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Senators Bill Cassidy of Louisiana and Sheldon Whitehouse of Rhode Island introduced the bipartisan Customs Modernization Act of 2023 which would make significant changes to laws administered by Customs and Border Protection (CBP).
Some of the key sections of the proposed bill include:
• Allowing CBP to access data prior to entry from parties throughout the supply chain. The importer of record could convert this pre-entry information into a certified entry filing. For any violation relating to the filing of the required pre-entry information by any party, CBP may impose a penalty of $5,000 for the first violation of these regulations and $10,000 for subsequent violations.
• At present, only ocean vessel manifest information must be publicly disclosed. The proposal would make it mandatory to also publicly disclose aircraft, truck and rail manifest information for the purpose, inter alia, of monitoring supply chains for illegal goods like fentanyl and those made with forced labor, combatting trade-based money laundering, and identifying unfair trade practices like dumping.
• Relaxing the seizure and forfeiture rules to allow for the summary forfeiture of certain IPR-infringing goods by CBP without having to go through the formal seizure/forfeiture process. This is to allow CBP the ability to seize and forfeit articles found violative in the de minimis realm in an expedited fashion.
• Specific penalties are enumerated for violations of the Section 321 de minimis provisions of up to $1,000 for the first violation and $2,000 for each subsequent violation.
• Under current law, CBP can penalize vessel masters, aircraft pilots, and persons in charge of a vehicle for failing to comply with reporting requirements like providing manifest information. However, much of this data is now transmitted electronically by other parties such as the air carrier. A new provision would clarify that “any person” reporting such information who knowingly provides incorrect information is liable for a civil penalty.
Senator Cassidy also advised that a bipartisan Trade Facilitation measure will be introduced in 2024 as well.
This November, we are honored to feature Tracey Suggs, Import Specialist at JAS Forwarding USA Inc., for his tireless advocacy for individuals with Down Syndrome. While October marks Down Syndrome Awareness Month, Tracey and his family advocate every day for the empowerment and inclusion of individuals who face intellectual and developmental challenges. Inspired by his daughter, Treana, who has Down Syndrome, Tracey is driven to ensure that every individual can live their fullest life. Treana's zest for life and inspiring spirit is a testament to the impact of love, perseverance, and understanding that Tracey strives to bring to his work and community. Tracey’s unwavering commitment to making a difference embodies our values at JAS, reminding us all of the importance of inclusivity and advocacy in both our professional and personal lives.
Tracey has been with JAS for 3 years and has been in the industry for over 20 years. Tracey has a passion for sports, fitness, art, community advocacy (special needs/disadvantaged youth), and spending time with family.
JAS Forwarding VP Compliance, Laurie Arnold joined forces with JAS Forwarding Global Development Director Jennifer Koon, and Regional Sales Director Lindsay Gambee to attend the International Compliance Professionals Association (ICPA) Fall Conference (Western Cowboy Theme) in Grapevine, Texas from October 20-23.
They were able to meet with numerous members of the trade community and discuss current events and network.
On November 1, 2024, BIS imposed a civil penalty of $500,000 against a semiconductor wafer manufacturing company. The U.S. subsidiary shipped approximately $17.1 million of semiconductor wafers company listed on the BIS Entity List, without the required licese/authorization.
The company voluntarily disclosed the conduct and cooperated which resulted in significant reduction in the penalty.
To read more, check out the final order below.
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