Industry Insights

“Facilitation payments” made to customs officers are common in some parts of the world, and, strictly speaking, they don’t violate the U.S. Foreign Corrupt Practices Act (FCPA). But there are complications. The Securities and Exchange Commission published guidance on the issue that states, “The FCPA does not apply to any ‘facilitating or expediting payment,’ the purpose of which is to expedite or secure the performance of a ‘routine governmental action.’” That includes common payments to ordinary officials in foreign countries to complete an action that was bound to be completed in the first place. That said, the SEC admonishes companies […]

Export Administration Regulations (EAR) and sanction programs are constantly changing. It can be challenging to navigate through the Office of Foreign Asset Control’s (OFAC) numerous pages of sanctions information and SDN (Specially Designated National) lists. But you must know how these regulations impact your shipments, and subsequently your business. In 2014 alone, 23 civil actions were taken against various companies for OFAC violations. The penalties totaled $1,209,000,000! A few examples are: A foreign subsidiary of a US company purchased briquettes made of Cuban-origin nickel. Settlement amount $2,057,000. A US company shipped audio and video equipment overseas, knowing the goods would be […]

When exporters undercut pricing on their goods to gain share in the marketplace, they put importers’ revenue in jeopardy. Anti-dumping laws in many countries around the world are enforced with harsh penalties, and importers have a major responsibility to ensure it isn’t happening. Currently there are multiple uproars over exporters that are using unfair pricing tactics to increase the attractiveness of their products. For example, in February Felman Production filed an anti-dumping petition with the U.S. Department of Commerce and the International Trade Commission accusing an Australian metallurgical company of sending large and increasing volumes of low-priced siliconmanganese to the […]

As terminal operators and truckers try to process the weeks or months of backlogged cargo at West Coast ports, thieves are looking to grab low-hanging fruit. From 2013 to 2014, 25% of all recorded cargo theft in the United States occurred within 200 miles of the ports of Los Angeles, San Francisco and Seattle, according to FreightWatch International. The surge in cargo activity resulting from the normalization of West Coast port operations is expected to stress trucking assets and port security. Fictitious pickups in the above-mentioned ports have been 100% higher than the national average over the past two years. […]

Smaller logistics companies are having trouble keeping up with the boom in online commerce. While Asia looks at logistics as a prime opportunity for growth, developed nations, in particular the U.K., have seen a disruption in the traditional logistics sector that has led to the collapse of a record number of couriers and haulers. Even though online orders grew 14% and fuel prices fell, overcapacity in the U.K.’s courier and hauler industry drove freight transport prices down. As a result of buyer appetite for speed in delivery and demands from manufacturers and distributors for processing of large volumes at high […]

  The Pacific Maritime Association (PMA) and the International Longshore and Warehouse Union (ILWU) have struck a tentative agreement on a five-year contract that will cover workers at all U.S. West Coast ports. The details of the deal are being held in confidence while the agreement awaits ratification by both organizations, but they acknowledge that a cooperative arrangement was reached with the assistance of U.S. Secretary of Labor Thomas Perez and Federal Mediation and Conciliation Service deputy director Scot Beckenbaugh. In a joint statement, PMA president James McKenna and ILWU president Bob McEllrath said the 29 West Coast ports “can […]