International Trade Today is providing readers with some of the top stories for July 30-Aug. 3 in case they were missed last week.
Lacey Act
The Lacey Act and subsequent amendments make it unlawful to import, export, transport, sell, receive, or acquire any plant, fish or wildlife obtained in violation of U.S., tribal or foreign law, as well as any injurious wildlife. The law is administered by the Fish and Wildlife Service, National Oceanic and Atmospheric Administration, Animal and Plant Health Inspection Service and CBP. APHIS has been implementing Lacey Act declaration requirements since 2009. Lacey Act declarations may be filed by the importer of record or its licensed customs broker, and include information on imported item's species name, value, quantity, and country where it was harvested.
International Trade Today is providing readers with some of the top stories for July 30-Aug. 3 in case they were missed last week.
Gibson Guitar and the Department of Justice (DOJ) settled a contentious dispute over allegations of Lacey Act violations related to the purchase of wood from Madagascar and India, both sides said Aug. 6. Gibson agreed to pay penalties, withdraw claims against wood seized as part of the government's investigation and improve compliance efforts, while the government agreed to defer prosecution, according to the agreement.
Extending the Lacey Act import declaration without considering the Lacey Act amendments’ increased product coverage “will have significant and adverse effects for North American manufacturing and supply chains,” said the Forest Products Association of Canada (FPAC) in comments submitted to the Animal and Plant Health Inspection Service. Several commenters urged changes to the Lacey Act import declaration in response to APHIS’ June 6 request to extend the import declaration information collection without change. Public comments from industry cited the heavy burden of the declarations and, noting that the declarations are becoming more burdensome as Lacey Act coverage is extended, recommended a simplified declaration process.
Antiques dealer David Hausman, 67, of New York City, pleaded guilty July 31 to obstruction of justice and creating false records in relation to illegal rhinoceros horn trafficking. The guilty plea was a result of an investigation which included U.S. Immigration and Customs Enforcement and Homeland Security Investigation. Hausman was arrested in February 2012 as part of "Operation Crash," and charged with Lacey Act violations.
The House Natural Resources Committee gave its approval June 7 to HR-3210, the Retailers and Entertainers Lacey Implementation and Enforcement Fairness (RELIEF) Act. If enacted, the bill would amend the Lacey Act to exempt its application to pre-2008 plant imports and products. An amendment introduced by Rep. John Fleming (R-La.) removed provisions that would require a new certification process, adequate funding for the processing of declarations, Federal Trade Commission review etc.
The House Natural Resources Committee will mark up bills June 7, beginning at 10 a.m. including two that would revise Lacey Act provisions. Congress expanded the Lacey Act in 2008 to ban trade in products containing illegally harvested wood or plant material. The changes also require importers to document the genus, species and country of harvest of any wood or plant material contained in an imported product.
Lawmakers, industry executives and musicians voiced disparate views over the need for adjustment to the Lacey Act during a House Natural Resources Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs hearing May 9, 2012. Congress expanded the law in 2008 to ban trade in products containing illegally harvested wood or plant material. Those changes also require importers to document the genus, species and country of harvest of any wood or plant material contained in an imported product.
Congress should revise rules on the importation of wood products and plant material because retailers fear they could lead to unfair government seizure of merchandise ranging from furniture to musical instruments, the National Retail Federation said in a statement. “Retailers recognize the need for environmental conservation but the current law leaves them guessing on which products are legal and which aren’t,” said NRF President Matthew Shay.
Senator Rand Paul (R-KY) and Representative Broun (R-GA) have introduced identical bills, the "Freedom from Over-Criminalization and Unjust Seizures (FOCUS) Act of 2012," which they say would remove each and every reference to "foreign law" pertaining to wildlife, fish, and plants within the Lacey Act and replace its criminal penalties with a reasonable civil penalty system. According to Paul, "it is long overdue that the Lacey Act be revised to address its broad overcriminalization." Representative Broun adds that the FOCUS Act has bipartisan support.