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Administrative Law

: Customs Law

Goodbye Ruby Tuesday

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Today is Tuesday, March 23, 2010 and Customs and Border Protection has issued a Federal Register Notice implementing the Junta Anti-Democratic Efforts ("JADE") Act of 2008. First, can someone please stop the acronym madness in Congress? That is one of the most strained acronyms I've seen. I would like my congress person (are you listening Jan Shakowski?) to introduce the Lawyers Always Run Rare Yaks Act of 2010.

The JADE Act actually serves a laudable purpose by seeking to prohibit the importation of gems and precious stones from Burma and, in some cases, other locations. The idea here is that the traffic in these article supports the repressive regime in Burma. Specifically, the articles in question are jadeite, rubies, and jewelry containing them.

The original interim regulations were published here in 2009. Under the regulations, presenting an entry of the covered merchandise is a certification that the goods are not from Burma and do not contain Burmese jadeite or rubies. This certification needs to be made on the basis of a certificate from the exporter. Of course, record keeping obligations attach to the certificates.

So, you are warned. Make sure your documents are in order.

Full post as published by Customs Law on March 23, 2010 (boomark / email).

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