Monday Morning eBriefing

Here is a summary of the latest customs and cross-border trade regulatory updates brought to you by our NCBFAA Customs Counsel firm Sandler, Travis & Rosenberg:

NCBFAA on March 10 responded to a Department of Homeland Security (DHS) notice requesting comments regarding methods to prevent imports into the U.S. of goods mined, produced, and manufactured in China using forced labor, especially from the Xinjiang Uyghur Autonomous Region. The DHS request for comments was facilitated by the Uyghur Forced Labor Prevention Act (UFLPA) and the U.S. government’s Forced Labor Enforcement Task Force (FLETF).

Here is a summary of the latest legislative and regulatory transport, logistics and trade sector updates brought to you by our NCBFAA Transportation Counsel firm Venable:

While the White House Supply Chain Disruptions Task Force has taken steps to address the nation’s problem with seaport congestion, NCBFAA has asked the task force to not exclude air freight from that effort.

In response to Russia’s continued invasion of Ukraine, the Commerce Department’s Bureau of Industry and Security (BIS) has expanded sanctions against Russia by adding a new prohibition under the Export Administration Regulations (EAR) that targets the country’s oil refinery industry.

While the White House Supply Chain Disruptions Task Force has taken steps to address the nation’s problem with seaport congestion, NCBFAA has asked the task force to not exclude air freight from that effort

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome the following members who have recently joined our association:

The immediate impact to freight forwarders is that the sanctions to Belarus have been extended to also include most controlled items effective with shipments on March 3. The most immediate impact to AES filers is that now all products with an Export Control Classification Number (ECCN) in categories 3-9 (meaning those that begin with 3-9 (example 8A992) now require licenses if they are ultimately destined to Belarus as well as Russia. This applies even if goods are going to a different country, but we know that they are ultimately destined to Russia. If you report these ECCNs to AES, we anticipate that they will result in an AES Response “66Q” Compliance Alert soon, like what we see for Russia. BIS is in the process of updating this AES response message to include Belarus and will advise NCBFAA once that has been completed. This will be an additional indicator that these shipments CANNOT MOVE, but for now you it will be up to you to identify the shipments without benefit of an AES response message.

The NCBFAA Transportation Committee’s Logistics Subcommittee is regularly collecting data on the nation’s rail delays and port congestion that are impacting the supply chain and your business operations.

NCBFAA thanks all our members who continue reaching out to their representatives and senators on Capitol Hill regarding important legislative matters that impact our industry. For those who have not yet done so, PLEASE do and be sure to ask your colleagues to do the same.

It may still be cold outside, but let’s not put our momentum to make the Customs Business Fairness Act (CBFA) (H.R. 4186) permanent on ice. We need each of our members to continue reaching out to their Congressional Members on Capitol Hill to let them know just how important this legislation is to our industry.

Customs Brokers may be liable for charges under current practices by ocean carriers naming them as “merchant” as listed in terms and conditions of their master bills of lading. The carriers’ intention by use of a broad definition of merchant casts a wide net over multiple parties they can hold responsible for charges related to the bill of lading.

Here is a summary of the latest customs and cross-border trade regulatory updates brought to you by our NCBFAA Customs Counsel firm Sandler, Travis & Rosenberg:

Customs and Border Protection (CBP) on Feb. 28 issued an update to its Jan. 27 message to the trade providing guidance on new Section 301 modifications made to certain classifications within the U.S. Harmonized Tariff Schedule (HTS).

The Department of Homeland Security (DHS), in lockstep with the Cybersecurity and Infrastructure Security Agency (CISA), FBI, and the National Security Agency (NSA), is urging U.S. infrastructure operators and air transport providers to protect themselves against the possible increase in cyberattacks.

The NCBFAA Transportation Committee’s Logistics Subcommittee is regularly collecting data on the nation’s rail delays and port congestion that are impacting the supply chain and your business operations.

Customs and Border Protection (CBP) on March 3 released three draft EDI implementation guide updates for ACE Import Ocean Manifest House Bill Release functionality.

The Commerce Department’s Bureau of Industry and Security (BIS) has issued a final rule to add new export license requirements and review policies for Belarus to the Export Administration Regulations (EAR) in response to that country’s enabling of Russia’s invasion of Ukraine.

The Department of Homeland Security (DHS), in lockstep with the Cybersecurity and Infrastructure Security Agency (CISA), FBI, and the National Security Agency (NSA), is urging U.S. infrastructure operators and air transport providers to protect themselves against the possible increase in cyberattacks. Russian state-sponsored actors have “demonstrated a capability to maintain persistent, long-term access in compromised enterprise and cloud environments,” CISA said. The U.S. government warns that these attacks may escalate in the weeks ahead as the U.S. and other western countries continue protesting the Russian invasion of Ukraine by imposing severe economic sanctions against Russia’s political and business leaders. Here is what CISA recommends: Be prepared. Confirm reporting processes and minimize personnel gaps in IT/OT security coverage. Create, maintain, and exercise a cyber incident response plan, resilience plan, and continuity of operations plan so that critical functions and operations can be kept running if technology systems are disrupted or need to be taken offline. Enhance your organization’s cyber posture. Follow best practices for identity and access management, protective controls and architecture, and vulnerability and configuration management. Increase organizational vigilance. Stay current on reporting on this threat. Subscribe to CISA’s mailing list and feeds to receive notifications when CISA releases information about a security topic or threat. CISA, the FBI, and NSA encourage critical infrastructure organization leaders to review CISA Insights: Preparing for and Mitigating Cyber Threats for information on reducing cyber threats to their organizations. DHS also urges Indirect Air Carriers (IACs) and Certified Cargo Screening Facilities (CCSFs) to review this information circular.

n response to Russia’s continued invasion of Ukraine, the Commerce Department’s Bureau of Industry and Security (BIS) has expanded sanctions against Russia by adding a new prohibition under the Export Administration Regulations (EAR) that targets the country’s oil refinery industry.