President Obama signs into law H.R. 1493 “The Protect and Preserve Cultural Property Act”
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On May 9, 2016, President Barack Obama signed into law H.R. 1493 titled “The Protect and Preserve International Cultural Property Act” authorizing emergency import restrictions of any archaeological or ethnological material from Syria that is unlawfully removed from Syria on or after March 15, 2011. Read More….
H.R. 1493 also calls for the President to establish an interagency coordinating committee to coordinate the efforts of the executive branch to protect and preserve international cultural property at risk from political instability, armed conflict, or natural or other disasters. The Committee should be chaired by the rank of Assistant Secretary at the Department of State and be comprised of representatives from government agencies as well as consultants from other public and private sector sources. James McAndrew of our staff was instrumental in influencing both the House of Representatives and members of Congress with the final version of the Bill. The Bill was originally introduced in November 2014 as H.R. 5703 which called for the appointment of a White House Coordinator for International Cultural Property Protection. Disagreements within governmental agencies as to the form, structure and function of the Bill led to its demise.
In March of 2015 Representatives Smith and Mr. Engel re-wrote the proposed legislation and introduced it as H.R. 1493. This iteration attempted to comingle protective language for artifacts from both Syria and Iraq due to the crisis borne by ISIS in the Middle East. This time the Department of State attempted to wrestle control of the Bill by specifically requiring a Department of State employee at the Assistant Secretary rank or above to serve as the United States Coordinator that excluded input and cooperation from the private sector. James McAndrew of my staff met with ranking members of the House Ways a Means Committee as well as Senior Staffers at Congress. He was also interviewed for his consultative expertise in this area by investigators from the General Accounting Office (GAO). The resulting effort helped produce the current and final version of the Bill that included members of the private sector in an advisory capacity to include dealers, collectors, museums and other institutions. On May 9, 2016 the Bill was signed into law by the President of the United States.
SOLAS Requirement for Container Weight Verification
As announced earlier, with effect from 1 July 2016, the International Maritime Organization (IMO) will start enforcing the Safety of Life at Sea Convention (SOLAS) that requires shippers to provide a Verified Gross Mass (VGM) for every packed container as a condition for vessel loading.
In order to comply with the new regulation, Ensign has been working on implementation procedures to assist our customers to handle verified gross mass (VGM) data submission timely and accurately. The implementation procedures (E-channel or a physical certificate) will be announced.
Below please find the latest VGM implementation guidelines from Hong Kong Marine Department:
Two methods to determine the container weight:
- Method 1, which requires weighing the container after it has been packed, or
- Method 2, which requires weighing all the cargo and contents of the container and adding those weights to the container’s tare weight as indicated on the door end of the container.
Tolerance:
- less or equal to 10 tons per container: +/- 0.5 tons
- more than 10 tons per container : +/- 5%
All loading ports are counted on Shipper on Master Bill of Lading (MBL)
- Shipper(s) on MBL is necessary to register with Hong Kong Marine Department, to acquire qualification to declare VGM.
- Hong Kong Marine Department will randomly check containers in terminal. For transshipment container(s), VGM measured in China is acceptable.
VGM implementation in China is in accordance with local authority, the implementation guidelines can refer to Ministry of Transport of China (Chinese / English Version).
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For further information and FAQ:
Effective May 1, 2016, the container charge for containers whose destination lies within 260 miles of the port has been reduced by 5.3 percent from $94.00 to $89.00 in all trades except in the Bermuda Trade, which retains its rate of $25.00.
The new rates further a trend to reducing operational costs at the Port of New York and New Jersey while welcoming new business and demonstrating loyalty to the old.
Cargo containers whose destination lies within 260 miles of the port comprise approximately 60 percent of all containers handled, making this a significant rate reduction for international carriers.
The Port of New York and New Jersey is the third largest port in the U.S. and the largest on the east coast of North America. Companies that operate in the port and related businesses support more than 336,600 jobs in the region and $21.2 billion in personal income.
The latest study released by the New York Shipping Association, Inc. (NYSA) in July 2014 noted that the port generates more than $7.1 billion in tax revenue to federal, state, and local governments.
CBP Agriculture Specialists in Pharr Make First-in-Nation Insect Discovery
U.S. Customs & Border Protection
PHARR, Texas –Agriculture specialists with U.S. Customs and Border Protection, Office of Field Operations (OFO) at the Hidalgo/Pharr/Anzalduas Port of Entry have intercepted a rare, first in the nation pest within a commercial shipment of fresh limes.
“The tenacious and extraordinary efforts of our agriculture specialists in discovering and intercepting these tiny insects is truly remarkable and commendable,” said Port Director Efrain Solis Jr., Hidalgo/ Pharr/Anzalduas Port of Entry. “In the agricultural world, a first in the nation pest discovery is immensely significant and CBP’s steadfast enforcement of agricultural law is paramount in helping to protect the American agriculture industry from possible devastating effects.”
On April 30 a CBP officer referred a shipment of fresh limes that arrived at the Pharr- Reynosa International Bridge cargo facility for a secondary agriculture inspection. During the inspection of the product and the container, a CBP agriculture specialist observed a live insect on the floor of the commercial trailer. Upon closer examination of the specimen by U.S. Department of Agriculture entomologists, the insect was positively identified as Anatinomma alveolatum Bates (Cerambycidae). The insect was positively identified as being a unique interception within the United States, a first-in-the-nation detection. The shipment of fresh limes was refused entry and returned to Mexico.
Insects within the Cerambycidae family are commonly known as the long-horned beetles, and are generally wood boring pests that may cause extensive damage to either living trees or untreated lumber. Certain types of wood-boring beetles could be devastating to trees and forests because they have no natural predators in the United States.
CBP agriculture specialists safeguard American agriculture by detecting and preventing entry into the country of plant pests and exotic foreign animal diseases that could harm agricultural resources. For more information on the CBP Agriculture Inspection Process, visit CBP.gov.
Port of Los Angeles Imports Increase 4.7% in April; Overall Year-to-Date Volumes up 8%
Port of Los Angeles
SAN PEDRO, Calif. — May 12, 2016, - Import cargo volumes at the Port of Los Angeles increased 4.7 percent in April compared to the same period last year while overall cargo volume for the first four months of 2016 has increased 8 percent compared to 2015.
“We’re encouraged that shippers and supply chain decision makers continue to show confidence in the Port of Los Angeles,” said Executive Director Gene Seroka. “While the pace of global trade and U.S. retailer imports has eased recently, our work and progress on supply chain optimization has put the Port of Los Angeles on track to drive market opportunities.”
Total April 2016 volumes registered at 656,177 Twenty-Foot Equivalent Units (TEUs), a decrease of 1 percent compared to the same period last year. April loaded imports increased 4.7 percent to 343,574 TEUs. Loaded exports decreased 1 percent to 144,103 TEUs. Total loaded TEUs increased 2.9 percent to 487,677 TEUs. When factoring in a decrease of 10.9 percent in the movement of empty containers, overall April container volumes were 656,177 TEUs.
Current and past data container counts for the Port of Los Angeles may be found at: http://www.portoflosangeles.org/maritime/stats.asp
FDA Issues Rule of Data Collection of Antimicrobial Sales and Distribution by Animal Species
Food & Drug Administration
The U.S. Food and Drug Administration finalized a rule today that revises its annual reporting requirements for drug sponsors of all antimicrobials sold or distributed for use in animals intended for human consumption or food-producing animals. Companies are now required to provide estimates of sales broken down by major food-producing species (cattle, swine, chickens and turkeys) in addition to the overall estimates they already submit on the amount of antimicrobial drugs they sell or distribute for use in food-producing animals.
The new sales data will improve the agency’s understanding of how antimicrobials are sold and distributed for use in major food-producing species and help further target efforts to ensure judicious use of medically important antimicrobials.
Section 105 of the Animal Drug User Fee Amendments of 2008 (ADUFA 105) requires antimicrobial drug sponsors to annually report to the FDA the amount of all antimicrobial drugs they sell and distribute for use in food-producing animals, including those antibiotics that are not used in human medicine. ADUFA 105 also requires the FDA to prepare summary reports of sales and distribution information received from drug sponsors each year, by antimicrobial class for classes with three or more distinct sponsors, and to provide those summaries to the public. Prior to finalizing this rule, animal drug sponsors were not required to submit sales or distribution data by particular species.
Adding the requirement for sponsors to report species-specific sales estimates will also complement the data collection plan the FDA is developing, as part of the National Strategy for Combating Antibiotic-Resistant Bacteria (CARB), with the U.S. Department of Agriculture and the Centers for Disease Control and Prevention, to obtain additional on-farm use and resistance data. The collection of data from multiple sources, including enhanced sales data from antimicrobial animal drug sponsors, is important for providing a comprehensive and science-based picture of antimicrobial drug use and resistance in animal agriculture.
“This information will further enhance FDA’s ongoing activities related to slowing the development of antimicrobial resistance to help ensure that safe and effective antimicrobial new animal drugs will remain available for use in human and animal medicine,” said Dr. William T. Flynn, D.V.M., M.S., deputy director for science policy in the FDA’s Center for Veterinary Medicine.
The final rule also includes a provision to improve the timeliness of annual reports by requiring the FDA to publish its summary report of the antimicrobial sales and distribution information it collects for each calendar year by Dec. 31 of the following year.
The rule was proposed in May 2015, and takes into consideration hundreds of public comments from the veterinary community, animal feed manufacturing and livestock production associations, drug manufacturers, consumer groups and other stakeholders. Drug sponsors are required to comply with the reporting requirements in the final rule when submitting their reports covering the period of calendar year 2016.
The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines, and other biological products for human use, and medical devices. The agency is also responsible for the safety and security of our nation’s food supply, cosmetics, and dietary supplements, for products that give off electronic radiation, and for regulating tobacco products.
USITC: News Releases & New Documents
United States International Trade Commission
NEWARK, N.J. – The number of passengers who flew during the spring set records, and the summer season is expected to be even busier with more travelers than ever predicted to pass through Transportation Security Administration checkpoints. Checkpoint wait times have increased and TSA recommends that travelers arrive at the airport at least two hours in advance of their flights to ensure they have enough time to park or return a rental car, wait in the airline check-in line and then get to the security checkpoint.
There are several factors that have caused checkpoint lines to take longer to screen passengers than in previous years. They include:
- A significant increase in the number of travelers;
- More people traveling with carry-on bags, in many cases bringing more than the airline industry standard of one carry-on bag and one personal item per traveler;
- A decrease in the number of budgeted TSA officers during the past several years; and
- More robust checkpoint screening after last year’s covert testing pointed out a need for improvement.
TSA has taken steps to address the longer wait times that travelers are experiencing at the checkpoints. On May 4, 2016, Department of Homeland Security Secretary Jeh Johnson announced several steps being taken to address the issue. They include:
- Increasing the number of TSA officers and canine teams.
- Expanding outreach and enrollment efforts for TSA Pre✓®, TSA’s expedited screening program that allows eligible travelers to pass through checkpoints more quickly without removing shoes, laptops or travel-sized liquids from their carry-on bags.
- Increasing collaboration with airports and airlines to support non-security screening operations, such as returning bins to the front of waiting lines; enforcing the airline industry’s limit on the number of carry-on bags brought to the checkpoint; pointing passengers to the proper security lanes by identifying passengers who should be in the TSA Pre✓® lanes; and other non-security-related tasks.
- Requesting Congress allow TSA to reprogram funding within the current budget to be used to accelerate the hiring of TSA officers and to pay for overtime for TSA officers to allow for the expanded work hours during peak periods at high volume airports. If Congress allows this reprogramming of funds, TSA will increase overtime and part-time hours for its officers and accelerate the hiring of 768 TSA officers originally planned to take place by fall to be accomplished as early as later this month.
The best way for travelers to help ensure a quick trip through the security screening process is to prepare, prepare, prepare.
Passenger preparedness can have a significant impact on wait times at security checkpoints nationwide. To facilitate the security screening process, travelers should arrive at the airport two hours in advance of a domestic flight and three hours prior to an international flight to ensure that they have time to park their cars (or return rental cars), check their bags with their airline, get their boarding pass and make their way through the security screening process.
Travelers who arrive at checkpoints prepared for air travel can have an impact on lowering wait times at security checkpoints nationwide, just as individuals who come to the TSA checkpoint unprepared for a trip can have a negative impact on the time it takes to complete the screening process.
Here are some preparation tips for passengers:
- Arrive early. The increase in travel volume has a wide-ranging effect. Consider incorporating additional time in your travel plans for traffic, parking, rental car returns and airline check-in. TSA recommends arriving up to two hours in advance of domestic departures and three hours in advance of international travel.
- Prepare for security when you are packing. Put large liquids, gels, creams, aerosols, into your checked bags such as shampoo, conditioner, suntan lotion, shaving cream and anti-perspirant. If you only have a carry-on bag, make sure all of your liquids follow the 3-1-1 rule outlined below.
- Follow the 3-1-1 liquids rule for your carry-on bag. When packing a carry-on bag, it is important to remember that liquids, gels, aerosols, creams and pastes must be 3.4 ounces or less and all bottles must fit in a single quart-size plastic bag and be placed in a bin for screening. This includes sun block and tanning sprays. Let the TSA officer know right away if you’re traveling with larger quantities of medically necessary liquid medications so that they can be screened separately.
- Be ready when you enter the checkpoint line. Have an acceptable ID and boarding pass out and ready to hand to the TSA officer. Once you get to the divesting tables, remove large electronics including laptops and the 3-1-1 compliant liquids bag from carry-on baggage. Consider minimizing items that you wear to the airport such as bulky jewelry, scarves, hair accessories, large belts and other bulky items as these articles are likely to require additional screening. Remove all items from your pockets and put them into one of your carry-on bags so you won’t accidentally leave them at the checkpoint when you head to your gate.
- Know what is in your bags. It is very important to make sure that you’ve got no prohibited items in your luggage. Check TSA’s website feature “When I fly, can I bring my ________?” at tsa.gov. Type in an item and find out immediately if you can bring it in your carry-on bag, checked bag, either or neither.
- @AskTSA: Unsure if an item is allowed through the security checkpoint? Issues receiving TSA Pre✓® on your boarding pass? Travelers with questions about transportation security can contact a TSA employee for live assistance 365 days a year via Twitter. Tweet your questions and comments to @AskTSA from 8 a.m. to 10 p.m. weekdays and 9 a.m. to 7 p.m. weekends/holidays.
- TSA Cares: Travelers or families of passengers with disabilities and medical conditions may call the TSA Cares helpline toll free at 1-855-787-2227 with any questions about screening policies, procedures and what to expect at the security checkpoint 72 hours prior to traveling. Injured service members and veterans including individuals associated with a wounded warrior program may contact TSA Cares to help facilitate the screening process.
- Check the bins. Equally important, travelers are reminded to check the bins when collecting all belongings after going through screening and before leaving the checkpoint screening area. Often, travelers leave behind laptops, cameras, phones and loose change.
- The TSA Contact Center is available to answer questions by phone at 1-866-289-9673. Staff is available from 8 a.m. to 11 p.m. weekdays and 9 a.m. to 8 p.m. weekends/holidays, and an automated service is available 24 hours a day, seven days a week.
There is still time to sign up for an appointment to apply for TSA Pre✓®, an expedited screening program that allows travelers to leave on their shoes, light outerwear and belt, keep their laptop in its case and their 3-1-1 complaint liquids/gels bag in a carry-on, in select screening lanes. Those eligible for TSA Pre✓® can participate at more than 160 airports when traveling on any of the following participating airlines: Air Canada, Alaska Airlines, Allegiant Airlines, American Airlines, Delta Air Lines, Hawaiian Airlines, JetBlue Airways, Southwest Airlines, Sun Country, United Airlines, Virgin America and WestJet. TSA has also opened more than 350 application centers nationwide, allowing more U.S. citizens and lawful permanent residents the opportunity to participate in TSA Pre✓®. Interested travelers can pre-enroll at tsa.gov/tsa-precheck/apply.
TSA Pre✓® is free to all members of the U.S. Armed Forces, including those serving in the U.S. Coast Guard, Reserves and National Guard. Eligible members of the U.S. Armed Forces on personal or official travel do not need to travel in uniform to participate. Accompanying family members ages 12 and under can be processed through expedited screening as well. To participate, enter the Department of Defense (DOD) ID number in the known traveler number field when making flight reservations.