7 May 2007

 

 

 

In my opinion, the biggest change facing our practice area in 2007 involves the continuing transformation of our cross-border environment. We continue to see an ever-increasing convergence and institutionalization of “trade security” with the more traditional import-export legal and regulatory framework. For example, the SAFE Port Act was enacted in October 2006 and included among its provisions statutory authority for C-TPAT, as well as a call for increased advance data elements for Customs’ Automated Targeting System….

 

            To the customs and international trade law practitioner, that debate probably is not as important as addressing the immediate concerns of clients who want answers, for example, regarding both C-TPAT-tiered benefits and advice concerning the implementation of changes to the tariff in 2007. These types of client requests take on additional complexity for the legal practitioner if the client imports and/or exports on a global scale…

 

            There seems to be an inherent dilemma in trying to predict how we, as attorneys, address trade-related questions and issues in our post Sept. 11 milieu. On the one hand, government agencies and administrations need to partner with industry to effectively combat terrorism and protect our borders (e.g., C-TPAT -- and on a global scale, the WCO Security Framework), while on the other hand, many of these agencies are, in effect, law enforcement agencies -- regulating the very industries that serve as “partners.” Stay tuned -- if C-TPAT continues to evolve and trade enforcement gains greater traction, 2007 may bring this dilemma into much sharper focus.