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	<title>J.O. Alvarez, Inc. BLOG</title>
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		<title>Cargo Theft</title>
		<link>http://joalvarez.com/wordpress/?p=60</link>
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		<pubDate>Thu, 26 Aug 2010 16:44:58 +0000</pubDate>
		<dc:creator>joajr</dc:creator>
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		<description><![CDATA[Pharmaceutical Cargo Thefts on the Rise in Mexico Figures recently released by a cargo security firm show that Mexico has become a popular spot for pharmaceutical cargo theft. In the second quarter of 2010 there were six pharmaceutical cargo thefts in Mexico, compared to three in the first three months of the year, according to&#8230; <a href="http://joalvarez.com/wordpress/?p=60">Continue reading &#187;</a>]]></description>
			<content:encoded><![CDATA[<p>Pharmaceutical Cargo Thefts on the Rise in Mexico</p>
<p>Figures recently released by a cargo security firm show that Mexico has become a popular spot for pharmaceutical cargo theft. </p>
<p>In the second quarter of 2010 there were six pharmaceutical cargo thefts in Mexico, compared to three in the first three months of the year, according to logistics security firm FreightWatch. While the number of pharmaceutical cargo thefts makes up a small percentage of overall cargo heists, the numbers indicate an upward trend, reports SecuringPharma.com.</p>
<p>FreightWatch CEO Barry Conlon said that thieves are now targeting pharmaceutical cargo shipments, which is a relatively new practice.</p>
<p>“Pharmaceutical theft four or five years ago wasn’t even on the radar,” he said. “And when it did occur, it was probably a mistake and it would turn up a day later. Now it’s actively being targeted.</p>
<p>The security firm said that pharmaceutical shipments are targeted because they are worth a lot.</p>
<p>&#8220;Drug gangs continue to target high-value truckloads to compensate for drug income losses occasioned by law enforcement efforts of Mexican government,&#8221; the company said.</p>
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		<title>CBP WANTS TO CHECK YOUR LAPTOPS</title>
		<link>http://joalvarez.com/wordpress/?p=57</link>
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		<pubDate>Tue, 24 Aug 2010 22:19:01 +0000</pubDate>
		<dc:creator>joajr</dc:creator>
				<category><![CDATA[Border news and updates]]></category>

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		<description><![CDATA[U.S. CUSTOMS AND BORDER PROTECTION BORDER SEARCH OF ELECTRONIC DEVICES CONTAINING INFORMATION TRAINING: ASSESSMENT AND RECOMMENDATIONS August 20, 2010 PURPOSE In August 2009, the U.S. Department of Homeland Security (DHS) released new U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) directives to enhance and clarify the procedures and processes for&#8230; <a href="http://joalvarez.com/wordpress/?p=57">Continue reading &#187;</a>]]></description>
			<content:encoded><![CDATA[<p>U.S. CUSTOMS AND BORDER PROTECTION<br />
BORDER SEARCH OF ELECTRONIC DEVICES CONTAINING INFORMATION TRAINING:<br />
ASSESSMENT AND RECOMMENDATIONS<br />
August 20, 2010<br />
PURPOSE<br />
In August 2009, the U.S. Department of Homeland Security (DHS) released new U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) directives to enhance and clarify the procedures and processes for searches of laptops and other electronic devices at United States’ ports of entry. In conjunction with the release of the directives, the Department also released a Privacy Impact Assessment on the privacy implications of the new directives in order to enhance public awareness of the policies, procedures, and authorities guiding CBP and ICE officers while conducting searches of electronic devices. The Office for Civil Rights and Civil Liberties will also complete a Civil Rights/Civil Liberties Impact Assessment to assess the civil rights and civil liberties’ implications of the directives.<br />
As a result of the release of the directive, CBP, the DHS Privacy Office, the CBP Privacy Office, and the Office for Civil Rights and Civil Liberties collaborated to assess training materials and course matter on the border search of electronic devices containing information and provide recommendations. This review examines the training methods used to educate CBP officers on the guidance specified in the directive, the number of CBP Office of Field Operations (OFO) officers trained, and the scope of the Border Search of Electronic Information (Border Search) training course.<br />
This assessment and recommendation addresses CBP’s implementation of training related to the CBP directive. For purposes of searches at the border, the term “electronic device” encompasses any device that may contain information, such as:<br />
Laptop computers<br />
Disks<br />
AILA InfoNet Doc. No. 1008365. (Posted 08/23/10)<br />
Drives<br />
Tapes<br />
Mobile phones and other communication devices<br />
Cameras<br />
Music and other media players<br />
BACKGROUND<br />
The CBP Border Search of Electronic Information training course was released for CBP use on November 24, 2009, through CBP’s Virtual Learning Center. The Virtual Learning Center is a component-wide module for personnel to participate in a variety of subject matter training. This computer-based course educates CBP OFO officers on the processes and procedures required to conduct a border search of electronic devices. The course is derived from the requirements of the Border Search of Electronic Devices Containing Information directive dated on August 20, 2009, and the objectives of the course are designed to teach officers how to:<br />
Conduct a border search of information on an electronic device;<br />
Identify special handling procedures for business or commercial information, attorney-client privileged material, medical records, and work-related information carried by journalists;<br />
Identify CBP procedures for detaining electronic devices;<br />
Follow CBP procedures for seeking assistance from other government agencies;<br />
Follow CBP procedures for the retention and sharing of electronic information;<br />
Identify the requirements for reporting a border search of an electronic device; and<br />
Identify the supervisory responsibilities for overseeing the handling of an electronic device.<br />
Since the release of the training on November 24, 2009, approximately 95% CBP OFO officers have completed the course through June 2010. CBP OFO officers employed at the time of the release of the border search directives were notified via memorandum and musters about the release of the new directives, and were required to complete the Border Search of Electronic Information course before March 31, 2010. In addition, new officers take the course during new employee orientation and training. AILA InfoNet Doc. No. 1008365. (Posted 08/23/10)<br />
As part of CBP’s ongoing educational program, all CBP OFO officers are required to complete the Border Search of Electronic Information training course annually. The Border Search training course is one of a variety of training courses taken by CBP employees throughout the year. Officers also receive training in other areas, such as cultural awareness, privacy, and operational procedures, along with initial and recurrent basic officer training. Receiving the Border Search training in conjunction with the other courses provides CBP officers a comprehensive educational experience that enhances officer efficacy and professionalism during interactions with the public, and promotes protection of the public’s privacy, civil rights, and civil liberties.<br />
ASSESSMENT<br />
The Border Search training course is divided into eight lessons. Six of the lessons provide substantive training on the subject matter, and the remaining two lessons encompass the overview and summary of the course. The objectives for each lesson are presented at the outset of each module, and each lesson has between one to three “knowledge checks.” Knowledge checks are questions designed to verify understanding of information presented in the lesson. The course is currently ungraded; however, in order to receive credit for the course, the CBP officers must complete all knowledge checks in each of the lessons. In light of the release of the new directives and the necessity to provide education on the requirements of those directives to CBP OFO officers, implementation of a non-graded course, which need not be the subject of collective bargaining, was the method by which those responsible for executing the directives could receive instruction quickly. Before CBP can convert the Border Search course from a non-graded course into a graded course, CBP management and employee representatives must negotiate the implementation of the course.<br />
After the introductory lesson explaining the nature and purpose of the course, the content of the lessons closely tracks the Border Search of Electronic Devices Containing Information directive. Lesson 2 clearly explains CBP’s authority to conduct searches at the border as specified in the directive, as well as addresses the scope of the directive. Subsequent lessons address handling and review of business confidential information, attorney-client information, medical information, and work-related information. Time frames for detaining an electronic device are definitively enumerated, and the appropriate methods for destroying information are addressed and cross-referenced to related CBP guidance on the destruction of information. The training also addresses when CBP may seek assistance from subject matter experts in other agencies, and the time frame for AILA InfoNet Doc. No. 1008365. (Posted 08/23/10)<br />
response from those agencies. Importantly, the course addresses management and reporting requirements related to the search of electronic devices at the border. Forms to be completed by CBP OFO officers as part of the border search of an electronic device are listed specifically by name and/or number.<br />
The Border Search training course provides a thorough explanation of the procedures related to the search of information contained in an electronic device and provides CBP OFO officers with the requisite understanding of how to correctly implement guidance outlined in the directive; however, the course does not directly address how an electronic device should be searched. The Border Search of Electronic Devices Containing Information directive, as well as the Border Search training course, addresses CBP’s long-standing authority to enforce U.S. law at the border, including by detecting evidence related to terrorism and other national security threats, human and cash smuggling, contraband, child pornography, and financial and commercial crimes. When CBP officers find evidence of these crimes, this course provides clear instruction on the protocol to follow. The course does not, however, address the operational step that occurs before information is discovered &#8212; the actual search of the device.<br />
As OFO officers complete the course, some lessons reference other laws, guidance, policies, or directives that apply to operational procedures at the border. These materials may be accessed via the CBP intranet. The Border Search training course also provides further explanation of key topics in a lesson through the use of clickable links that produce pop-up boxes. The pop-up boxes provide more detailed information on topics ranging from other component directives related to border searches to how to seek guidance from a superior when questions arise. For example, if a lesson addresses how to properly provide notice of a detention of an electronic device to an individual, a pop-up box is available to explain what information should be included in the notification.<br />
It should be noted that CBP has developed another training course designed to provide instruction on triage of electronic devices at the border. This course complements the Border Search training course by providing instruction on the mechanics of physically searching a device. It provides comprehensive instruction on electronic and mobile technology, and CBP officers will have the requisite knowledge to adequately search an electronic device upon completion. However, this course has only seen limited distribution across the ports of entry. The limited distribution does not necessarily indicate that the officers are unprepared to conduct a sufficient examination of an electronic device; triage of electronic devices is frequently undertaken by more senior CBP OFO officers who receive training on an as needed basis before assignment to triage duty. The assessment team asserts that both courses are more effective when taken in conjunction. AILA InfoNet Doc. No. 1008365. (Posted 08/23/10)<br />
RECOMMENDATIONS<br />
In order to increase the usefulness of the Border Search of Electronic Devices training course, the assessment team recommends the following actions:<br />
1. Implement a notification system by which CBP officers who must take the training receive individualized reminders from the Virtual Learning Center that relate to each employee’s personalized learning plan.<br />
2. Implement accountability measures for CBP officers who fail to complete the course annually.<br />
3. Within one year, develop an implementation plan outlining a time frame for component-wide availability of the course on triage of electronic devices.<br />
As previously stated, the Border Search of Electronic Devices training course is an annual requirement for CBP OFO officers. Currently CBP OFO officers are notified of training requirements via email and memoranda en masse, and do not receive individualized automatic reminders that the annual requirement due date is approaching. The assessment team recommends that officers receive individualized email updates reminding them about the duty to complete the Border Search training course at his or her particular annual intervals. An individualized notification method will reduce the likelihood that CBP officers are not included in the memorandum distribution or disregard the mass email notice, thereby failing to complete the course annually.<br />
While Border Search training is an annual requirement for CBP officers, there are currently no accountability measures for those who fail to complete the training. The assessment team recommends that CBP develop accountability and auditing measures for officers who fail to complete the required training. Implementation of these measures will help increase training compliance, and reinforce the importance of adhering to the new border search directives.<br />
The assessment team also recommends that an implementation plan for the component-wide roll out of the training course related to triage of electronic devices be completed within one year. The Border Search training course provides instruction on topics related to the authority to conduct a search, how to review and handle information, how to detain a device and seek other federal agency assistance, how to retain<br />
AILA InfoNet Doc. No. 1008365. (Posted 08/23/10)<br />
information, and how to meet all reporting requirements related to the search. However, the triage course complements the Border Search training course by providing clear guidance on how to search an electronic device. Taken together, OFO officers whose job duties include searching electronic devices will have a more robust education in the electronic device search process. AILA InfoNet</p>
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		<title>NEW APPROACH BY FDA</title>
		<link>http://joalvarez.com/wordpress/?p=56</link>
		<comments>http://joalvarez.com/wordpress/?p=56#comments</comments>
		<pubDate>Tue, 09 Feb 2010 23:11:40 +0000</pubDate>
		<dc:creator>joajr</dc:creator>
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		<description><![CDATA[In a Feb. 4 speech to the Center for Strategic and International Studies, Food and Drug Administration Commissioner Margaret Hamburg laid out the elements of the “new approach” the agency is adopting to ensure the safety of imported food and drug products. Hamburg said FDA is “moving from a system that places most of the&#8230; <a href="http://joalvarez.com/wordpress/?p=56">Continue reading &#187;</a>]]></description>
			<content:encoded><![CDATA[<p>In a Feb. 4 speech to the Center for Strategic and International<br />
Studies, Food and Drug Administration Commissioner Margaret<br />
Hamburg laid out the elements of the “new approach” the agency is<br />
adopting to ensure the safety of imported food and drug products.<br />
Hamburg said FDA is “moving from a system that places most of the<br />
regulatory burden on the FDA’s modest inspection force, to one that<br />
creates greater oversight at points further back along the production<br />
chain.” The FDA needs to know “who is making our foods and drugs<br />
[and] where they are located,” she said, “and we need to be sure<br />
that these facilities are being inspected and are accountable for what<br />
goes into their products as well as the products they produce.”<br />
Hamburg asserted that “massive change is required for FDA to be<br />
able to keep up with a globalized economy.” It is “simply not<br />
possible to count on interdicting everything harmful at our borders,”<br />
she said, noting that an estimated 20 million shipments of FDA regulated<br />
imports will enter the U.S. in 2010 but that less than 1%<br />
are likely to be examined by FDA inspectors. “Similarly,” she added,<br />
“FDA cannot alone conduct a sufficient number of inspections at<br />
foreign manufacturing facilities to help ensure product safety.”<br />
As a result, Hamburg said, “FDA must adopt a new approach …. an<br />
approach that takes into account the entire supply chain and its<br />
complexity; and an approach that will address product safety by<br />
preventing problems at every point along the global supply chain…<br />
from the raw ingredients… through production… and distribution… all<br />
the way to U.S. consumers.” To apply this “basic principle of<br />
prevention to all imports,” FDA is taking the following steps.<br />
Better Controls at Point of Production. Hamburg said FDA is<br />
moving into a phase where it works with regulators, manufacturers<br />
and suppliers wherever they are. There are now permanent FDA<br />
offices in China, India, Costa Rica, Mexico, Chile and, soon, Jordan<br />
that are aiding aid FDA efforts to help these countries and others to<br />
establish the regulatory powers necessary to support safe products<br />
for their own domestic use and a strong, reliable export market. FDA<br />
also now has more than 30 agreements with foreign counterparts to<br />
share inspection reports and other non-public information that can<br />
help the agency make better decisions about the safety of foreign<br />
products.<br />
Holding Importers Responsible for Supply Chains. “In this day<br />
and age,” Hamburg said, “companies must be able to effectively<br />
demonstrate that safety, quality and compliance with international<br />
and U.S. standards are built into every component of every product<br />
and every step of the production process.” Best practices already in<br />
use by some companies “need to become standard practice<br />
throughout industry,” she said, and FDA plans to work with industry<br />
to set standards for technologies and other approaches that can help<br />
them strengthen the safety of their supply chains.<br />
PREDICT System. Stating that FDA has a responsibility to deploy<br />
its resources as strategically as possible, Hamburg formally<br />
announced the Predictive Risk-Based Evaluation for Dynamic Import<br />
Compliance Targeting (PREDICT) system. This new Web-based risk<br />
assessment tool will replace the admissibility screening function of<br />
the legacy OASIS system, assist entry reviewers in targeting higher risk<br />
shipments for examination and expedite the clearance of lower risk<br />
cargo (provided that accurate and complete data are provided<br />
by importers and entry filers). PREDICT was piloted in Los Angeles<br />
and is currently being brought online in New York, and Hamburg<br />
expressed hope that it will be up and running around the U.S. by the<br />
end of the spring.<br />
According to Hamburg, PREDICT uses a variety of assessments to<br />
rank import shipments according to risk. “It considers everything<br />
from whether a product is intrinsically risky&#8211;raw seafood falls into<br />
this category– to information we’ve acquired from previous<br />
examinations of shippers or producers,” she said. “We can even add<br />
information on things like floods, hot weather or market conditions<br />
that suggest whether a particular shipment is at risk of being spoiled<br />
or shoddy. These and other factors are added up to give a risk score<br />
—and the riskiest items are the ones that our investigators will check<br />
first.” Hamburg said PREDICT will automatically flag potentially risky<br />
shipments but will also give lower risk scores to more innocuous<br />
materials, which can then be cleared rapidly through FDA inspection.</p>
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		<title>MEXICO TRUCKS MIGHT ROLL&#8230;..MAYBE</title>
		<link>http://joalvarez.com/wordpress/?p=55</link>
		<comments>http://joalvarez.com/wordpress/?p=55#comments</comments>
		<pubDate>Tue, 09 Feb 2010 23:07:16 +0000</pubDate>
		<dc:creator>joajr</dc:creator>
				<category><![CDATA[Border news and updates]]></category>

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		<description><![CDATA[U.S. borders may soon be opening up to allow more trade with Mexico and for some exporters it can&#8217;t happen fast enough. In March of 2009, lawmakers canceled funding for a test program pioneered by the Bush administration that allowed Mexican long-haul trucks into the United states, because of safety and security concerns. But Mexico&#8230; <a href="http://joalvarez.com/wordpress/?p=55">Continue reading &#187;</a>]]></description>
			<content:encoded><![CDATA[<p>U.S. borders may soon be opening up to allow more trade with Mexico and for some exporters it can&#8217;t happen fast enough.</p>
<p>In March of 2009,  lawmakers canceled funding for a test program pioneered by the Bush administration that allowed Mexican long-haul trucks into the United states, because of safety and security concerns.</p>
<p>But Mexico retaliated by slapping taxes on a long list of U.S. exports, including fruits and industrial goods, worth an estimated $2.4 billion dollars.</p>
<p>&#8220;I can tell you that those industries in the united states, our farmers, our ranchers, our other exporters that have been subject of the retaliation, have made their displeasure known to congress and so there is a sense of urgency within the united states,&#8221; said U.S. Trade Representative Ron Kirk.</p>
<p>Kirk is packing his bags for Mexico this week to move forward with the discussion. He says that President Obama is pushing for congress to remove the clause, which cuts funding for the program and it&#8217;s giving congress the green light to move forward..</p>
<p>&#8220;We have been able to work with congress and Obama is very pleased that the language in the 2009 appropriations bill that essentially cut off the funding for the demonstration safety program was not included in the 2010 appropriations bill,&#8221; said Kirk</p>
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		<title>MEXICAN TRUCK BAN/HIGHER IMPORT TARIFFS</title>
		<link>http://joalvarez.com/wordpress/?p=54</link>
		<comments>http://joalvarez.com/wordpress/?p=54#comments</comments>
		<pubDate>Thu, 04 Feb 2010 23:19:08 +0000</pubDate>
		<dc:creator>joajr</dc:creator>
				<category><![CDATA[Border news and updates]]></category>

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		<description><![CDATA[Tariffs on U.S. agricultural exports to Mexico over the past 11 months are weighing on sales, and a coalition of industry advocates and sympathetic Democratic lawmakers are pushing the Obama administration to solve the Mexican truck dispute that caused the trade friction. In a Jan. 29 letter to members of Congress, Rep. Dennis Cardoza, D-Calif.,&#8230; <a href="http://joalvarez.com/wordpress/?p=54">Continue reading &#187;</a>]]></description>
			<content:encoded><![CDATA[<p>Tariffs on U.S. agricultural exports to Mexico over the past 11 months are weighing on sales, and a coalition of industry advocates and sympathetic Democratic lawmakers are pushing the Obama administration to solve the Mexican truck dispute that caused the trade friction.</p>
<p>In a Jan. 29 letter to members of Congress, Rep. Dennis Cardoza, D-Calif., and Rep. Rick Larsen, D-Wash., asked colleagues to sign a letter encouraging Department of Transportation Secretary Ray LaHood and U.S. Trade Representative Ron Kirk to find a solution to Mexican agricultural tariffs.</p>
<p>Congress terminated funding in the fiscal year 2009 omnibus appropriations bill for a pilot program that would allow trucks from Mexico into the U.S. to deliver loads directly to buyers.</p>
<p>File Photo</p>
<p>A Mexican truck unloads produce in Houston in 2006.</p>
<p>Cardoza and Larsen said the truck ban directly led to Mexico imposing retaliatory tariffs last March, resulting in economic setbacks for hundreds of growers and businesses.</p>
<p>The lawmakers wrote that Congress removed the prohibition in the fiscal year 2010 consolidated appropriations bill.</p>
<p>“Despite repeated letters and communication with the administration, the department of transportation has not moved forward to develop a plan that would remove these burdensome tariffs from the backs of our domestic businesses and farmers,” the letter said to their colleagues said.</p>
<p>In the letter to LaHood and Kirk, the lawmakers expressed concern about the lack of action and transparency by the Department of Transportation to address the tariffs imposed by Mexico.</p>
<p>“These tariffs have had a devastating impact on our local industries and area economies and we urge you to take immediate action to implement a plan of action to rectify this situation,” the letter said.</p>
<p>Calls to the public affairs office of the Department of Transportation were not returned.</p>
<p>Mexico has imposed retaliatory duties on more than 90 products, with ranging between 10% and 45%. Fresh produce items hit by the retaliatory tariff include lettuce, strawberries, pears, apricots, dates and onions. Frozen potatoes were also hit by a 20% tariff.</p>
<p>Without 20% retaliatory tariffs on cherries last season, Mark Powers, vice president of the Northwest Horticultural Council, Yakima, Wash., said industry experts believe that Northwest cherry exporters could have exported 50% more volume to Mexico.</p>
<p>Likewise, the cumulative negative effect on fresh pear growers is close to $11 million, Power said.</p>
<p>“That’s coming straight out of the growers’ pockets,” he said.</p>
<p>The letter to the administration officials said that despite expressions of confidence from the Obama administration for 11 months, a solution would be found that would fulfill U.S. obligations to Mexico under the North American Free Trade Agreement the letter said there is still vision for what the proposed plan will be.</p>
<p>“Our constituents need help immediately and we implore you to work quickly to implement a program that ensures safety and normalizes trade between the U.S. and Mexico,” the letter said.</p>
<p>Powers said a recent USDA listening session about rural economic development in Washington State had growers point out to Administration officials that solving the tariff problem would create instant opportunity and sales for growers.</p>
<p>Meanwhile, he said that U.S. also must show it adheres to its trade obligations to have credibility with other trading partners.</p>
<p>Ag industry decries tariffs</p>
<p>The Alliance to Keep U.S. Jobs, a coalition of agriculture and industry leaders seeking an end to the retaliatory tariffs, said more than $1.5 billion in U.S. manufactured products and $900 million in U.S. agriculture are hurt by the added costs of exporting to Mexico.</p>
<p>“It’s crazy when you have the administration saying on one hand it is all about jobs, jobs, jobs and you don’t fix this problem,” said John Keeling, executive vice president and chief executive officer of the Washington, D.C.-based National Potato Council. Keeling said U.S. frozen potato exports to Mexico are off 50% in value and 60% in volume over the past year, while Canadian exports to Mexico are up 70%.</p>
<p>“The ball has been in the administration’s court to move this forward,” said Kam Quarles, vice president of government relations and legislative affairs for the United Fresh Produce Association, Washington, D.C. Union support for elimination of the pilot program appears to be contributing to the delay in solving the  problem, he said. Quarles said simply restoring the program that had been in place could likely solve the problem in short order.</p>
<p>That pilot program allowed limited access for Mexican trucks on U.S. highways. It began in 2007, six years after a North American Free Trade Agreement dispute settlement panel ruled that the U.S. was in violation of the NAFTA by prohibiting Mexican trucks in the U.S.</p>
<p>“It wasn’t everything the Mexicans wanted under NAFTA, but it was accepted,” Quarles said.</p>
<p>Given the letter from Cardoza and Larsen, Quarles said there is frustration on Capitol Hill about the how much time it is taking to  restore the pilot program and remove the retaliatory tariffs </p>
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		<title>2010 GOOD YEAR FOR MEXICO GROWTH</title>
		<link>http://joalvarez.com/wordpress/?p=53</link>
		<comments>http://joalvarez.com/wordpress/?p=53#comments</comments>
		<pubDate>Wed, 03 Feb 2010 23:31:31 +0000</pubDate>
		<dc:creator>joajr</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

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		<description><![CDATA[Economists following Mexico&#8217;s economy are now forecasting higher growth and more benign inflation this year, taking pressure off the central bank to raise interest rates. A monthly poll by the central bank showed economists on average expect the economy will grow 3.3 percent this year, higher than a forecast of 3.1 percent in the previous&#8230; <a href="http://joalvarez.com/wordpress/?p=53">Continue reading &#187;</a>]]></description>
			<content:encoded><![CDATA[<p>Economists following Mexico&#8217;s economy are now forecasting higher growth and more benign inflation this year, taking pressure off the central bank to raise interest rates.</p>
<p>A monthly poll by the central bank showed economists on average expect the economy will grow 3.3 percent this year, higher than a forecast of 3.1 percent in the previous poll.</p>
<p>Despite the higher forecast for growth, economists cut their inflation outlook to 4.93 percent from 5.04 percent, according to the poll which was released on Tuesday.</p>
<p>Mexico&#8217;s central bank is expected to raise rates this year to head off inflation even though Central Bank Gov. Agustin Carstens has said he is not that worried about inflation.</p>
<p>Tuesday&#8217;s poll will probably make Carstens even less worried, as his chief concern has been that higher taxes and fuel prices push up inflation expectations.</p>
<p>Speaking in Madrid before the release of the poll, Carstens said inflation pressures are well anchored in Mexico despite recent tax and fuel price rises and there is as yet no pressure to raise interest rates.</p>
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		<title>NAFTA NOT TO BLAME</title>
		<link>http://joalvarez.com/wordpress/?p=49</link>
		<comments>http://joalvarez.com/wordpress/?p=49#comments</comments>
		<pubDate>Wed, 03 Feb 2010 23:10:41 +0000</pubDate>
		<dc:creator>joajr</dc:creator>
				<category><![CDATA[Border news and updates]]></category>

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		<description><![CDATA[Participants at a recent conference in Washington blamed Mexico’s failure to achieve above-average economic growth in the past decade on the North American Free Trade Agreement (NAFTA). This criticism is unfair and unwise. The NAFTA agreement is one of the best examples in recent history of a successful, mainstream, and bipartisan project. According to the&#8230; <a href="http://joalvarez.com/wordpress/?p=49">Continue reading &#187;</a>]]></description>
			<content:encoded><![CDATA[<p>Participants at a recent conference in Washington blamed Mexico’s failure to achieve above-average economic growth in the past decade on the North American Free Trade Agreement (NAFTA).  This criticism is unfair and unwise.  The NAFTA agreement is one of the best examples in recent history of a successful, mainstream, and bipartisan project.  According to the U.S. Chamber of Commerce, in the 15 years since NAFTA came into force annual U.S. trade with Canada and Mexico has tripled to nearly $1 trillion.  More than 100,000 small and medium-sized U.S. firms now employ Americans to produce goods and services for export to our NAFTA neighbors.</p>
<p>NAFTA was conceived by President Bush 41, ardently supported by President Clinton (at some considerable political cost to himself), and later promoted as a good model for economic development under the administration of President George W. Bush.  The discussion at the Carnegie Endowment seems to be an ideologically driven departure from something that has delivered good results and should be continued.<br />
The real problem, of course, has been the steady refusal of the deeply entrenched public-sector labor unions and politicians on the left in Mexico and the corporatist enablers who head Mexico’s many monopolistic and oligopolistic companies to make the badly needed economic and governance reforms that would open key sectors such as energy to competition and private foreign and domestic investment.  NAFTA has been a success for both the U.S. and Mexico, to the extent that it has been permitted to succeed in both countries.  Unfortunately, since President Obama came into office he and the U.S. Congress have taken some steps that conflict with either the letter or the spirit of NAFTA (e.g. the cases of “Mexican Trucks” and “Buy America”).</p>
<p>President Felipe Calderon has been trying to get some reforms through the Mexican Congress, but has been largely stymied.  The answer is not “to overhaul NAFTA” but to finish the overhaul of the economy and to observe NAFTA rules in the U.S.</p>
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		<title>NAFTA SURFACE TRADE DOWN</title>
		<link>http://joalvarez.com/wordpress/?p=48</link>
		<comments>http://joalvarez.com/wordpress/?p=48#comments</comments>
		<pubDate>Fri, 29 Jan 2010 00:06:51 +0000</pubDate>
		<dc:creator>joajr</dc:creator>
				<category><![CDATA[Border news and updates]]></category>

		<guid isPermaLink="false">http://joalvarez.com/wordpress/?p=48</guid>
		<description><![CDATA[The decline in surface transportation trade among the United States, Canada and Mexico slowed in November from a year ago compared with comparable figures for October, the Department of Transportation said Thursday. Trade among the North American Free Trade Agreement partners fell 2.9% year-to-year, to $58.9 billion. That compared with October’s 15.5% year-to-year decline, DOT&#8230; <a href="http://joalvarez.com/wordpress/?p=48">Continue reading &#187;</a>]]></description>
			<content:encoded><![CDATA[<p>The decline in surface transportation trade among the United States, Canada and Mexico slowed in November from a year ago compared with comparable figures for October, the Department of Transportation said Thursday.</p>
<p>Trade among the North American Free Trade Agreement partners fell 2.9% year-to-year, to $58.9 billion. That compared with October’s 15.5% year-to-year decline, DOT said.</p>
<p>Truck imports to the United States rose 2.6% to $20.2 billion from a year earlier, while exports dipped 0.5% to $21.2 billion.</p>
<p>Rail imports fell 9.4% to $6.1 billion, while exports fell 11.9% to $3.5 billion. Pipeline imports plunged 18.5% to $4.2 billion, while exports declined 18.3% to $281 million.</p>
<p>U.S.-Canada trade fell 7.2% to $35 billion, while the value of truck imports to the U.S. fell 6.1% and the value of truck exports slipped 1.8%.</p>
<p>U.S.-Mexico trade fell 4.4% to $23.9 billion. The value of truck imports rose 11.5% and the value of truck exports rose 1.7%.</p>
<p>Surface transportation consists largely of freight movements by truck, rail and pipeline. About 90% of U.S. trade among NAFTA partners moves by land</p>
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		<title>SECRETS IN GUADALAJARA</title>
		<link>http://joalvarez.com/wordpress/?p=46</link>
		<comments>http://joalvarez.com/wordpress/?p=46#comments</comments>
		<pubDate>Mon, 25 Jan 2010 23:43:24 +0000</pubDate>
		<dc:creator>joajr</dc:creator>
				<category><![CDATA[Border news and updates]]></category>

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		<description><![CDATA[This week some 38 or so countries are holding a secret negotiation in Guadalajara, Mexico, on something called the Anti-Counterfeiting Trade Agreement. The title is a bit of a fraud, as it highlights the emotive and prejudicial word counterfeiting, while the agreement is about a wide range of intellectual property enforcement issues, of which counterfeits&#8230; <a href="http://joalvarez.com/wordpress/?p=46">Continue reading &#187;</a>]]></description>
			<content:encoded><![CDATA[<p>This week some 38 or so countries are holding a secret negotiation in Guadalajara, Mexico, on something called the Anti-Counterfeiting Trade Agreement. The title is a bit of a fraud, as it highlights the emotive and prejudicial word counterfeiting, while the agreement is about a wide range of intellectual property enforcement issues, of which counterfeits are a small part. The negotiating text is secret. The names of the negotiators are secret. The actual location of the meeting is secret. The scope of the agreement is secret. Even the reason why everything is secret is clouded with secrecy. Well, actually, the agreement is no secret to hundreds of corporate lobbyists who are cleared advisers or who get access under non-disclosure agreements. It&#8217;s just secret from the general public. </p>
<p>Despites tons of grass roots and some DC lobbying only a few members of the U.S. Congress have spoken out calling for the negotiating text for ACTA to be made public. Make that, three members of the U.S. Congress, out of 535. Really, how difficult is it to call for transparency of an IPR negotiation? Apparently too hard for 532 members of Congress. Position Senate House </p>
<p> Make ACTA text public<br />
 Sherrod Brown (D-OH)<br />
Bernie Sanders (I-VT)<br />
 Representative Zoe Lofgren (California, 16th) </p>
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		<title>New Incoterms Nearing</title>
		<link>http://joalvarez.com/wordpress/?p=43</link>
		<comments>http://joalvarez.com/wordpress/?p=43#comments</comments>
		<pubDate>Mon, 25 Jan 2010 18:00:24 +0000</pubDate>
		<dc:creator>joajr</dc:creator>
				<category><![CDATA[Border news and updates]]></category>

		<guid isPermaLink="false">http://joalvarez.com/wordpress/?p=43</guid>
		<description><![CDATA[Incoterms 2010 Likely to Take Effect in January 2011 [Editor’s Note: The following article originally appeared in a Jan. 20 post in International Trade Law News, a blog by ST&#38;R member Doug Jacobson, and is reprinted here with permission.] Frank Reynolds, the U.S. Delegate to the International Chamber of Commerce’s (ICC) Incoterms committee, has provided&#8230; <a href="http://joalvarez.com/wordpress/?p=43">Continue reading &#187;</a>]]></description>
			<content:encoded><![CDATA[<p>Incoterms 2010 Likely to Take Effect in January 2011<br />
[Editor’s Note: The following article originally appeared in a Jan. 20<br />
post in International Trade Law News, a blog by ST&amp;R member Doug<br />
Jacobson, and is reprinted here with permission.]<br />
Frank Reynolds, the U.S. Delegate to the International Chamber of<br />
Commerce’s (ICC) Incoterms committee, has provided International<br />
Trade Law News with an update on the status of the revisions<br />
currently underway to Incoterms 2000, the standardized trade terms<br />
commonly used in international sales contracts.<br />
After receiving a large number of comments from the ICC National<br />
Committees, the Incoterms Drafting Group recently completed a<br />
third draft of the revised version of Incoterms. After comments on<br />
the third draft are submitted by the ICC National Committees, the<br />
Drafting Group will meet in March 2010 to prepare a fourth version<br />
of the draft revisions to Incoterms.<br />
At this time, it remains the ICC’s goal to release the final version of<br />
Incoterms in the fall of 2010 with an effective date of January 1,<br />
2011 (this date is subject to change).<br />
In a change from previous reports, it appears that the new version<br />
of Incoterms will be entitled “Incoterms 2010,” reflecting the release<br />
date rather than the date they come into force (this is the third<br />
name change during this revision). In addition to the information<br />
provided in previous updates, Mr. Reynolds has provided the<br />
following information on items that may be contained in the final<br />
version of Incoterms 2010.<br />
• There will be clear differentiation between the omnimodal terms<br />
and those intended only for marine use.<br />
• Cargo security will be covered to the extent possible with differing<br />
regulatory systems.<br />
• The preambles to each Incoterm will be expanded to better inform<br />
users of its intended use.<br />
• A new term will be included to facilitate use in domestic<br />
transactions and those within Customs Unions where no export or<br />
import clearance obligations exist (as previously noted there are<br />
likely to be fewer than the 13 Incoterms in Incoterms 2000).<br />
According to Mr. Reynolds, the “net result will be a more userfriendly<br />
set of terms reflecting up-to-date trade practice. The<br />
changes are substantial, but the benefits are well worth the effort to<br />
learn.”<br />
In order to prepare for 2011 implementation of the revised<br />
Incoterms, the United States Council for International Business will<br />
be conducting training programs starting in the fall of 2010.<br />
The ICC introduced the first version of Incoterms, short for<br />
“International Commercial Terms,” in 1936. There are currently 13<br />
Incoterms. Incoterms have been revised six times in order to reflect<br />
international trade developments.<br />
Frank Reynolds is the author of Incoterms for Americans, a useful<br />
publication for U.S. exporters and importers, which will be revised<br />
following the publication of Incoterms 2010.</p>
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