Lawyer Monthly magazine conducts an in-depth interview with our very own Adrienne Braumiller on International Trade. 

Lawyer Monthly: What is your take on the current status of international trade?

Adrienne: International trade continues to grow in spite of any recessions and economic downturns. Companies are continually seeking new markets or sources of supply and labor. Trade appears to be recession-proof, but with an increase in trade comes an increase in trade sanctions and enforcement. The volume of trade continues to grow, giving Customs agencies throughout the world a real challenge in the handling of enforcement and trade facilitation with static resources and ever increasing volume of trade.

Lawyer Monthly: What areas has Customs been focusing on lately?

Adrienne: U.S. Customs responds to pressures from several angles. Importers seek recognition and concessions for investing in compliance. Domestic parties seek protection from infringing or unfair imports.  Foreign parties want increased access to U.S. markets. Congress is still seeking to legislate major changes as to how the agency manages trade and compliance. What are some of the major compliance issues? Two main areas for customs compliance are intellectual property protection and anti-dumping/countervailing duty. U.S. Customs has been under considerable pressure from Congress and domestic interests to improve its enforcement in these areas. Unethical importers continually seek ways to circumvent the laws and Customs faces major challenges to discover the offenders. It will be difficult for U.S. Customs to make anything other than marginal improvements in enforcement of IP and ADD/CVD. However, one huge hurdle many importers are encountering with increasing frequency involves the use of whistle blower cases under the False Claims Act, wherein a disgruntled or ex-employee informs the U.S. Government that its employer committed fraud by failing to pay ADD/CVD duties. These types of cases are very expensive to defend given the mounds of documents that typically must be reviewed and turned over, and where the penalty is three times the underpayment. I want to point out that False Claims Act cases are not limited to ADD/CVD matters but can be brought for other types of cases where the U.S. Government has been defrauded.  It’s also lucrative to the whistleblower who stands to receive up to 30% of any penalty the Government collects.

Click here to read the full interview.