To download an Adobe copy of this document please follow this link: ACE Recordkeeping Guidance
U.S. Customs and Border Protection (CBP) has published a 2-page Adobe document on ACE Recordkeeping Guidance. As a matter of policy, CBP will not request an entry filer to produce the data (formerly contained in CBP Forms 7501, 3461, 214 or 7512) that the filer previously transmitted to and was retained by CBP unless CBP has a need for such records. If CBP needs such records, the filer may retransmit or otherwise provide the data electronically or reproduce the entry/entry summary data using an ACE report.
To download an Adobe copy of this document please follow this link: ACE Recordkeeping Guidance
The U.S. Department of Justice (DOJ) has announced that three importers and their owners have agreed to pay $3 million to resolve a lawsuit brought by the United States under the False Claims Act. The lawsuit alleged that the defendants had engaged in a scheme to evade customs duties on imports of small-diameter graphite electrodes from the People’s Republic of China (PRC).
To read the entire DOJ Press Release please follow this link: $3M to Settle False Claims Act
U.S. Customs and Border Protection (CBP) Commissioner R. Gil Kerlikowske recently spoke at the Annual Safety and Risk Mitigation Summit in Tampa, FL. He used that opportunity to highlight trade and enforcement statistics from fiscal year 2015. Below is a partial excerpt from his remarks:
"In FY 2015, CBP processed more than $2.4 trillion in trade. CBP also processed approximately 33 million imports (entries) and collected approximately $46 billion in duties, taxes, and other fees. That’s the highest amount collected in the last five years. Special programs and Free Trade Agreements represented approximately 27 percent of total U.S. imports, by value, with the North American Free Trade Agreement leading the way. Duty collection remains a CBP priority, and the agency collected more than $37 billion in duties in FY 2015, an increase of 6.6 percent from FY 2014. CBP processed more than $1.5 trillion worth of U.S. exported goods.
Florida, in fact, is home to more than 61,000 exporters – the second-highest number in the United States – and exports from Florida alone totaled nearly $60 billion in 2014.
On the inbound side, CBP processed more than 26.3 million imported cargo containers through the nation’s ports of entry – an increase of 2.7 percent from FY 2014.
As we continue to meet these demands, CBP is preparing to meet the growth predicted for the coming years.
With 90 percent of the world’s trade now being transported in cargo containers – and nearly half of the incoming U.S. trade arriving in maritime containers – your business is our business."
To read the Commissioner's entire set of remarks please follow this link: Safety and Risk Mitigation Summit
The U.S. Department of the treasury has announced that a company and its affiliates have agreed to pay $614,250 on its own behalf and on behalf of its affiliated companies to settle potential civil liability for alleged violations of the Cuban Assets Control Regulations, 31 C.F.R. part 515 (the “Regulations”). The company and its affiliated companies provide services, spare parts, and equipment for oil and gas exploration and seismic surveys.
To download an Adobe copy of the notice please follow this link: $614K for OFAC Violations
The Federal Maritime Commission Chairman announced that the Commission has completed compromise agreements recovering a total of $520,000 in civil penalties. The agreements were reached with four ocean transportation intermediaries (both non-vessel-operating common carriers and freight forwarders) and one vessel-operating common carrier. The agreed penalties resulted from investigations conducted by the Commission’s Area Representatives in Seattle and New York, and by Washington D.C. headquarters staff. The parties settled and agreed to penalties, but did not admit to violations of the Shipping Act or Commission regulations.
To read the entire FMC Press Release please follow this link: FMC Collects $520K
The U.S. Department of Justice (DOJ) has announced that the world’s sixth-largest telecommunications company has entered into resolutions with the DOJ in which they admitted to a conspiracy to make more than $114 million in bribery payments to a government official in Uzbekistan between 2006 and 2012 to enable them to enter and continue operating in the Uzbek telecommunications market.
In a related action, the department also filed a civil complaint seeking the forfeiture of more than $550 million held in Swiss bank accounts, which constitute bribe payments made by the company and two separate telecommunications companies, or funds involved in the laundering of those payments, to the Uzbek official. The forfeiture complaint follows an earlier civil complaint filed on June 29, 2015, which seeks forfeiture of more than $300 million in bank and investment accounts held in Belgium, Luxembourg and Ireland that also constitute funds traceable to bribes, or funds involved in the laundering of the bribes, paid by the company and another telecommunications company to the same Uzbek official.
To read the entire DOJ Press Release please follow this link: $795M FCPA Penalty
The U.S. Department of Justice (DOJ) has announced that two subsidiaries of Massachusetts software company entered into a non-prosecution agreement and agreed to pay a $14.54 million penalty today to resolve the government’s investigation into whether the companies improperly provided recreational travel to Chinese government officials in violation of the Foreign Corrupt Practices Act (FCPA).
According to admissions made in the resolution documents, the company through local business partners, arranged and paid for employees of various Chinese state-owned enterprises to travel to the United States, ostensibly for training at the company's headquarters in Massachusetts, but primarily for recreational travel to other parts of the United States, including New York, Los Angeles, Las Vegas and Hawaii. The company paid a total of more than $1 million through its business partners to fund these trips, while during the same time period, the company entered into more than $13 million in contracts with the Chinese state-owned entities. Company employees typically accompanied the Chinese officials on these trips.
To read the entire DOJ Press Release please follow this link: $14M to resolve FCPA
On February 10, the World Customs Organization (WCO) Secretary General Kunio Mikuriya outlined his vision and priorities for the WCO, during a meeting of the Interagency Committee on World Customs Organization Matters, held at U.S. Customs and Border Protection (CBP) headquarters and chaired by CBP Acting Assistant Commissioner for International Affairs Mark Koumans.
The quarterly Interagency Committee meeting brought together representatives from U.S. government agencies and departments with a stake in customs matters. The committee discussed the activities of the WCO and coordinated related U.S. policies and activities. Leaders from 17 U.S. agencies and departments participated in the meeting.
To read the entire CBP Press Release please follow this link: WCO Secretary General Visits U.S.
The U.S. Federal Aviation Administration (FAA) has proposed seven civil penalties totaling $455,000 ($65,000 for each violation) against courier and small parcel company for allegedly violating Hazardous Materials Regulations. In each case, the FAA alleges the company accepted shipments that were not properly prepared for air transportation, and failed to ensure its employees or agents received required hazardous materials training.
To read the entire FAA Press Release please follow this link: $455K for HazMat Violations
U.S. Customs and Border Protection (CBP) has published version 5.0 of an updated 58-page ACE Business Rules and Process Document for ACE Entry Summary. The ACE Entry Summary Business Rules and Process Document outlines the entry summary processing workflow, operational policies and procedures in ACE.
To download an Adobe copy of this document please follow this link: ACE Business Process Document for ACE Entry Summary Version 5.0
U.S. Customs and Border Protection (CBP) and the U.S. Census Bureau would like to remind the exporting community of available training guides and instructional videos published to support Electronic Export Information (EEI) filers during their transition from filing in the legacy AESDirect website to filing in the new Automated Commercial Environment (ACE) Secure Data Portal’s AESDirect module.
ACE Exporter Account Quick Reference Guide (QRG)
Request a New Account
Request an ACE Portal Exporter Account for Existing Portal Users
Request Access to EIN Data for ACE Portal Exporter Account
Manage User Access User Guide
To learn how to run ACE Trade Export Reports, please review the following user guides and recorded webinar video:
ACE Reports User Guide (Basic Reports)
ACE Reports Quick Reference Card (QRC)
ACE Exports Data Dictionary
AES Export Reports Webinar
To learn how to file EEIs in the new ACE AESDirect module, please review the following recorded webinar video:
How to file in the Refactored AESDirect in the Automated Commercial Environment (ACE)
To obtain additional information on ACE Portal Export Accounts and filing export information in the new ACE Portal AESDirect module, please visit the following pages from CBP's and Census's websites:
Using the ACE Secure Data Portal (CBP)
ACE Training and Reference Guides (CBP)
New AESDirect Portal Now Available in ACE (CBP)
International Trade – Outreach, Education, and Training (Census)
Foreign Trade – AESDirect Transition to ACE – Refactored AESDirect (Census)
U.S. Customs and Border Protection (CBP) has implemented a staggered approach to the mandatory filing of electronic entries and corresponding entry summaries in ACE, and the decommissioning of electronic entry/entry summary filing capabilities in the Automated Commercial System (ACS). Details are provided in the accompanying attachment below.
To download an Adobe copy of CBP Updated ACE Transition Timeline please follow this link: Updated ACE Transition Timeline
Much to the relief of the U.S. trade community, U.S. Customs and Border Protection (CBP) has announced (CSMS #16-000093) that the mandatory date of February 28th to fully adopt the Automated Commercial Environment (ACE) has been delayed. ACE is CBP's next-generation operating system for processing commercial trade. It has been in development and deployment since the late 1990's. CBP will implement a staggered approach to the mandatory filing of electronic entries and corresponding entry summaries in ACE, and the decommissioning of electronic entry/entry summary filing capabilities in the Automated Commercial System (ACS), the legacy system. To download an Adobe copy of the Updated ACE Transition Deadlines please follow this link: CBP Updated ACE Transition Deadlines
The Federal Communications Commission’s (FCC’s) Office of Engineering and Technology has
issued a public notice to address misconceptions about electronic filing requirements for FCC Form 740 - Statement Regarding the Importation of Radio Frequency Devices Capable of Causing Harmful Interference.
Per the Notice, the trade community is to continue to file FCC-required information electronically with U.S. Customs and Border Protection (CBP) via an Automated Commercial Environment (ACE)-Entry Summary or any other process that may be designated by CBP until the waiver provision takes effect on July 1, 2016.
To download an Adobe copy of the FCC Notice please follow this link: FCC 740 Notice
U.S. Customs and Border Protection (CBP) has published a U.S. - Australia Free Trade Agreement FAQ. The webpage contains a plethora of information on AUFTA including the Australian FTA text, the FTA summary, implementation instructions and a country of origin template.
To visit CBP AUFTA FAQ web page please follow this link: CBP AUFTA FAQ
Michael Laden is a Founder and Principal of the firm. He is a licensed customs broker and has been toiling in the international trade industry for almost 40 years. His full bio can be found on the ABOUT US page.