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Newly Proposed FMC Regulations

On May 31, 2013 the Federal Maritime Commission (“FMC”) published proposed changes to the rules regulating Ocean Transportation Intermediaries (“OTI’s”) and Non-Vessel-Operating Common Carriers (“NVOCC’s”). The 60-day comment period ended on July 30, 2013 and the Final Publication is expected to be released sometime in December 2013 with the effective date sometime in February 2014. We have created an easy […]

Shipping Act Violations: FMC Informal Small Claims

Part of the Federal Maritime Commission’s (FMC) job is to regulate international ocean transportation as it relates to U.S. exporters, importers and consumers.  One way the FMC fulfills its mission is by protecting the trading community from financial harm through dispute resolution and proceedings.  The FMC can hear disputes that arise under the Shipping Act of 1984 as amended by […]

TRADE POLICY: OBAMA vs ROMNEY

International trade is vital to our economy, so much of the debate in the upcoming Presidential election has surrounded the candidates’ foreign trade policies. President Barack Obama (D) and his challenger, Governor Mitt Romney (R), have each publicly stated support for free trade; however their trade philosophies are very different.   President Obama introduced the National Export Initiative (“NEI”) in […]

The OSCARs: Creating Greater Efficiency in Transpacific Agricultural Shipping

The United States Department of Agriculture has teamed up with members of the Westbound Transpacific Stabilization Agreement[1] to enhance shipping and exports in the agricultural market by creating weekly projected equipment and container availability reports designed to increase efficiency and transparency of containers flows. Current carriers including data for the initiative are APL, COSCO, Evergreen, Hanjin Shipping, Hapag Lloyd, Yang […]

Rail and Ocean Carriers: Transition to the ACE e-Manifest

Customs recently published an important reminder for all rail and sea carriers regarding the impending transition from the Automated Manifest System (AMS) to the Automated Commercial Environment (ACE) e-Manifest system.  As you’re probably aware, ACE is the gradual consolidation and automation of Customs’ current border processing systems, which is being implemented through the constantly-improving ACE Secure Data Portal.  In August […]

Wholesalers To Colombia Beware: Your Business Could Be Part Of An International Money-Laundering Scheme

The Black Market Peso Exchange (BMPE) is a long lived and widely used method for converting Colombian pesos into US dollars and vice versa.  Boasting the ability to exchange money at a much lower rate, the BMPE evolved from the black market exchange that existed in Colombia for decades and was used by legitimate businessmen and drug dealers alike for […]

Behind the Scenes: CBP Fines, Penalties, and Forfeitures Processes

Yesterday, the American Bar Association’s Section of International Law hosted a program for its members to hear from and speak directly with CBP Office of Regulations and Rulings, represented by Chief of the Penalties Branch, John Connors.  Mr. Connors told the group in attendance (live and via phone conference) that while he is not authorized to discuss recent or pending […]

Customs and Border Protection Meets the 21st Century: Highlighting U.S. Initiatives to Modernize International Trade at Our Borders

U.S. Customs and Border Protection has been in the process of transforming and modernizing its trade initiatives for the 21st century with stated goals of seeking “to improve cargo security while increasing trade competitiveness” by means of “fully aggregating risk management.”[1]  This goal seems vague, but essentially, CBP is making efforts to consolidate trade processing at our borders.  Some of […]

CBP Recordkeeping Requirements: UPDATE!

A long-overdue modification of CBP’s recordkeeping requirements has been announced this week, with an anticipated effective date of January 11, 2013.  Current regulations require that all records are to be kept “within the broker district that covers the Customs port to which they relate,” a requirement which severely complicates the recordkeeping process for many companies. The new regulations will eliminate […]

FMC Simplifies Negotiated Rate Arrangements

The Federal Maritime Commission revised its Negotiated Rate Arrangement (NRA) regulations to reduce recordkeeping requirements.   With immediate effect, the FMC is a) eliminating the requirement for the shipper’s title and address in their written assent to rates, b) eliminating the requirement that the bill of lading include a notice that a shipment is moving pursuant to an NRA; and c) […]