GSP to be Renewed Retroactively
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP / http://gdlsk.com/firm-news/352-gsp-to-be-renewed-retroactively.html
On June 25, 2015, Congress approved H.R. 1295 – the Trade Preferences Extension Act of 2015 (the “Act”).
Once signed into law by the President, the Act will renew the Generalized System of Preferences (GSP) preferential duty program, which expired on July 31, 2013. The renewal will be retroactive, meaning that otherwise-eligible GSP merchandise entered between July 31, 2013, and the effective date of the law will be eligible for refunds of duty.
Importantly, the duty refunds will not be automatic, as had been the case with prior reauthorizations of GSP that occurred following lapses in the program. The Act provides that importers will need to file a refund “request” with CBP. We anticipate that Customs will issue a directive establishing guidelines for filing refund requests. The Act states that such refund requests must be filed within 180 days of the effective date of the law, which will be 30 days after the bill is signed by the President. Under the Act, refunds will be issued within 90 days of liquidation or reliquidiation. Interest will not be included in the refunds. Given that Customs will need to review refund requests covering nearly two years of entries, refund delays can be expected.
The Act contains a number of other provisions including an extension of the African Growth and Opportunity Act (AGOA) through September 30, 2025, an extension of Trade Adjustment Assistance (TAA) and some tariff classification modifications regarding recreational performance outerwear and protective active footwear.
Commission Takes Action on Several Regulatory Matters
U.S. Federal Maritime Commission / http://www.fmc.gov/NR15-09/
The Commission voted at its meeting today to take several actions including release of a staff report on U.S. port congestion and related international supply chain issues, and ordering submission of certain data and information from members of the Pacific Ports Operational Improvement Agreement.
Release of 2nd Staff Report on U.S. Port Congestion: The Commission voted to release a staff report entitled: "U.S. Port Congestion & Related International Supply Chain Issues: Causes, Consequences & Challenges." A synopsis of stakeholder viewpoints expressed across the forums held by the Commission at major gateway ports in the Fall of 2014, the report highlights six major themes discussed – investment and planning; chassis availability and related issues; vessel and terminal operations; port drayage and truck turn-time; extended gate hours, PierPASS and congestion pricing; and collaboration and communication. The report will be posted on the Commission’s website in the near future.
Pacific Port Operational Improvement Agreement, FMC No. 201227: Separately in its closed session, the Commission directed staff to prepare for consideration and approval, an order to require the ocean carrier members of the PPOIA agreement to submit certain data and information relevant to the Commission’s oversight responsibilities and further assessment of the competitive impact of the agreement.
New rules proposed: The Commission also voted to issue two new rulemakings. It voted to issue a notice of proposed rulemaking requesting public comment to implement statutory amendments made by the Howard Coble Coast Guard and Maritime Transportation Act of 2014 that permits attorney fees to be awarded to the prevailing party in any Shipping Act complaint proceeding, establishes term limits for future FMC Commissioners, limits the amount of time a future Commissioner can serve beyond the end of their term, and establishes conflict-of-interest restrictions for current and future Commissioners. The Commission also voted to issue a Direct Final Rule that would amend and modernize its regulations on access to Commission information and records and it regulations implementing the Freedom of Information Act including a modification to the criterial for granting expedited processing of requests.
Petition No. P1-14, United Arab Shipping Company: Finally, the Commission voted to grant United Arab Shipping Company’s petition for an exemption from the requirements of 46 U.S.C. § 40703 so that it may lawfully reduce its tariff rates, charges, classifications, rules or regulations effective upon publication.
Chairman Cordero commented: "The Commission has moved forward with phase II of our study on congestion. By all accounts, congestion is a central question today and will be tomorrow should we as a nation not address the vital needs and concerns of our port gateways and supply chain stakeholders. The Commission’s mission is to foster a fair, efficient, and reliable international ocean transportation system and protect the American shipping public from unlawful, unfair or deceptive practices. Accordingly, release of the staff report on U.S. port congestion facilitates solutions to congestion-related problems, the FMC will continue its mandate to monitor and address potential violations of the Shipping Act."
The Federal Maritime Commission is the federal agency responsible for regulating the nation’s international ocean transportation for the benefit of exporters, importers, and the American consumer. The FMC’s mission is to foster a fair, efficient, and reliable international ocean transportation system while protecting the public from unfair and deceptive practices.
CBP Agriculture Specialists at Miami International Airport Seize Poultry Hatching Eggs
U.S. Customs & Border Protection / http://www.cbp.gov/newsroom/local-media-release/2015-06-19-000000/cbp-agriculture-specialists-miami-international
MIAMI - U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO) agriculture specialists at Miami International Airport seized a shipment of hatching eggs arriving last Friday in an express mail package from Brazil.
Agriculture specialists selected the package, which was manifested as “Handicraft Gifts,” for inspection after unusual items were viewed on the X-ray. While performing an enforcement examination of the package, agriculture specialists discovered five individual hatching eggs.
Verification was made through the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) that this shipment was in fact hatching eggs and that it lacked the proper import permit.
Hatching eggs are of concern to CBP due to their ability to carry highly contagious diseases.
“Our CBP agriculture specialists work tirelessly to uphold CBP’s agriculture mission. They know what to look for and they know the consequences of intentional or unintentional entry of biological threats into the United States,” said Miami International Airport Port Director Christopher Maston.
CBP agriculture specialists have extensive training and experience in the biological sciences and in the inspection of agricultural commodities.
On a typical day, CBP agriculture specialists inspect tens of thousands of international air passengers, and air and sea cargo nationally being imported to the United States seizing 4,447 prohibited meat, plant materials or animal products.
Illegal Ivory Crushed to Show World that U.S. Won't Tolerate Wildlife Trafficking
U.S. Fish & Wildlife Service / http://www.fws.gov/
Watch Video
In an effort to crush what Secretary of the Interior Sally Jewell called the "bloody ivory market," the United States destroyed more than one ton of confiscated elephant ivory on Friday in New York's Times Square. In two crushes, the United States has pulverized more than seven tons of seized illegal ivory, signaling its determination to end the poaching and trafficking epidemic that threatens to wipe out the African elephant and a host of other species around the globe.
News Release:
NEW YORK – U.S. Secretary of the Interior Sally Jewell today joined U.S. Fish and Wildlife Service (FWS) Director Dan Ashe and other leaders to destroy more than one ton of confiscated elephant ivory in New York’s Times Square, sending a clear message that the United States will not tolerate wildlife crimes that threaten to wipe out the African elephant and a host of other species around the globe. The crush was conducted in partnership with the State of New York, the Wildlife Conservation Society (WCS) and New York State Senator Brad Hoylman (Manhattan).
Secretary Jewell, who serves as chair of the White House Advisory Council on Wildlife Trafficking, Director Ashe and thousands of onlookers witnessed an industrial rock crusher, generously donated by Powerscreen, crush raw and carved ivory tusks and statues. The event was the latest in a series of actions by the Obama Administration designed to crack down on both the demand and supply that feeds international poaching and wildlife trafficking rings.
“Today’s ivory crush serves as a stark reminder to the rest of the world that the United States will not tolerate wildlife crimes, especially against iconic and endangered animals,” said Secretary Jewell. “The message is loud and clear: This Administration will stop the poachers in their tracks, stop the profits and work with our international partners to protect our global natural heritage.”
The Times Square ivory crush builds on momentum generated by the FWS’s initial destruction of six tons of contraband ivory in November 2013. Since then, nine governments have followed suit to destroy ivory. Campaigns to reduce demand for ivory domestically and overseas and to strengthen international laws and enforcement have further elevated the issue of wildlife trafficking globally.
In July 2013, President Barack Obama signed an executive order to combat wildlife trafficking. The order established an interagency Task Force and charged it with developing a National Strategy for Combatting Wildlife Trafficking. With input from an advisory council of experts on wildlife trafficking, the Task Force set forth a robust government approach that focuses on three key objectives to stop wildlife trafficking: strengthening enforcement, reducing demand for illegally traded wildlife, and expanding international cooperation.
“Regardless of their country of origin, we all lose if elephants, rhinos, tigers and other iconic animals disappear. The only way we will save them is together through a concerted global effort to end the scourge of wildlife trafficking and the devastation it brings to these animals,” said U.S. Fish and Wildlife Service Director Dan Ashe. “Today, the United States underscored its commitment to winning this fight, and we call on all nations to join us by destroying their confiscated ivory stockpiles, enacting and enforcing strong regulations protecting wildlife from illegal trade, and reducing demand.”
“Under the leadership of Governor Cuomo, New York has taken a stand against a dangerous and cruel industry by strengthening criminal and civil penalties for ivory buyers and sellers whose actions are endangering elephant populations worldwide,” said New York State Department of Environmental Conservation Commissioner Joe Martens of New York’s 2014 law banning the sale of both elephant and mammoth ivory. “New York is proud to host today’s ivory crush—a clear reminder that we will not allow the illegal ivory trade to continue in the Empire State. I urge other states and nations to follow New York’s lead and join us in working to protect these endangered species for generations to come.”
“Today, we are not just crushing illegally poached ivory; we are crushing the bloody ivory market,” said WCS President and CEO Cristián Samper. “We are crushing any hopes by the poachers that they will profit by killing off our Earth's majestic elephants. This international and violent crime is threatening the elephants as well as people and communities, and the United States continues to show great leadership with today's ivory crush in Times Square. Criminals, take notice.”
Event attendees included Congresswoman Grace Meng (NY-6); Congressman Steve Israel (NY-3); U.S. Customs and Border Protection Commissioner R. Gil Kerlikowske; Executive Vice-President of the Wildlife Conservation Society John Calvelli; New York State Senator Brad Hoylman (Manhattan); Major Joseph Schneider, Acting Director, Division of Law Enforcement at the New York State Department of Environmental Conservation; and noted celebrities.
“I wrote to the U.S. Fish and Wildlife Service to request an ivory crush in Times Square in my district because New York City is the epicenter of the illegal ivory trade. An elephant is killed every 15 minutes,” said State Senator Brad Hoylman. “If we are to protect this magnificent species from extinction we need to raise awareness about the trade of illegal ivory and choke off consumer demand. I applaud the Obama administration, U.S. Fish & Wildlife Service, the Wildlife Conservation Society and the New York Department of Environmental Conservation for their steadfast commitment to ending the trade of elephant ivory and thank the Times Square Alliance for their support of today's historic ivory crush in Times Square.”
“Today’s ivory crush in Times Square demonstrates to the world that New York and the United States are committed to eradicating the illegal ivory trade,” said U.S. Rep. Israel. “I am proud to be a leader in Congress on preventing wildlife trafficking and will continue working to protect these vulnerable species and stop the flow of funds to terrorist networks.”
“Today’s ivory crush is a huge boost in raising greater awareness about the cruel and horrific practice of elephant poaching, and it will remind the world that the U.S. will continue its fight against wildlife trafficking,” said U.S. Rep. Meng.”It also sends the message loud and clear that this type of illegal activity will not be tolerated. I thank Secretary Jewell, Director Ashe, WCS, State Senator Hoylman and all who played a role in organizing this important event, and I applaud all who are taking part in it. In addition to the conservation issues, ivory trafficking is directly tied to the funding of transnational terrorism and crimes. This is why each year since I was elected to Congress, I have led the bipartisan charge for funding critical global biodiversity and conservation programs affecting wildlife trafficking.”
Much of the ivory destroyed at today’s event was confiscated from the Philadelphia, Pa., store of Victor Gordon, an art and antiques dealer who, in 2012, pleaded guilty in U.S. federal court to smuggling African elephant ivory into the U.S. The seizure was one of the largest of elephant ivory on record nationwide. Other ivory crushed today was seized in other operations by the FWS, the New York State Department of Environmental Conservation, and the Los Angeles Police Department. All ivory that has been illegally traded can never be sold in the U.S. market.
African elephants are listed as threatened under the Endangered Species Act and further protected under the African Elephant Conservation Act. Trade of these animals and their parts is also regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) – a global agreement through which the U.S. and 180 other nations work to protect species at risk.
Although some African elephant ivory (including lawfully hunted trophies and certain other noncommercial items that meet specific requirements) can be imported, the U.S. prohibits commercial imports and further regulates domestic trade of both raw ivory and ivory products. The FWS is currently evaluating ways to further strengthen its elephant ivory trade controls. Many states, including New York, have also enacted strong legislation to ban the sale of ivory.
Law enforcement efforts include the recent expansion of FWS’ presence overseas by placement of full-time personnel in Thailand and impending placement of personnel in Peru, Botswana, Tanzania and China. In addition, collaboration between conservation organizations, government agencies, private organizations and local communities supports on-the-ground initiatives to conserve and manage wildlife through improved anti-poaching patrols, monitoring, habitat management, community-based initiatives and other effective conservation programs.
For more information about today’s event, including high-resolution images, b-roll and messages from supporters of the crush, and to learn more about the plight of African elephants and global efforts to save them from poachers and the illegal ivory trade, visit http://www.fws.gov/le/elephant-ivory-crush.html.
The following organizations, critical in the fight against wildlife crime, also partnered to undertake today’s ivory crush: the African Wildlife Foundation, Humane Society of the United States, International Fund for Animal Welfare, Natural Resources Defense Council and World Wildlife Fund.
ICE-DMV Partnership Combating Identity, Document Fraud
U.S. Immigrations & Customs Service (ICE) / http://www.ice.gov/news/releases/ice-dmv-partnership-combating-identity-document-fraud
If you walk into your local Department of Motor Vehicles office (DMV) on any given day, you’ll most likely find a crowd of people waiting to get a new license or updating their vehicle registration.
What many aren’t aware of is that while they’re waiting in anticipation of their number to be called there may be document and identity fraud taking place just a few feet away.
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) identified a potential vulnerability in which DMV employees exploit their positions by selling DMV-issued identification documents for financial gain. The access DMV employees have to the tools and technology needed to produce identity documents has been exploited by criminals who seek these documents to mask their identities and commit crimes ranging from narcotics trafficking, firearms distribution, and murder to even terrorist acts.
With these factors in mind, in December 2009, HQ HSI Identity and Benefit Fraud Unit (IBFU) launched a national outreach campaign to raise awareness about potential employee misconduct at DMV facilities. HSI Special Agent Keith Fowler, a National Program Manager within the IBFU, was charged with implementing and overseeing the outreach campaign.
According to Fowler, the IBFU strategy was to create awareness among DMV employees, law enforcement and the public of the seriousness of fraud schemes perpetrated at DMV facilities. The IBFU and the ICE Office of Public Affairs developed a poster, a brochure and two short videos titled “Do the Right Thing – Stop Document and Identity Fraud” and “HSI and DMV – A Partnership that Works” to support the outreach campaign. The outreach materials provide guidance to DMV employees by promoting accountability and vigilance. IBFU’s participation in regional and international DMV conferences provided additional opportunities to publicize and disseminate the outreach campaign throughout the United States and Canada via speaking engagements and exhibit booths. Training sessions, participation in working groups and consistent stakeholder engagement were also goals of the Campaign.
With a plan in place, the next challenge establishing effective working relationships with the various DMVs around the U.S. The answer came in the form of the American Association of Motor Vehicle Administrators (AAMVA), an association that represents state and provincial members in the United States and Canada who administer and enforce motor vehicle laws.
“Our connection to AAMVA enabled us to speak directly to the DMV Administrators, resulting in their willingness to participate in the outreach campaign,” Fowler said. “Additionally, a consistent message of partnership with an emphasis on conducting joint investigations demonstrated to the DMV community HSI’s commitment to combat driver license document fraud.”
The relationships established during the outreach campaign have enabled its continuous growth with outreach materials being sent to every state at the request of the Administrators themselves.
Dean Reynoldson, Director of the Kansas Department of Revenue (KDOR), which oversees the state’s DMV, supported HSI’s commitment and recognized the benefit of having the state’s DMV partner with the HSI.
“The nationwide partnership was a tremendous boost for us, specifically the agents in the local HSI office in Kansas City,” Reynoldson said. “For our existing state investigations to partner with HSI and leverage their expertise with our database has been critical to our success.” According to Reynoldson, prior to HSI’s partnership, criminals were more readily able to obtain fraudulent, counterfeit documents as they exploit the DMVs’ vulnerabilities.
Although fraud at DMVs has not been completely eliminated, significant progress has been made. Now there is an increased willingness for DMVs to refer document fraud to HSI, which has led to a significant increase in HSI investigations and enforcement actions.
“As a result of this initiative, DMV’s now take a zero tolerance approach to fraud” Fowler said. “The outreach campaign established standards and continuity in HSI document fraud investigations involving state issued licenses.
This initiative ensures that HSI and other DHS components, in collaboration with DMVs and state and local law enforcement agencies, contribute resources, acting as a force multiplier in combating document and identity fraud.