The Department of Homeland Security (DHS) has published its semi-annual regulatory agenda, which contains certain U.S. Customs and Border Protection (CBP) regulatory rulemakings (rulemakings).
Notable CROSS rulings
The Food and Drug Administration (FDA) has issued a notice announcing that it has issued the second edition of its Questions and Answers (Q&A) on the prior notice requirement for imported food. This revised guidance is entitled "Questions and Answers Regarding the Interim Final Rule on Prior Notice of Imported Food (Edition 2)" and is dated May 2004.
U.S. Customs and Border Protection (CBP) has published in the Federal Register its compliance schedule for the required advance electronic submission of information for cargo brought into the U.S. by rail. According to CBP, the dates when rail carriers will be required to comply vary depending on the port of entry at which the rail carrier will be arriving in the U.S.
On March 30, 2004, the Supreme Court decided that the U.S. government's authority to conduct suspicionless inspections at the border includes the authority to remove, disassemble, and reassemble a vehicle's fuel tank in order to search for terrorist weapons, drugs, and other contraband without the need to obtain a warrant or probable cause.
The Wall Street Journal reports that in a ruling the Bush Administration views as vital to its war against terrorism, the U.S. Supreme Court bolstered the powers of U.S. Customs and Border Protection (CBP) to conduct searches, allowing border agents to conduct extensive searches of vehicles at border crossings without reasonable suspicion of criminal activity. According to one legal expert, this decision is a carte blanche for border searches of property, adding that the decision is not terribly surprising, given the whole border control issue and the war on terror. (WSJ, 03/31/04, www.wsj.com )
The Wall Street Journal (WSJ) reports that Federal Reserve Chairman Alan Greenspan warned Congress that tying trade agreements to labor or human rights standards amounts to protectionism that may ultimately harm the U.S. According to Greenspan, using such standards as a cure for the migration and outsourcing of jobs overseas could actually result in job losses. (WSJ Pub 03/12/04, www.wallstreetjournal.com)
The Washington Trade Daily (WTD) reports that the AFL-CIO has filed a Section 301 petition with the U.S. Trade Representative (USTR) urging bilateral negotiations with China to correct what it believes are China's inadequate labor practices and laws. The AFL-CIO asserts that these practices and laws are tantamount to unfair trade practices. (WTD Pub 03/17/04, www.washingtontradedaily.com)
The State Department has issued a press release announcing that the U.S. has signed an Open Skies civil aviation agreement with Madagascar. According to the press release, this agreement provides for open routes, capacity, frequencies, designations, and pricing, as well as opportunities for cooperative marketing agreements, including code-sharing. The press release also states that the agreement includes all-cargo seventh freedom rights, allowing airlines to perform international cargo operations with no connection to their homeland. (State Department press release, dated 03/10/04, available at http://www.state.gov/r/pa/prs/ps/2004/30328.htm.)
The Washington Trade Daily (WTD) reports that the free trade negotiations that began with Bahrain in January 2004 are nearly half completed, with an negotiations possibly being completed as early as June. The WTD states that the U.S. Trade Representative (USTR) believes Kuwait, Yemen, and the United Arab Emirates (UAE) could possibly dock into this agreement. (WTD Pub 03/04/04, www.washingtontradedaily.com)
The Bureau of Industry and Security (BIS) has issued a final rule, effective February 6, 2004, which amends the Export Administration Regulations (EAR) by making certain corrections and clarifications, including the insertion of material inadvertently omitted from previous rules.