U.S., European Union Closer to Trade Mutual Recognition Decision

Washington – U.S. Customs and Border Protection and the European Union Taxation and Customs Union Directorate agreed to language for the U.S.-EU Mutual Recognition Decision today which will lead to its signing in the Spring of 2012. Once signed, the Mutual Recognition Decision will recognize the respective trade partnership programs of the U.S. and the EU—CBP’s Customs-Trade Partnership Against Terrorism and the EU’s Authorized Economic Operator—with reciprocal benefits.

 

“The U.S. and the European Union are one step closer to a mutual recognition decision that will facilitate trade while increasing security of the global supply chain,” said CBP Assistant Commissioner Thomas Winkowski.

 

In 2007, CBP and TAXUD initiated efforts to implement Mutual Recognition between C-TPAT and AEO. Mutual Recognition is an industry partnership program that creates a unified and sustainable security posture that can assist in securing and facilitating global cargo trade. Upon achieving mutual recognition with a foreign partner, one program may recognize the validation findings of the other program.

 

C-TPAT is a voluntary government-business initiative to build cooperative relationships that strengthen and improve overall international supply chain and U.S. border security. C-TPAT recognizes that U.S. Customs and Border Protection can provide the highest level of cargo security only through close cooperation with the ultimate owners of the international supply chain such as importers, carriers, consolidators, licensed customs brokers, and manufacturers. CBP currently has mutual recognition with: New Zealand, Canada, Japan, Korea and Jordan.

 

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Chinese Company Trying to Drive Up Prices

October 21, The Register – (International) Chinese giant halts rare earth shipments to hike prices. China's largest rare-earth producer, the state-owned Baotou Iron and Steel Group, is stopping rare earth shipments to the United States, Japan, and Europe, for a month starting October 19 in an attempt to drive up prices.

 

DailyTech reported the Baotou Group also plans to buy rare earth metals to raise demand and further increase prices. Rare earths are used in many high-tech components, such as disk drive magnets, lenses, and lasers. Lower prices for Chinese-mined rare earths caused China to gradually become the world's largest rare earth provider, controlling 95 to 97 percent of world production. The assumption behind the stoppage is China wants to increase production of goods that use rare earth metals, such as magnets. More money is made using rare earths in finished goods than in mining the minerals… (Read more)

 

Source: The Register via Homeland Security Daily Open Source Infrastructure Report, October 24 2011

Nogales CBP Officers Seize $290,000 in Illicit Outbound Currency

Nogales, Ariz. — U.S. Customs and Border Protection officers assigned to the Tucson Field Office, a component of the Customs and Border Protection Joint Field Command-Arizona, arrested a Mexican woman for attempting to smuggle more than $290,000 in undeclared U.S. currency into Mexico yesterday. 

CBP officers at the Dennis DeConcini Port were conducting outbound inspections, when they referred a Dodge sedan driven by a 36-year-old Mexican woman for further inspection. During a search of the vehicle, five packages of undeclared U.S. currency totaling a little more than $290,000 were located. The vehicle and the currency were seized and the driver was arrested and turned over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations

“I congratulate our CBP officers for preventing this large amount undeclared currency from being taken out of the country,” said Area Port Director Guadalupe Ramirez. “Our outbound enforcement team will continue to intercept illicit funds and keep it from reaching the hands of transnational criminal organizations.”

Individuals arrested are charged with a criminal complaint, which raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

CBP announced the JFC-AZ in February 2011 as an organizational realignment that brings together the U.S. Border Patrol, Air and Marine, and Field Operations under a unified command structure. The JFC-AZ integrates CBP’s border security, commercial enforcement, and trade facilitation missions to more effectively meet the unique challenges faced in Arizona.

CBP's Office of Field Operations is the primary organization within Homeland Security tasked primarily with an anti-terrorism mission at our nation’s ports. CBP officers screen all people, vehicles and goods entering the United States while facilitating the flow of legitimate trade and travel. Their mission also includes carrying out border-related duties, including narcotics interdiction, enforcing immigration and trade laws, and protecting the nation's food supply and agriculture industry from pests and diseases.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

HOMELAND SECURITY: Encouraging Entrepreneurs and High Skilled Workers to Bolster the U.S. Economy and Spur Job Growth

By Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services

The United States has a long, rich history of welcoming innovative entrepreneurs and skilled workers into our country. These men and women fuel our nation’s economy by creating jobs, and promoting new technologies and ideas. Today, I joined Secretary of Homeland Security Janet Napolitano and outlined a series of new policy, operational, and outreach efforts that will help fuel the nation’s economy and stimulate investment by making it easier for high-skill immigrants to start and grow companies and create jobs here in the United States

Encouraging the kinds of streamlining measures USCIS is taking today has been one key focus of the President's Council on Jobs and Competitiveness because they help ensure that America can continue to out-innovate and out-compete the world in a global economy.

As part of the Administration’s comprehensive effort to attract and retain high-skill entrepreneurs, USCIS announced today that it will:

•Clarify that immigrant entrepreneurs may obtain an employment-based second preference (EB-2) immigrant visa if they satisfy the existing requirements, and also may qualify for a National Interested Waiver under the EB-2 immigrant visa category if they can demonstrate that their business endeavors will be in the interest of the United States;

•Expand the Premium Processing Service to immigrant petitions for multinational executives and managers;

•Clarify when a sole employee-entrepreneur can establish a valid employer-employee relationship for the purposes of qualifying for an H-1B non-immigrant visa;

•Implement fundamental enhancements to streamline the EB-5 process based directly on stakeholder feedback;

•Launch new engagement opportunities to seek input and feedback on how to address the unique circumstances of entrepreneurs, new businesses and startup companies.

Secretary Napolitano Announces Initiatives to Promote Startup Enterprises and Spur Job Creation

WASHINGTON—Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today outlined a series of policy, operational, and outreach efforts to fuel the nation's economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment.

"The United States must continue to attract the best and brightest from around the world to invest their talents, skills, and ideas to grow our economy and create American jobs," said Secretary Napolitano. "Today's announcements will help our nation fully realize the potential of existing immigration laws."

"Current immigration laws support foreign talent who will invest their capital, create new jobs for American workers, and dedicate their exceptional talent to the growth of our nation's economy," said Director Mayorkas. "USCIS is dedicated to ensuring that the potential of our immigration laws is fully realized, and the initiatives we announce today are an important step forward."

These actions mark the six-month anniversary of Startup America, a White House-led initiative to reduce barriers and accelerate growth for America's job-creating entrepreneurs. They have also been one key focus of the President's Council on Jobs and Competitiveness, which has recommended taking action to help ensure that America can out-innovate and out-compete the world in a global economy.

USCIS has published a Frequently Asked Questions (FAQs) document on its website clarifying that entrepreneurs may obtain an employment-based second preference (EB-2) immigrant visa if they satisfy the existing requirements, and also may qualify for a National Interest Waiver under the EB-2 immigrant visa category if they can demonstrate that their business endeavors will be in the interest of the United States. USCIS will complement these FAQs with internal training on the unique characteristics of entrepreneurial enterprises and startup companies and incorporate input from the upcoming stakeholder engagements detailed below.

The EB-2 visa classification includes foreign workers with advanced degrees and individuals of exceptional ability in the arts, sciences, or business. Generally, an EB-2 visa petition requires a job offer and a Department of Labor certification. These requirements can be waived under existing law if the petitioner demonstrates that approval of the EB-2 visa petition would be in the national interest of the United States.

In response to stakeholder feedback, USCIS has also updated existing FAQs to clarify that an H-1B beneficiary who is the sole owner of the petitioning company may establish a valid employer-employee relationship for the purposes of qualifying for an H-1B nonimmigrant visa – which is used by U.S. businesses to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as science, engineering, and computer programming.

The EB-5 immigrant investor program is also being further enhanced by transforming the intake and review process. In May, USCIS proposed fundamental enhancements to streamline the EB-5 process which include: extending the availability of premium processing for certain EB-5 applications and petitions, implementing direct lines of communication between the applicants and USCIS, and providing applicants with the opportunity for an interview before a USCIS panel of experts to resolve outstanding issues in an application. After reviewing stakeholder feedback on the proposal, USCIS is developing a phased plan to roll out these enhancements and is poised to begin implementing the first of these enhancements within 30 days.

Created by Congress in 1990, the program stimulates the U.S. economy through capital investment and resulting job creation by immigrant investors. As of June 30, 2011, it is estimated that the program has resulted in more than $1.5 billion in capital investments and created at least 34,000 jobs.

USCIS has also announced the expansion of its Premium Processing Service to immigrant petitions for multinational executives and managers (often referred to as "E13"). The Premium Processing Service allows employers to expedite processing of their petitions, absent evidentiary deficiencies, fraud or national security concerns.

Finally, USCIS is launching a new series of engagement opportunities for entrepreneurs and startup companies. These opportunities will focus on soliciting input from stakeholders on how USCIS can address the unique circumstances of entrepreneurs, new businesses and startup companies through its policies and regulations in the employment-based arena. For detailed information on USCIS's public meetings, please visit uscis.gov/outreach.