The Fish and Wildlife Service is increasing amounts of civil penalties for violations of the laws and regulations it administers, including the Lacey Act and Endangered Species Act, it said in a final rule. The annual increase for inflation raises penalties about 2 percent over penalty amounts set in 2018, FWS said.
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.
A timber conglomerate backed by a prominent Chinese national is illegally extracting timber from Gabon and the Republic of the Congo, watchdog group Environmental Investigation Agency said in a March 25 news release. The Dejia Group is alleged to have supplied timber to the U.S. and "other countries where the importation of illegally sourced timber is a crime, including France, Belgium, Italy, Spain and Greece," the EIA said. U.S. authorities are currently investigating possible Lacey Act violations related to the use of veneers from Evergreen Hardwoods Inc. (see 1903190027), which EIA said is a major importer of Dejia Group timber. “The Dejia-Evergreen case demonstrates the need for US authorities to routinely check due diligence systems, and to vigorously enforce the Lacey Act,” said Lisa Handy, director of EIA’s Forest Campaign. “Otherwise, illegal timber will continue to flow into the US, and American consumers will remain unwitting supporters of devastating forest crime.” The EU should consider all timber products from the Republic of the Congo and Gabon high risk under the EU Timber Regulations, EIA said in recommendations based on the report.
International Trade Today is providing readers with some of the top stories for March 18-22 in case they were missed.
Filing in ACE of Animal and Plant Health Inspection Service “core” partner government agency (PGA) message set data is about to be announced in a Federal Register notice coming in “March or April,” beginning a six- to nine-month informed compliance period before the new data becomes mandatory, Livingston International said in a client alert. The new electronic filing requirements will cover APHIS-regulated commodities, besides Lacey Act data, which is already mandatory in ACE, and will include PGA message set data from 18 paper licenses, permits, certificates and other documents, including health certificates, phytosanitary certificates and import permits. An update to the CBP and trade advanced interface requirements (CATAIR) for APHIS Core, issued in October 2016, “will be required and is expected that it will be reissued upon the announcement,” Livingston said.
ICE Homeland Security Investigations is looking into possible Lacey Act violations related to imports of African wood used by Roseburg Forest Products, an agency spokesman said. “Yes, there is an ongoing investigation," the spokesman said. "These type of global trade investigations are a priority for HSI.” The agency first confirmed the investigation to Oregon Public Broadcasting. Roseburg responded to the report in a March 18 statement and said it would cooperate with the investigators. The company said it first learned of the investigation through a call from HSI on March 11 about "Okoume veneer sourced from Gabon and the Republic of Congo." Roseburg said it is unaware of possible Lacey Act violations by two of its suppliers, Cornerstone Forest Products and Evergreen Hardwoods. "Roseburg will cooperate fully with the authorities’ investigation into Cornerstone and Evergreens’ supply chain practices," the company said. "While that investigation continues, Cornerstone and Evergreen have reassured Roseburg that they have ceased all shipments of Okoume veneer from Gabon and the Republic of Congo. Roseburg has ended the use of the veneer in question in the production of its products, and is no longer selling products manufactured with veneer provided by the named suppliers."
The Trump administration issued its Fall 2018 unified regulatory agenda, advancing its deregulatory program through “structural reforms as well as the practical work of eliminating and revising regulations,” according to the agenda’s introductory statement. The effect can be seen on the individual regulatory agendas of agencies that regulate imports and exports, with many putting out shorter lists that include the elimination of rules and the creation of new regulatory exemptions.
U.S. Attorney General Jeff Sessions highlighted U.S. efforts to combat illegal wildlife trade, including through the U.S.-Mexico-Canada Agreement, during an Oct. 11 speech at the London Illegal Wildlife Trade Conference. "We are tackling this problem head-on in our trade agreements," he said, according to prepared remarks. The new NAFTA "includes the strongest provisions to combat wildlife trafficking of any trade agreement in history," he said. The Justice Department will also be convening an "expert forum to focus on countering the illegal wildlife trade," Sessions said. He also spoke of the continued importance of the Lacey Act, which "remains among our nation’s most powerful weapons in the fight against the illegal wildlife trade."
International Trade Today is providing readers with some of the top stories for Sept. 10-14 in case they were missed.
The Animal and Plant Health Inspection Service will on Oct. 1 begin notifying importers and customs brokers when they submit Lacey Act declarations that contain errors, APHIS said in an emailed update. Importers who receive these letters of non-compliance “do not need to take action to correct the declaration in question, but they should take steps to correct future declarations,” APHIS said. “Repeated failures to correct errors may result in APHIS referring future violations for investigation or potential enforcement action.” Most notifications will be sent by email, it said. “Common errors include: misidentifying the species of imported wood or wood products, listing unlikely country and plant species pairs, submitting incomplete declarations, and/or failing to file a declaration in a timely manner,” APHIS said.
Importers lauded the Animal and Plant Health Inspection Service’s proposal to create a de minimis exemption from Lacey Act declaration requirements, but called for the agency to allow flexibility in how products may qualify, in recently submitted comments on the APHIS proposed rule. But commenters criticized a proposed requirement for declarations to be submitted within three days after importation, instead urging APHIS to harmonize the timeline with other agencies’ import requirements.