Friday, January 23, 2009

Hold Everything

UPDATE: CHECK OUT THE DISCUSSION IN COMMENTS. I MAY HAVE JUMPED THE GUN A BIT.

UPDATE 2: HERE IS THE MEMO.

The Obama Administration has halted the implementation of all pending regulatory changes until they are reviewed. This throws lots of Customs and Border Protection activity into limbo. For now, the Importer Security Filing (AKA 10 + 2), aspects of the Lacey Act, the country of origin rules, etc. are on hold.

I suspect that these things will move forward unless there is a coordinated outpouring of opposition from the trade. In the big picture, I think these issues are not likely to strike the new administration with the same force as, for example, putting a drilling rig on every beach from Maine to Florida.

But, all we can do is wait and see.

Another thing to watch will be action or inaction on trade agreements. Columbia, Korea, and others have been stalled. The Obabma people have not been kind to FTAs until this point. So, we wait on that as well.

3 comments:

Jim Dickeson said...

Larry,

The order was aimed only at those items not yet published in the Federal Register, of which 10+2, Lacey and several others were already published. To move against what's published would be, I believe, exceeding his authority.

Now he can request that the agencies involved extend implementation beyond the requisite 60 days after publication to, say, an addition 60 days, but the agencies are not obliged.

Lacey implementation has been extended because of inherent problems, a decision that I think predates the inauguration. But 10+2 will not likely be extended because of the already existing one year structured review period.

My guess anyway.

Larry said...

I gather no decision has been made on what to do with 10 + 2 but other published proposals are on hold. But, I freely admit that I am working from rumor and unconfirmed sources here. As I say at the top of the page, this isn't legal advice (which I know is not an excuse to say any old thing I hear). I'll update as we get info. Also, watch the news panel at www.barnesrichardson.com.

aduana said...

Congratulations by your blog.

From a portuguese customs lawyer.