Trade War Compliance and Contracting Considerations

Trade War Compliance and Contracting Considerations

An overview of dangerous contracting practices, Incoterms 2020, contractual compliance considerations, purchase orders, and commercial invoices.

Poor contracting practices increase costs, cause delays, and make the CHB and NVOCC jobs harder.

• Numerous delays and disputes could be avoided if the buyer and seller addressed the risks of international trade before demurrage started to accrue.
   
• If the buyer–importer of record anticipated and allocated the risk of transshipment, trademark compliance, forced labor audits, and other compliance issues, the time to reply to a CBP 28 would be shorter or avoided altogether.
   
• If the commercial invoice had a photo and a link to the imported merchandise, it would make HTS classification easier.

Speakers

Cameron Roberts is a partner at Roberts & Kehagiaras LLP in Long Beach, California, with more than thirty years of experience in international trade. His practice areas include customs law, export compliance, domestic and international transportation law, maritime law, trade and insurance issues. He is a member of numerous customs, international trade, and legal associations. He is a past president of the Foreign Trade Association and Harbor Transportation Club. Mr. Roberts is an adjunct professor at California State University, Long Beach. He is a frequent presenter and author on topics related to his practice areas. He is a licensed customs broker (1989) and former transportation executive. He earned his B.A. degree in political science and international relations from California State University, Long Beach, and his J.D. degree, cum laude, from the Seattle University School of Law. Mr. Roberts has qualified as an expert witness in State and Federal courts, and is admitted to practice in California and Washington, the Court of International Trade and before the Federal Maritime Commission.

Joseph (“Jay”) A. Acayan is a partner of Roberts & Kehagiaras LLP and has extensive experience advising clients on a wide range of subjects in international trade law for the last 24 years. For import related matters, his representation includes preparing clients for Customs audits, drafting and implementation of Customs compliance systems, filing of prior disclosures, and fighting Customs decisions administratively and before the Court of International Trade. He also defends clients in penalty cases, liquidated damages cases, and seizures (both goods and currency). In the export arena, Jay represents clients in matters handled by a host of government agencies, including the Bureau of Industry and Security (BIS), Office of Foreign Assets Control (OFAC), the Directorate of Defense Trade Controls (DDTC), and the Foreign Trade Division of the U.S. Census Bureau. Representative matters include drafting and implementation of export control systems, analyses of deemed exports, licensing, obtaining agency opinions (i.e., Classification (CCATS), Commodity Jurisdiction (CJ) and General Correspondence (GC) requests), and penalty mitigation. Jay also advises on Foreign Corrupt Practices Act and UK Anti-Bribery Act compliance, agent investigations, and defense. In his practice, he has represented clients of all sizes from startup companies to multinational Fortune 500 companies. These clients deal in a wide range of merchandise including oil and gas equipment, mining machinery, produce and other food products, chemicals, and raw materials.

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