News & Analysis as of

Confidential Information Customs and Border Protection

Fitch, Even, Tabin & Flannery LLP

Importers Entitled to See Confidential Evidence Used Against Them in Antidumping Proceedings

On July 27, in Royal Brush Manufacturing, Inc. v. United States, the Federal Circuit held that importers have a right to see the evidence used against them in antidumping proceedings by the Customs and Border Patrol (CBP),...more

Husch Blackwell LLP

Federal Circuit Rules that in EAPA Proceedings CBP Must Release Business Confidential Information It Relies Upon to Importers and...

Husch Blackwell LLP on

In an opinion issued on July 27, 2023, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that U.S. Customs and Border Protection (“CBP”) violated an importer’s due process rights by denying access to...more

Epiq

Travel Days May Be Postponed, But When it Comes Back, Be Prepared to Protect Sensitive Data

Epiq on

While travel may be currently stalled due to COVID-19 concerns, as soon as travel resumes, border controls and restrictions will likely increase. Often, the phrase “border search” produces thoughts of seeking and seizing a...more

Morgan Lewis

Responding to the 2019 Novel Coronavirus: Guidance for US Employers

Morgan Lewis on

The outbreak of the 2019 Novel Coronavirus (2019-nCoV) has created a number of questions and compliance challenges for employers in the United States as well as across the globe. This is a fluid and rapidly changing...more

Benesch

U.S. Customs and Border Protection Updates Directive on Searches of Electronic Devices

Benesch on

U.S. Customs and Border Protection (“CBP”) recently updated its 2009 directive pertaining to border searches of electronic devices. The Supreme Court of the United States has deemed warrantless searches by CBP legal and...more

Jackson Lewis P.C.

ABA Gets Lawyers Heightened Protections For Device Searches At International Borders

Jackson Lewis P.C. on

U.S. Customs searches have become increasingly invasive over the years. Pursuant to Department of Homeland Security (DHS) policy, U.S. Customs and Border Protection (CBP) operates under the “broad search exception”, which...more

Foster Garvey PC

Inspection of Personal Electronic Devices Conducted by U.S. Customs and Border Protection Officers on the Rise

Foster Garvey PC on

International travelers from and to the United States may increasingly encounter an inspection of personal electronic devices conducted by U.S. Customs and Border Protection (“CBP”) officers. The selection may be for a...more

Robinson+Cole Data Privacy + Security Insider

Customs and Border Patrol Issue New Rules for Searching Devices at Borders

We previously reported that U.S. Customs and Border Patrol (CBP) have been stopping U.S. citizens at the borders of the United States and demanding passwords for access to mobile devices. According to CBP, 19,051 mobile...more

Proskauer - Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth...

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare...more

Seyfarth Shaw LLP

Searches of Devices at the U.S. Border

Seyfarth Shaw LLP on

Seyfarth Synopsis: Although longstanding policy of U.S. Customs and Border Protection authorizes searches of electronic devices in the possession of travelers arriving in the United States, recent reports of such searches...more

Dickinson Wright

Crossing the Border with Electronics - Helpful Tips and Pitfalls to Avoid

Dickinson Wright on

International travelers have been reporting that cell phones, computers, and other communication devices are being seized by Officers of the U.S. Customs and Border Protection (“USCBP”) branch of the U.S. Department of...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #74 – What to Do About Customs and Border Patrol

There has been lots of talk about the ripple effects of the Trump travel ban. But here’s a new twist I hadn’t heard before—U.S. Customs and Border Control (CBP) agents are detaining U.S. citizens and requiring them to unlock...more

Beveridge & Diamond PC

New TSCA Requirements for Chemical Importers

Beveridge & Diamond PC on

Companies planning to ship chemical-based products to the United States should have a basic understanding of the Toxic Substances Control Act (TSCA), the key U.S. chemicals law. That law was substantially amended in June...more

McDermott Will & Emery

CBP Expands Information Sharing Procedures to Help Detect Counterfeit Merchandise

McDermott Will & Emery on

Effective October 19, 2015, U.S. Customs and Border Protection (CBP) implemented a final rule expanding CBP’s information sharing procedures with importers and trademark owners with respect to merchandise suspected of bearing...more

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