Doreen Edelman

Doreen Edelman

Baker Donelson

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Attention Exporters: Passage of ‘Fast-Track’ Bill Sets the Stage for America’s Next Big Trade Deal

The Idea Behind TPA - On September 24 a rare alliance between Republicans and the Obama Administration led to passage of the ‘fast-track’ bill granting the President a 6-year renewal of Trade Promotion Authority (TPA). As a...more

6/29/2015 - Export Controls Exporters Exports Trade Policy Trade Promotion Authority Trans-Pacific Partnership

Compliance Officers Can Face Individual Liability for Corporate Importation Violations

Corporate officers and shareholders take note: personal liability for unpaid duties may result from material misrepresentations on import documentation even when the importer of record is a corporate entity. The corporate...more

6/15/2015 - Best Management Practices C-Suite Executives Chief Compliance Officers Corporate Veil Diminution in Value False Reporting Imports Material Misstatements Personal Liability

An attempt at Harmonization: Export Documentation Changes

The Bureau of Industry and Security (BIS) is currently accepting comments on methods of improving the Export Administration Regulations (EAR) as well as harmonizing these regulations with the clearance requirements under the...more

6/3/2015 - BIS Department of State EAR Export Controls International Harmonization ITAR Notice and Comment

OFAC Adds 7 Venezuelan Officials to SDN List

On March 8 President Obama signed Executive Order 13692 Executive Order 13692, which initially adds seven former or current Venezuelan government officials to OFAC’s Specially Designated Nationals (SDN) List. Once they have...more

3/30/2015 - Executive Orders Foreign Official OFAC SDN List Venezuela

Goodyear FCPA Settlement Highlights Importance of Thorough Pre-Acquisition Due Diligence

On February 24 the SEC charged Ohio-based Goodyear Tire and Rubber Company with violating the books and records provisions of the Foreign Corrupt Practices Act (FCPA). Goodyear agreed to  pay $16.2 million to settle the...more

3/10/2015 - Books & Records Bribery Corporate Counsel Enforcement Actions FCPA Foreign Subsidiaries Goodyear Popular SEC

New Opportunities in Cuba for U.S. Travel and Medical Companies – Cigars but not Commerce

After President Obama's announcement that his Administration will pursue a policy aimed at improving U.S.-Cuba diplomatic relations and ultimately eliminating the economic embargo on Cuba, the U.S. Treasury and Commerce...more

1/30/2015 - Amended Legislation Banking Sector Barack Obama BIS CACR Cuba EAR Embargo Executive Orders Export Controls Exports Foreign Relations Imports OFAC Sanctions Telecommunications Trade Relations Travel Permits U.S. Commerce Department U.S. Treasury

Update: Export Control Reform – One Year Later

It has now been over a year since the President’s Export Control Reform Initiative kicked off in October 2013 with revisions to four categories of the United States Munitions List (USML). Since then, 4 more rounds of changes...more

1/27/2015 - Amended Regulation Barack Obama Commerce Control List EAR Export Controls Exports ITAR USML

Update: U.S. Ramps Up Ukraine-Related Sanctions Yet Again

On December 19th, President Obama signed Executive Order (EO) 13685 specifically targeting Crimea and those responsible for the usurpation of the peninsula back in March. This latest EO was the forth in a series aimed at...more

1/22/2015 - Banking Sector Barack Obama BIS Crimea Defense Sector Energy Sector Executive Orders Export Controls Exports OFAC Russia Sanctions SDN List SSI List Ukraine

What Will the "New Chapter" in U.S.-Cuba Relations Entail?

On January 15, both the Treasury Department's Office of Foreign Assets Control (OFAC) and the Commerce Department's Bureau of Industry and Security (BIS) published final rules implementing President Obama's initial reforms....more

1/19/2015 - Banking Sector BIS Cuba Exports Financial Institutions Foreign Policy Imports OFAC Sanctions Trade Policy Travel Permits Travelers

Recent Elections Produce Trade-Friendly Congress: U.S. Exporters Stand to Gain

Apart from the Republican takeover of the Senate, the most noteworthy result of the recent U.S. midterm elections may well be the fact that both Houses have received a substantial infusion of pro-trade members. What’s more is...more

11/25/2014 - Election Results Exports Free Trade Agreement Trade Policy Trans-Pacific Partnership

BIS Ramps Up Restrictions on Trade With Venezuela

The Department of Commerce’s Bureau of Industry and Security (“BIS”) recently published a final rule adding to existing U.S. government restrictions on trade with Venezuela. The November 7th rule amends Section 744.21 of...more

11/20/2014 - BIS Defense Sector EAR Final Rules Licensing Rules Trade Policy Venezuela

Five Export Markets Offer Growth Opportunities – Are you ready?

According to a recent report released by Moody’s credit rating agency, among the world’s top 20 economies, China, India, Indonesia, Saudi Arabia, and Turkey will be the fastest-growing economies of 2014. At the very least,...more

10/22/2014 - China Economic Development Emerging Markets Exports Foreign Investment India Indonesia Saudi Arabia Turkey

New DDTC Re-export Requirement – What You Need to Know

As of October 1, the State Department’s Directorate of Defense Trade Controls (DDTC) has added an additional requirement for foreign parties looking to re-export or re-transfer items that are under their jurisdiction by...more

10/21/2014 - DDTC Defense Sector Department of State Exports New Regulations Restraint of Trade US Munitions List

Export Control Reform Update: 2014 and Beyond

It’s been just about a year since the President’s Export Control Reform Initiative kicked off with revisions to four categories of the United States Munitions List (USML). Since then, two more rounds of changes has brought...more

10/15/2014 - DOD Export Controls Exports ITAR Trade Policy US Munitions List

China Amps Up Anti-Corruption Effort – What This Means for Your Company

Last Friday, China’s 15-month-long bribery investigation into British multinational pharmaceutical GlaksoSmithKline (GSK) ended after a one-day trial in which the court found GSK’s local subsidiary guilty of bribing doctors...more

9/29/2014 - Anti-Corruption Bribery China Compliance Corruption Enforcement Enforcement Actions Foreign Official GlaxoSmithKline

Sanctions on Russia Expanded Despite Tenuous Truce

On Friday , September 12th, while a tenuous truce between Ukraine and rebel forces showed signs of cracking and government officials continued to trade verbal jabs, the United States amped up pressure on Russia by expanding...more

9/18/2014 - Russia Sanctions Ukraine

Update: CBP Now Accepting C-TPAT Applications For Exporters

In a June 12 post, I told you about U.S. Customs and Border Protection’s (CBP) plan to expand the previously importers only Customs-Trade Partnership Against Terrorism (C-TPAT) certification program to include exporters. As...more

9/17/2014 - C-TPAT Customs and Border Protection Exporters Importers

The State Department’s Direct Line Program: A Tool to Help You Expand Into New Markets

I recently came across yet another free service provided by the Government that will be helpful to business owners expanding overseas. The program is called “Direct Link” and is administered by the Department’s Bureau of...more

9/3/2014 - Cross-Border Department of State

Big Talk After a Cautious Expansion of Ukraine-Related Sanctions by the U.S. – But Still No Big Changes for U.S. Exporters

Although Obama Administration officials undoubtedly recognize the need to punish Russia and Russian-backed rebels for their alleged role in the MH17 tragedy, they also will continue to weigh the effects of further sanctions...more

7/25/2014 - Foreign Policy Russia Sanctions Ukraine

Prohibited Country Sanctions and Embargoes: Make Sure You Know the Difference When Drafting Contract Language and Evaluating...

Casually, the words ‘embargo’ and ‘sanction’ are often used interchangeably. But when it comes to drafting a contract or assessing the viability of an export opportunity, failing to use the correct word can have serious...more

7/23/2014 - Contract Drafting Embargo Exports Jurisdiction Manufacturers Sanctions

It’s Not Rocket Science: Taking the Steps Necessary to Avoid Costly Sanctions Violations

The $963 million settlement OFAC recently reached with French banking giant BNP Paribas SA (BNP) was both the largest OFAC settlement to date and represents only a small fraction of the nearly $9 billion in total fines...more

7/7/2014 - BNP Paribas Chief Compliance Officers OFAC Sanctions Settlement

Exporters Pushing Back On Threats of Further Sanctions on Russia

Until recently, American trade associations including the U.S. Chamber of Commerce and the National Association of Manufacturers have made their opposition to the imposition of further sanctions on Russia known to the...more

6/30/2014 - Chamber of Commerce Exporters International Trade Agreements NAM Russia Sanctions Trade Associations Ukraine

The World Is Your Oyster!

Trade issues have not been front and center for the last several years. However, today I saw a bright light. I have been watching trade matters in Washington since the late 1980s. In some ways not that much has changed....more

6/23/2014 - Free Trade Agreement NAFTA Trade in Services Agreement Trans-Pacific Partnership Transatlantic Trade and Investment Partnership WTO

Exporters will soon be able to take advantage of C-TPAT benefits! BIG news

Until now, eligibility for a Customs-Trade Partnership Against Terrorism (C-TPAT) certification has been an importers only program. Now a plan is in the works to expand the program to exporters. One proposed benefit would be...more

6/13/2014 - C-TPAT Customs and Border Protection Exporters Importers Mutual Recognition Agreement

You’re Only As Good as Your Source: Make Sure to Consult the Right Versions of the ITAR and EAR

These days when we’re in need of information on an unfamiliar topic our first thought is often to “Google it.” Usually, these initial searches generate plenty of useful results. But actually differentiating between the...more

6/10/2014 - BIS DDTC Department of State EAR ITAR Research Tools U.S. Commerce Department Websites

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