Export Declaration Regulations: New Penalty Guidelines
Ensuring Compliance to Mitigate Penalties in Export Transactions
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, April 7, 2009
Recorded event now available
This seminar will explore the types of violations that commonly arise in Federal Trade Regulation export declarations requirements, the U.S. Customs and Border Protection's new mitigation regulations, and best practices for businesses to comply with the requirements and avoid or minimize penalty liability.
Description
On Jan. 2, 2009, the U.S. Customs and Border Protection (CBP) published guidelines detailing how the agency will implement its penalty authority to enforce the Federal Trade Regulations requirements. The guidelines were effective Feb. 1, 2009.
Because even inadvertent violations are subject to tough penalties, parties to an export transaction must fully understand the rules and guidelines — and remain vigilant to ensure full compliance with regulatory obligations.
Businesses having to make their way through the complex export process and their counsel must take steps now to ensure that well-planned policies and procedures are in place to safeguard compliance.
Listen as our authoritative panel of international trade attorneys examines the CBP regulations, the guidelines, the types of violations that trigger enforcement action, and the new mitigation regulations. The panel will offer their best practices for mitigating penalty liability in the event of a violation.
Outline
- Violations
- Failure to file export information in AES
- Late filing
- Other FTR violations
- Mitigation guidelines
- Mitigating factors
- Aggravating factors
- Best practices for mitigating penalty liability
- Compliance programs
- Prior disclosures
Benefits
The panel will review these and other key questions:
- What mitigating factors can help parties in export transactions to minimize penalty liability?
- What are the aggravating factors that make it harder for parties in export transactions to minimize penalty liability?
- What procedures should businesses put in place to ensure compliance with export regulations?
Faculty
Ronald I. Meltzer,
Partner
WilmerHale, Washington, D.C.
He focuses on licensing, compliance and enforcement matters relating to U.S. export controls and economic sanctions. He represents clients in trade remedy litigation and on customs issues. He handles all aspects of U.S. export control and economic sanctions law, including the Export Administration Regulations, anti-boycott provisions, and OFAC sanctions requirements.
Lars-Erik A. Hjelm,
Partner
Akin Gump Strauss Hauer & Feld, Washington, D.C.
He focuses on customs law and policy. His experience covers the commercial and enforcement laws and policies that CBP and ICE administer, including duty preference programs, tariff classification, valuation, customs brokerage, intellectual property rights enforcement, country of origin marking, binding rulings, audits, anti-terrorism and border protection initiatives, and export controls.
Gregory S. McCue,
Of Counsel
Steptoe & Johnson, Washington, D.C.
He has extensive experience in Customs and International Trade law. He advises in matters involving tariff classification, valuation, country of origin determination and marking, entry procedures and the application of duty-reducing programs. He represents clients in agency actions and presentation of policy and rulemaking positions before the U.S. Customs and Border Protection and related agencies.
Ordering
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CLE:
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Customer Reviews
The speakers' presentations were very substantive and provided new information for seasoned practitioners.
Therese Lee
Google Inc.
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King & Spalding, LLP
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St. Jude Medical
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Eric LaMons
Wilk Auslander LLP
International Law Advisory Board
Partner
K&L Gates
Partner
Gibson Dunn & Crutcher
Partner
O’Melveny & Myers
Partner
WilmerHale
Partner
Goodwin Procter
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