Comments on: Bag and Baggage http://www.exportlawblog.com/archives/326 Latest News on DDTC, BIS, OFAC, and other export law matters Wed, 07 Jan 2009 16:39:54 +0000 http://wordpress.org/?v=2.5.1 By: Jim Dickeson http://www.exportlawblog.com/archives/326#comment-10084 Jim Dickeson Thu, 24 Apr 2008 22:05:43 +0000 http://www.exportlawblog.com/archives/326#comment-10084 Clif, "How exactly do you manage to export something without filing an SED?" Actually, it isn't hard for the unscrupulous, unethical or uneducated. Just state "No SED Required 15 CFR 30.55(h)" on your documents. But I suppose the Commerce Department's proposed legislation to require electronic filing, and for filers to be licensed (like Customs brokers) would help to curb that. By the way, I think you meant 758.1(b)(2). <strong>[I did. Thanks for the correction. -Clif]</strong> And as for the comment about filing a SED for hand-carries, the reqired time frame for filing for shipments by air, which presumably what a hand-carry by air would be, is 2 hours prior to scheduled departure (8 hours for ITAR). Nobody gets through TSA that fast, so you shouldn't be doing this at the airport anyway. Call your freight forwarder in advance, he can file AES for hand-carries and provide proof of filing for when CBP pulls you out of line at the jetway. Clif,

“How exactly do you manage to export something without filing an SED?” Actually, it isn’t hard for the unscrupulous, unethical or uneducated. Just state “No SED Required 15 CFR 30.55(h)” on your documents. But I suppose the Commerce Department’s proposed legislation to require electronic filing, and for filers to be licensed (like Customs brokers) would help to curb that.

By the way, I think you meant 758.1(b)(2). [I did. Thanks for the correction. -Clif]

And as for the comment about filing a SED for hand-carries, the reqired time frame for filing for shipments by air, which presumably what a hand-carry by air would be, is 2 hours prior to scheduled departure (8 hours for ITAR). Nobody gets through TSA that fast, so you shouldn’t be doing this at the airport anyway. Call your freight forwarder in advance, he can file AES for hand-carries and provide proof of filing for when CBP pulls you out of line at the jetway.

]]> By: Cowboy http://www.exportlawblog.com/archives/326#comment-10077 Cowboy Thu, 24 Apr 2008 11:23:04 +0000 http://www.exportlawblog.com/archives/326#comment-10077 Why do you need a bloodhound to find a CBP officer before an international flight at Miami International Airport? Last year GAO reported that most of CBP's resources at MIA were tied up looking for contraband (Cuban rum and cigars) on passengers returning from Cuba. Apparently, CBP's application of risk management results in the somewhat counterintuitive conclusion that Cuban cigars are a greater threat to US homeland and national security than trafficking in narcotics, money laundering, or exports of controlled technologies. Well done, boys! Why do you need a bloodhound to find a CBP officer before an international flight at Miami International Airport? Last year GAO reported that most of CBP’s resources at MIA were tied up looking for contraband (Cuban rum and cigars) on passengers returning from Cuba. Apparently, CBP’s application of risk management results in the somewhat counterintuitive conclusion that Cuban cigars are a greater threat to US homeland and national security than trafficking in narcotics, money laundering, or exports of controlled technologies. Well done, boys!

]]> By: Mike Deal http://www.exportlawblog.com/archives/326#comment-10071 Mike Deal Thu, 24 Apr 2008 01:40:09 +0000 http://www.exportlawblog.com/archives/326#comment-10071 An excellent point Clif: But as I am sure many will point out, you need a bloodhound in order to find a CBP officer before an international flight and you sure as heck can't expect the sweet faced ticketing agent at the airline ticket counter to file the SED for you. This is just another example of the enforcement agencies going after what they themselves call "low hanging fruit" in order to plus up their numbers and get some easy headlines (plus the inevitable 'atta boy in the joint press release)instead of actually doing the hard work of investigating and prosecuting real threats to national security. An excellent point Clif: But as I am sure many will point out, you need a bloodhound in order to find a CBP officer before an international flight and you sure as heck can’t expect the sweet faced ticketing agent at the airline ticket counter to file the SED for you. This is just another example of the enforcement agencies going after what they themselves call “low hanging fruit” in order to plus up their numbers and get some easy headlines (plus the inevitable ‘atta boy in the joint press release)instead of actually doing the hard work of investigating and prosecuting real threats to national security.

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