On Tuesday, 15 October 2013, the most substantial changes in the history of the two U.S. export control regimes, the International Traffic in Arms Regulations (“ITAR”) and the Export Administration Regulations (“EAR”), go into effect. On that day, certain items formerly controlled under the ITAR begin “migrating” to the EAR. While these changes should result in greater commercial opportunities for companies conducting international trade, there will be growing pains as the changes are implemented.
Companies choose to engage with foreign parties for a number of reasons – consulting agreements, distributorships, joint ventures, etc. Whatever the reason for the relationship, a company may get more than it bargained for if it is does not properly consider the anti-corruption risks involved in the arrangement. The Foreign Corrupt Practices Act of 1977, as amended (15 U.S.C.
Effective January 7, 2013, U.S. Customs and Border Protection (“CBP”) will no longer require importers to provide a surety bond or complete an Entry Summary (CBP Form 7501) on imported merchandise valued at less than $2,500. This is an increase from the previous limit of $2,000 for informal entry. Additionally, the minimum Merchandise Processing Fee (“MPF”) required to be paid by importers has been reduced from $25.00 to $2.00. Importers will still need to complete an Entry/Immediate Delivery Form (CBP Form 3461).
On November 14, 2012, the Department of Justice and the Securities and Exchange Commission released their long-awaited guidance on the U.S. Foreign Corrupt Practices Act (“FCPA”). The 130-page document contains the most comprehensive FCPA analysis produced by the U.S.