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U.S. CUSTOMS AND BORDER PROTECTION LOS ANGELES / LONG BEACH SEAPORT.

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Presentation on theme: "U.S. CUSTOMS AND BORDER PROTECTION LOS ANGELES / LONG BEACH SEAPORT."— Presentation transcript:

1 U.S. CUSTOMS AND BORDER PROTECTION LOS ANGELES / LONG BEACH SEAPORT

2 CBP Outbound Focus Anti-Terrorism Bulk Currency Weapons and Ammunition Licensable Technologies (Dual-use) Exports to Embargoed Nations Stolen Vehicles Other violations of U.S. law

3 Multi-Agency Network HQ National Targeting Center – Cargo (NTCC), Outbound Program HQ Exodus Command Center (ECC) U.S. Census Bureau (USCB), Foreign Trade Regulations – Automated Export System (AES) U.S. Department of State (DOS), DDTC U.S. Department of Commerce (DOC), BIS Immigration and Customs Enforcement (ICE) Counter-Proliferation Investigations Unit Border Enforcement Security Team (BEST)

4 Most Common Export Control Laws Code of Federal Regulations 19 CFR 192 (Customs & Border Protection) 15 CFR Parts 1 – 799 (Department of Commerce) 15 CFR Part 30 (Census Bureau) 21 CFR Parts 1300-1399 (Drug Enforcement Administration) 22 CFR Parts 120-130 (Department of State) 27 CFR Parts 447-555 (Alcohol, Tobacco & Firearms) 31 CFR Parts 200-end (Office of Foreign Asset Control)

5 AES Filing Requirements SED must be filed electronically via AES 24 hours before departure of Vessel –ITN number is proof of completion of the transmission SED must be complete and correct –It is up to the FFW/Exporter to make changes if necessary SED is not required to be filed if total value of the cargo is less than $2500 unless –The cargo requires an export license (BIS, DEA) –The cargo is controlled by the ITAR –The cargo requires an OFAC license –The cargo is a used automobile

6 15 CFR Part 30 Penalty Provisions 15 CFR 30.2 failure to file = $10,000 15 CFR 30.4 late filing = $1,100 per day late up to max $10,000 15 CFR 30.6 incorrect EEI information = $10,000 19 CFR 192.2 failure to validate auto titles prior to export = $500.00 Penalties are issued to exporter, freight forwarder and/or carrier depending on violation.

7 ITAR Regulations Section 38 of the Arms Export Control Act (22 U.S.C. 2778) authorized the President to control the export and import of defense articles and defense services Customs outbound search and seizure authorities derive, in part, from the Foreign Wars, War Materials and Neutrality Act (22 U.S.C. 401, et seq.), the Export Administration Act (EAA) (50 U.S.C. app. 2401-2420), the Arms Export Control Act (22 U.S.C. 2751, et seq.) (which expressly incorporates the EAA authorities), and judicial decisions interpreting the Fourth Amendment Constitutional principles that apply to outbound border searches. The U.S. Munitions List (USML) consists of those articles, services and related technical data designated as “defense articles” and “defense services” pursuant to sections 38 and 47(7) of the Arms Export Control Act Any person who intends to export or temporarily import defense articles and related technical data or services must obtain a license from the Department of State, Office of Defense Trade Controls (ODTC) prior to the export or temporary import, unless the export or temporary import qualifies for an exemption (22 CFR 123.4, 123.16 through 19, 124.3, 125.4, or 126.4 through 6). Licenses covered: –DSP-5: Permanent Export DSP-6(Amendment) –DSP-61: Temporary Import –DSP-73: Temporary Export –DSP-94: Foreign Military Sales, considered “Authority to Export” rather than license. FFW/Exporter has 24 hours prior to loading cargo on vessel to file license.

8 Outbound Enforcement Team Automated Export System (AES) CBP Tailgate Exam ordered DETENTION NOTICE emailed to Terminal,Carrier CBP Warehouse Exam ordered PERMIT TO TRANSFER NOTICE emailed to Terminal,Carrier,Price No Immediate Concerns Shipment Clear to Proceed for Export RELEASE NOTICE emailed to Terminal,Carrier and/or Price Seized CBP NII Exam ordered NII NOTICE emailed to Terminal,Carrier Seized Booking Reports Intel Random Compliance OET Reviews Shipments for Possible Export Exam CBP Warehouse Exam ordered PERMIT TO TRANSFER NOTICE emailed to Terminal,Carrier,Price

9 Enforcement Operations NII Operation (Highline, Staged, In-gate) Container Tailgate Operation In-Gate Container Operation Cruise Ship Operation Vessel Search Operation Warehouse Sweep Operation Vehicle Operation

10 What can you do to help us? AES filing must include correct and accurate information Parties involved Value of cargo Export license must be filed and lodged ECCN/NLR Steamship line booking numbers, in lieu of NVOCC bookings Be able to provide copies of documents to CBP upon request Technical data/specifications regarding dual use technology Photo copies of shipper’s passport Keep original auto titles on file Invoices/packing lists

11 What can you do to help us? (cont) Remain Vigilant Unusual request from shipper Questions regarding legality of cargo If you suspect something to be out of the ordinary, contact CBP OET at (310) 971-2200 Ext 5.

12 VEHICLES CURRENCY EXODUS WEAPONS OUTBOUND ENFORCEMENT TEAM


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