Gree eeting ngs! Let ets Gener enerate e Inter ernational Com Commer erci cial Dea eals. www.TheHempLawFirm.Com
Imports/ rts/ Exp xports rts
My Background ound: I Internationa nal B Busines ness/Law • 20+ Years as Business Manager, Entrepreneur and Lawyer (significant import/export experience from US as well as to/from LaTam and Europe) • Returned Peace Corps Volunteer (Honduras Agricultural Extensionist) • Worked on “three" farms (Ohio, Israel, Honduras, Nicaragua) • MA in International Management (UCSD), J.D. (Vermont Law), LL.M. in Constitutional Law (Sevilla), LL.M. Entrepreneurial Law (CU), LL.M. Taxation (Georgetown Law) • 4 Years Working as Special Assistant Attorney General Colorado “Space and Cannabis Law” • 4 Years Private Practice Majority in “Hemp” (with a little Marijuana) • Licensed by Department of Homeland Security as U.S. Customs Broker • Married to U.S. Customs Broker (dual national, U.S. and Brazil); two dual national kids • Speak Spanish, Portuguese, and Chichewa (familiar, use it or lose it) • Lived overseas 12 Years+ (Mexico, 3 years Honduras, 2.5 years Costa Rica, 1.5 Years Spain, 1 Year Brazil, Years traveling in Central America, 1 Year in Malawi) • Founder Frank Robison Law Group LLC
Imports/E ts/Exports: ts: O Overview How to import/export hemp and hemp products. What you can import/export and where. The role of a Customs Broker The importance of working with regulators in the country of import and export. An overview of the international laws that affect the cross-border movement of hemp, CBD and cannabinoids, including FD&CA, the EU Novel Foods Directive and others.
The G he Good ood Old D Days? Prior to the passage of the Marihuana Tax Act passed, the Customs Agency Service outlined is cannabis policy simply and easy for all to comprehend: • “Marihuana may be cultivated or grown wild in almost any locality. Inasmuch as this drug is so readily obtained in the United States, it is not believed to be the subject of much organized smuggling from other countries.”
Expor ports
Expor ports: M Many Many Oppor ortunities
Expor port O Opportunities es a are e Ever erywher ere • 20,000 to 30,000 identified uses. • The uses and derivative products of hemp are so diverse that hemp intersects an incredible number of markets and industries. Hemp derived cannabinoid products • Industrial products • Pet products • Paper • Textiles • Personal care • Food •
Expor ports/Imports: I Inten end U Use e and E nd End Use M Matte ters End Use and Intended Use Matters, Particularly in Countries where Hemp is an Agricultural Commodity, Regulated Differently than Marijuana or otherwise regulated.
Hem emp E Expor porter ers: Fun Grap aphic
Ba Backgr ground: E Expor ports, Y Yes es You ou Ca Can, n, But But . . . . Electronic Export Information (EEI): Schedule B the flipside to HTSUS, Kind of its Counterpart applicable to shipments of $2,500 of greater should be classified CHAPTER 12 - Oil Seeds And Oleaginous Fruits; Miscellaneous Grains, Seeds and Fruit; Industrial Or Medicinal Plants; Straw and Fodder • 12.11 Plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: • 1211.90.9125 Substances having anesthetic, prophylactic or therapeutic properties and principally used as medicaments or as ingredients in medicaments • 1211.90.9180 Herbal teas or herbal infusions (single species, unmixed) • 1211.90.9195 Other CHAPTER 20: Prepared Vegetables, Fruit, Nuts or Other Plant Parts • 2001.90.6500 Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: Other; Other CHAPTER 53: Other Vegetable Textile Fibers; Paper Yarn and Woven Fabrics of Paper Yarn • 5302.10.0000 True hemp ( Cannabis sativa L .), raw or processed but not spun; tow and waste of true hemp (including yarn waste and garnetted stock):True hemp, raw or retted
Expor ports Direct Shipments/Sales • Work with broker who does exports or other entity specializing in exports (or, you may “just try” – risks increase particularly if you declare a value of $2,500 or legal to legal jurisdiction). • Learning Curve: Austria, Bulgaria, Brazil, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Greenland, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Malta, Mexico (limited), Netherlands, Paraguay, Poland, Portugal, Romania, Slovenia, Spain, Switzerland, Sweden, UK. Business Partners and Associates: Consider setting up a business entity for import/export matters. • Joint Ventures, Collaborations – Have your international “partner,” be the hub of international shipments. • Brother/Sister or Subsidiary.
When i is Electr ctronic E c Exp xport I t Informatio tion ( (EEI EEI) ) (former erly S Shipp pper er’s E Export De Declaration ( on (SED ED)) )) requi quired b ed by C CBP? The Electronic Export Information (EEI) needs to be filed when the value of the commodity classified under each individual Schedule B number is over $2,500 or if a validated export license is required to export the commodity. The exporter is responsible for preparing the EEI and the carrier files it with U.S. Customs and Border Protection (CBP) through the AES or AES Direct.
Expor ports: H Hea eads ds No; o; Tails Y Yes es TWO STEPS: THE EXPORT AND THE IMPORT 1. Country of Origin Laws and Agencies /Export from the USA is likely Illegal • USDA CBP, DEA and the FDA have jurisdiction of the exportation of industrial hemp. • Each country has a specific set of importation laws • Phytosanitary regulations are established by the importing country. 2. Exporters must determine if the importing country requires certification that the commodity meets that country’s phytosanitary regulations; for example, free from a particular prohibited insect.
Expor port P Proces cesses es: G Grain, Seed, Seed, Bi Biom omass Phytosanitary Certification (Issued by Public Officer indicating that seed and live plants meet import requirements) • PPQ Form 577, Phytosanitary Certificate (addresses country of destination requirements). • PPQ Form 578, Export Certificate, Pertains to Processed Plant Products • The USDA Policy is not to issue any Export Certificates for Cannabis Products. • USDA/CDA looking at live plant material only. Seeds and living cuttings. Plant Inspection Act (authority granted to the states to provide a “Certificate of Inspection”) • This does not look at other countries' laws, but rather a statement that the agriculture product is apparently free of pests. • CDA will still do this for any plant for any reason. Does not mean the that product is admissible Example, Colorado Law: If someone wants to look at any agriculture product, then obtain a certificate of inspection that the • agricultural product is apparently free of pests. DEA office in URUGUAY – How did it get there? “Certificate of inspection” apparently free of pests-inspection. • Controlled Substance Act and Other Federal Laws • No federal law that permits the exportation of Cannabis products and the CSA prohibits it. That said, the closer the product is to soap, rope and t-shirt and further from flower or isolates the “easier” it is to export • Section 7606 does not address Imports or Exports • The New Rules punts too.
“I “Iso solates” “D s” “Distillates” s” and “O “Oils” • Is one of the most difficult products to put in international commerce to/from the United States. • CBG, CBN, CBC and, even, TCH-V are easier to move internationally. • THC-V is interesting because it may degrade or be considered a precursor to TCH. I disagree and will counsel you on international shipments. • You can ship hemp oil internationally. • Many Countries Hemp-Derived CBD Oil Should Contain Less than 0.2% THC or a 2000 PPM Basis. • Again, Always look to the country of importation. Often, U.S. regulators, state and federal, are excellent resources for finding counterparts outside of the United States.
Expor port M Mol olecu ecules es a and nd Mor ore You do not know until you do your homework. • Work with foreign government agencies. • Work with foreign customs brokers. • Retain law firms well versed in foreign customs and practices.
Food & d & Be Beverag ages: Coffee i infus used w ed with Whole P Plant E t Extract. ct. Imports? Exports? Coffee is a beverage. Hemp or cannabinoids may not be lawful in the country of importation. At Least Five Variables 1. Type of Beverage: This may change admissibility. 2. Coffee: This can’t change. 3. Hemp: Is it lawful? Does it provide its essential character? 4. Cannabinoids: Are they lawful? Do they provide the essential character? 5. Country: Always look to the country of import first.
Expor ports P Past and nd Fut uture . e . . . Hemp and its Constituent Compounds will be treated like commodities, ingredients and, eventually, GRASS. Thank you for the opportunity to work with you. It’s a privilege and an honor to make my living working wit you.
Hem emp I Imports: Informative e Grap aphic
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