The Directorate of Defense Trade Controls states that by notice from the Department of the Air Force on February 24, 2012, the debarment of Ceva Logistics LLC a/k/a EGL, Inc. from contracting with an agency of the government is terminated. However, effective immediately, DDTC is debarring other freight forwarders from government contracting by action of February 16, 2012: (1) BAX Global Inc.: Irvine, CA; (2) Kuhne and Nagel International AG, Schindellegi, Switzerland; (3) Panalpina Welttransport (Holding) AG: Basel, Switzerland; (4) Panalpina Inc.: Morristown, NJ; and (5) Schenker AG: Nordrhein-Westfalen, Deutschland. These five entities are ineligible to contract with an agency of the U.S. Government and are therefore generally ineligible in accordance with Section 120.1 of the International Traffic in Arms Regulations (ITAR).
According to various press sources, the Port of Los Angeles has filed a brief with the Supreme Court, urging it not to overturn four of the Port's Clean Truck Program concession requirements that were upheld by the lower Court of Appeals for the 9th Circuit. The Port filed this brief in response to a petition filed by the American Trucking Associations (ATA) in December 2011 which sought to appeal the lower court's ruling.
The Supreme Court will hear a case on February 28, 2012 related to whether corporations can be sued in U.S. courts for violations of human rights committed abroad. This case involves Royal Dutch Petroleum Co., Shell Petroleum Development Company of Nigeria, Ltd., and Shell Transport and Trading Company PLC and considers whether corporations are immune from tort liability under the 1789 Alien Tort Statute (ATS, 28 USC 1350) for violations of nations' laws, such as for torture, extrajudicial executions or genocide; or if corporations may be sued in the same manner as any other private party defendant under the ATS for such egregious violations.
On February 22, 2012, the World Bank announced the debarment of Alstom Hydro France and Alstom Network Schweiz AG (Switzerland) in addition to their affiliates, for a period of three years following Alstom's acknowledgment of misconduct in relation to the World Bank-financed Zambia Power Rehabilitation Project. In 2002, Alstom made an improper payment of €110,000 (about $147,510) to an entity controlled by a former senior government official for consultancy services in relation to the hydropower project. During the debarment period of Alstom Hydro France and Alstom Network Schweiz AG, Alstom SA and its other affiliates are conditionally non-debarred. Under the Settlement Agreement, the companies commit to cooperating with the World Bank’s Integrity Vice Presidency and continuing to improve their internal compliance program. The debarment qualifies for cross-debarment by other multilateral development banks under the Agreement of Mutual Recognition of Debarments that was signed in April 2010.
The Justice Department announced on February 23, 2012 that Albert “Jack” Stanley, a former chairman and chief executive officer of Kellogg, Brown & Root Inc. (KBR), was sentenced on February 23, 2012 to 30 months in prison for conspiring to violate the Foreign Corrupt Practices Act (FCPA) by participating in a decade-long scheme to bribe Nigerian government officials to obtain engineering, procurement and construction (EPC) contracts and for conspiring to commit mail and wire fraud as part of a separate kickback scheme. Stanley has also been ordered to serve three years of supervised release following the prison term and to pay $10.8 million in restitution to KBR, the victim of the separate kickback scheme.
In the August 2007 - January 2008 new shipper review of certain frozen fish fillets from Vietnam, producer/exporter Hiep Thanh claimed it had no knowledge that certain sales it made to a Mexican purchaser would remain in the U.S. as consumption entries. Hiep Thanh therefore challenged the International Trade Administration's inclusion of the sales in the company's U.S. sales list and margin calculation. In two remands, the Court of International Trade faulted the ITA for “too many internal inconsistencies and unexplained conclusions,” ordering it to clarify its analysis and provide a definition for its use of the term "exportation."
Domestic producers of honey, mushrooms, garlic and crawfish sued the U.S. government and multiple import sureties, citing both the failure of the U.S. trade agencies to collect, liquidate and distribute new shipper antidumping duties, and the failure of the sureties for Chinese food product shippers to require and fulfill sufficient bond guarantees. While the appeals court largely upheld a 2010 decision by the CIT dismissing all of the plaintiffs’ claims, the CAFC did overrule the lower court in concluding that the CIT’s jurisdiction could not extend to disputes between the domestic producers and sureties, as they are two non-governmental parties.
On February 17, 2012, the Justice Department announced that Jeng "Jay" Shih was sentenced to 18 months in prison, while his company, Sunrise Technologies and Trading Corporation, was sentenced to 24 months corporate probation for conspiracy to illegally export U.S.-origin computers to Iran through the United Arab Emirates in violation of the Emergency Economic Powers Act (IEEPA).
The Court of International Trade has ruled that Rack Room Shoes, SKIZ Imports LLC, and Forever 21, Inc., which had challenged the constitutionality of certain tariff provisions of the Harmonized Tariff Schedule (HTS) on the grounds that the tariffs unconstitutionally discriminate by gender and age, did not plausibly demonstrate government intent to discriminate, dismissing the case with prejudice.
U.S. Immigration and Customs Enforcement (ICE) announced on February 16, 2012 that Mustafa Abdul Aljaff, owner of MVP Micro and other companies operating in California, was sentenced to 30 months in prison for conspiring to sell counterfeit integrated circuits to the U.S. military, defense contractors and others. According to government evidence, he was the mastermind and leader of the highly sophisticated fraud scheme to import, sell, manufacture and distribute, in interstate and international commerce, counterfeit integrated circuits between September 2007 and August 2009.