing measures have been introduced in free-trade zone application processing.