Export/Import Procedures and Documentation

The world of international trade changes daily and staying current with those changes is complex. Unrest in the Ukraine and the Middle East results in sanctions by the United Nations, the United States, and the European Union. Tensions ease in countries formerly sanctioned by the United States and new general licenses are issued. Defense articles previously controlled by the Department of State are transferred to the Department of Commerce with new licensing requirements or in some cases no licenses required at all. New free trade agreements between countries allow for raw materials to transfer from one country to another duty free, making the cost of the manufacturing less expensive, but the record-keeping to support the duty-free claim is vital. Keeping all the balls in the air for trade compliance, supply chain efficiency, and financial competitiveness is challenging. For the experienced international trade professional, it is all about staying abreast of the changes and implementing them into their supply chain as quickly and efficiently as possible. For the startup or domestic company that is first venturing abroad, complying with the rules and regulations for the numerous government agencies in the United States and in other countries can be daunting.

This book provides guidance for the novice to the basic import and export requirements, both from the perspective of the United States, but it also discusses the universality of many compliance requirements established by the World Customs Organization of the World Trade Organization. It is also a handy resource for experienced international traders to review an area that may be unfamiliar to them or to just review the exact language on a specific Customs document.

My career path in international trade was all about making lemonade out of lemons. Having no job in a recession led me to a career first as a customs broker and then as an international trade attorney, and I never looked back. It is precisely the fact that my world is in constant change that keeps me intrigued. It is the variety of commodities and services that my clients offer; the problems they encounter in the countries they import from and export to; the constant evolution of international agreements; the revised focus of each new administration; and the broad spectrum of agencies that regulate the movement of goods in and out of countries that make this business an ongoing challenge.

I am a member of Sandler, Travis & Rosenberg, P.A., co-chair of the firm’s Import and Export Practice Group, and manage the firm’s Chicago office. I feel like one of the elder statesmen these days when I realize that I have been working in this field for more than 40 years. I have lectured extensively on import and export trade regulations at meetings, seminars, and webinars. I have actively participated in many organizations dedicated to this industry and even spent a few years as an adjunct professor teaching lawyers the basics of importing and exporting in the LLM program in International Trade at The John Marshall Law School.

I am very fortunate to have worked with many extremely knowledgeable professionals in this field and have learned from their experience, intelligence, and humor over the years, and in some cases all you can do is laugh. My gratitude goes out to many of them, including Thomas Johnson, the former author and co-author of this book on whose shoulders I stand, Lee Sandler, Len Rosenberg, Tom Travis, Jack Cline, Al D’Amico, Chet Wilson, and many others too numerous to name.

I wish to acknowledge and express my appreciation for the assistance, patience, and moral support provided by Nicole Kehoskie, Mark Segrist, Michelle Mejia, Aman Ansari, and Joey Martinez of the Chicago STR office while I put this edition together. I also wish to thank my editor, James Bessent, for turning what I originally put in writing into something that is both readable and understandable. Finally, my deepest appreciation goes to my family, Thomas, Lindsey, and Tom, for their ongoing love and support.

The information contained herein is accurate as far as I am aware and is based on sources available to me. Nevertheless, it is not legal advice, and specific legal advice based upon the facts and circumstances of the reader’s own situation should be sought in making export or import decisions.

Any comments or suggestions for the improvement of this book will be gratefully accepted.

Donna L. Bade
Sandler, Travis & Rosenberg, P.A.
Chicago, Illinois