Gree eeting ngs! Let ets Gener enerate e Inter ernational Com - - PowerPoint PPT Presentation

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

• und: 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

• f hemp, CBD and cannabinoids,

including FD&CA, the EU Novel Foods Directive and others.

The G he Good

• od 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

• ther countries.”

Expor ports

Expor ports: M Many Many Oppor

• rtunities

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

• u 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 (

• n (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;

• ; 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

• mass

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

• lecu

ecules es a and nd Mor

• re

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

Innovative N Nutrac aceutical als, L LLC v. U.S.

• A recent holding in a U.S. District Court supports the conclusion that

hemp products are admissible into the United States so long as the product contains 3000 PPM or less of THC. The Court concludes that under the Farm Bill's new Cannabis Sativa L hemp “exemption,” “shipments of industrial hemp product containing less than 0.3% THC by dry weight will clearly fall outside the CSA definition of marijuana and should be admissible and not be subject to seizure” unless regulated by an agency such as the USDA or the FDA because of its intended purpose or end use.

Impor

• rts C

CBD “Isol

• late”

Inadmissible: Intended for Food Adulterated (Maybe) Admissible: Further Processing [into Industrial Goods?]

Why s sho hould you

• u c

care? e?

19 U.S.C. § 1592 (2016) (“Without regard to whether the United States is or may be deprived

• f all or a portion of any lawful duty, tax, or fee thereby, no person, by fraud, gross negligence,
• r negligence--(A) may enter, introduce, or attempt to enter or introduce any merchandise into

the commerce of the United States by means of--(i) any document or electronically transmitted data or information, written or oral statement, or act which is material and false,

• r(ii) any omission which is material, or(B) may aid or abet any other person to violate

subparagraph (A).”). 18 U.S.C. § 541 (2016) “Whoever knowingly effects any entry of goods, wares, or merchandise, at less than the true weight or measure thereof, or upon a false classification as to quality or value, or by the payment of less than the amount of duty legally due, shall be fined under this title or imprisoned not more than two years, or both.” 18 U.S.C. § 542 (2016) “Whoever enters or introduces, or attempts to enter or introduce, into the commerce of the United States any imported merchandise by means of any fraudulent or false invoice, declaration, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance, or makes any false statement in any declaration without reasonable cause to believe the truth of such statement,

• r procures the making of any such false statement as to any matter material thereto without

reasonable cause to believe the truth of such statement, whether or not the United States shall or may be deprived of any lawful duties; or Whoever is guilty of any willful act or

• mission whereby the United States shall or may be deprived of any lawful duties accruing

upon merchandise embraced or referred to in such invoice, declaration, affidavit, letter, paper,

• r statement, or affected by such act or omission--Shall be fined for each offense under this

title or imprisoned not more than two years, or both.”

Imports/E ts/Exports: ts: M My Property ty Was Sei Seized W Wha hat Next?

When can I get it back and what is the status?

• The Customs and Border Protection (CBP) Officer that seized the property

should have forwarded the case to the appropriate supervisor for approval within 24 hours.

• The case is then referred to the Fines, Penalties and Forfeitures (FP&F).
• FP&F Officers will send the suspected violator or all other interested parties

a notice of seizure.

• Any questions or concerns regarding a case should be addressed to the

FP&F at the port of entry where the property was seized. U.S. Customs and Border Protection (CBP) use the Department of Justice website www.forfeiture.gov as the primary method to notify the public that property was seized and is subject to forfeiture.

• Unless the Fines, Penalties, and Forfeitures Officer provides additional time

to the person filing a claim for seized property pursuant to paragraph (a) of this section, the claim must be filed within 35 calendar days after the date the notice of seizure is mailed. If the notice of seizure is not received, a claim may be filed not later than 30 calendar days after the date of final publication of notice of seizure and intent to forfeit the property. 19 CFR 162.94

Imports/Export

• Held
• Detained
• Seized

Imports/E ts/Exports: ts: M My property ty W Was s Sei Seized, W Wha hat N Next?

When can I get it back and what is the status?

• The Customs and Border Protection (CBP) Officer that seized the property should have

forwarded the case to the appropriate supervisor for approval within 24 hours.

• The case is then referred to the Fines, Penalties and Forfeitures (FP&F) office within

three working days.

• FP&F Officers will send the suspected violator or all other interested parties a notice of

seizure.

• Any questions or concerns regarding a case should be addressed to the FP&F at the port
• f entry where the property was seized. U.S. Customs and Border Protection (CBP) use

the Department of Justice website www.forfeiture.gov as the primary method to notify the public that property was seized and is subject to forfeiture. Unless the Fines, Penalties, and Forfeitures Officer provides additional time to the person filing a claim for seized property pursuant to paragraph (a) of this section, the claim must be filed within 35 calendar days after the date the notice of seizure is mailed. If the notice

• f seizure is not received, a claim may be filed not later than 30 calendar days after the

date of final publication of notice of seizure and intent to forfeit the property. 19 CFR 162.94

Imports/E ts/Exports ts Wha hat’s in a a Name? e?

Many people know of the Colorado-based company that makes or made childproof storage bags. It had a simple mission--help parents keep cannabis and pharmaceutical medication locked and away from kids. But Stashlogix has been derailed after U.S. Customs and Border Protection seized its latest shipment of bags and banned (denied entry) the from entering the United States.

Importation: H Hem emp Seeds Seeds, Y Yes es.

Importation of Hemp Seed from Canada

• “Hemp seeds can be imported into the United States from Canada if accompanied

by either: 1) a phytosanitary certification from Canada’s national plant protection

• rganization to verify the origin of the seed and confirm that no plant pests are

detected; or 2) a Federal Seed Analysis Certificate (SAC, PPQ Form 925) for hemp seeds grown in Canada.” Importation of Hemp Seed from Countries other than Canada

• “Hemp seeds may be imported into the United States from countries other than

Canada if accompanied by a phytosanitary certificate from the exporting country’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected.

• Hemp seed shipments may be inspected upon arrival at the first port of entry by

Customs and Border Protection (CBP) to ensure USDA regulations are met, including certification and freedom from plant pests.”

Impor

• rtation
• n B

Best Prac actices: R Required Document nts

Commercial Invoice. A commercial invoice is a customs and commercial transactional

• document. It is used as a declaration by the seller/exporter of the merchandise being

exported/imported, the country of manufacture/or origin, the value of the merchandise, and the tariff. Key fields follow: U.S. Customs Form 7501: Completed by U.S. Customs Broker or importer. Key fields follow:

• Manufacturer ID. If possible, manufacturer associated with manufacturer ID will not have had any

prior issues with U.S. Customs or FDA

• Ultimate Consignee Name and Address. The name and address of the individual or business

purchasing the merchandise or, if a consigned shipment, to whom the merchandise is consigned. In your case, this is likely the same as the Importer of Record. If possible, the ultimate consignee will not have had any prior issues with U.S. Customs or FDA.

• The name should not include the words (or combinations of) oil, cannabis, hemp, CBD, 420, 710, extract, etc.
• Importer of Record. The importer of record is defined as the owner or purchaser of the goods, or

when designated by the owner, purchaser, or consignee, a licensed customs broker. As stated above, this will likely be the same as the Ultimate Consignee. If possible, the Importer of Record will not have had any prior issues with U.S. Customs or FDA.

Importation Bes Best Practices ces: Reqi eqiured Document nts

Certificate of Analysis* (multiple COAs will likely be required, depending on load size):

• Independent Third-Party Certificate of Analysis (accredited by an international standards
• rganization and/or licensed by the country of origin to analyze cannabis, hemp and hemp

products, ideally all).

• Cannabinoid (and optional Terpene) Profile/s:
• Delta8 THC, Delta 9 THC and THCA levels combined should not exceed .3% or 3000 PPM but non-detectable

preferred;

• Side note: For oils the CBD level will ideally be below 50%, but this is not critical.
• CBD level should be below at least 95%, other two percent may be anything that is GRAS.
• Note currently purity is listed as
• Mycotoxins: All tested data points should be non-detectable/ND pursuant to U.S. Standards.
• Heavy Metals: All tested data points should be non-detectable/ND pursuant to U.S. Standards.
• Pesticides: All tested data points should be non-detectable/ND.
• Microbiology (qPCR): All tested data points should be negative.

Airway Bill/Bill of Lading

Importation Bes Best Practices ces: P Packaging

PACKAGING

• Size: 1-kilogram or 5-kilogram containers, packaged in boxes, put on pallets.
• Material of container: Industrial glass (recommended).
• Sanitization: Create and maintain a SOP for how the containers are cleaned, e.g.,

high pressure purified water and UV sterilization.

• Container Labels: SKU, Batch Number, Manufacturer Name and Address, Importer

Name and Address, and Airway Bill Number (i.e., waybill number)—if available— potentially among other information.

• Do not include the words hemp, CBD, cannabis . . .
• For merchandise shipped in metal containers, you must review the specifications
• f the metal contains including FCE SID (https://www.registrarcorp.com/fda-

food/fce-sid/). dimensions and volume.

Importatio tion B Best P t Pract ctice ces: Managi ging E ng Entry o

• f

Prod

• duct

cts

FDA review requires creating “an FDA code” and likely requires what is called “prior notice of importation.” This is done prior to shipping the

• merchandise. CBP or FDA may require documents such as COAs, MSDS

and others. We have indicated what we think you should proactively

• include. To the point of this section, it is helpful to use a U.S. customs

broker that has relationship with customs and FDA officials at the port

• f entry. A continuous bond is preferred over a single entry. Once you

ship with a standard common carrier (as opposed to UPS) you should consider shipping the merchandise “in bond” or IT (i.e. “In Transit” and having it clear customs in Denver or another port besides Miami or Long Beach.

Impor

• rts/Expo

ports: C CO Ex., S Seed, ed, G Gain n an and Bi BioMas ass Focus, Jurisdi diction E n Ends nds

“The Colorado Department of Agriculture assists producers in exporting plant products via our Phytosanitary program. This program supports and facilitates the export of plants between states and internationally by meeting receiving state/country pest and disease freedom certification requirements. This is a USDA APHIS PPQ and National Plant Board sanctioned program. With the adoption of the 2018 Farm Bill, the Colorado Department of Agriculture nursery, seed, plant inspection and phytosanitary certification programs may be needed for your future business endeavors. This letter is provided as an educational and communication tool so that you may plan for future needs. Nationally and internationally all propagative plant material and seed that is moving between states and countries must be inspected and certified for pest and disease freedom. Propagative material must meet national and international plant cleanliness standards. CDA and other state departments of agriculture are the only recognized certification authorities able to provide certification to meet these standards.

Imports/Exports: Wha hat i is i in a Name? e?

• A-Bomb
• Alfalfa
• Almohada
• AZ
• Bazooka
• Bionic
• Blue

Dream

• Branches
• Café
• Cajita
• Llesca
• Loud
• Lucas
• Manteca
• Mersh
• Mexicali

Haze

• MMJ
• My Brother
• Nug
• Palomita
• Pasto
• Pasture
• Tangy OG
• Terp
• Terpenes
• Tigitty
• Top Shelf
• Train Wreck
• Trinity OG
• Valle
• Zip
• Camara
• Diosa Verde
• Elefante Pata
• Escoba
• Fattie
• Gallina
• Garifa
• Green Crack
• Greenhouse
• Hoja
• Leña
• Peliroja
• Pink Panther
• Pintura
• Plant
• Porro
• Prop 215
• Purple OG
• Red Hair
• Shoes
• Sour OG
• Sticky

La Latin A America: Lo Love i it b but I t I am Red White B e Blue a e and w d with Y You . u . . . United ed States es Hem Hemp F p First

LatAm making advances as ¿hemp? leader Cosmetic Products Hemp Oils Seeds, Grain BioMass Countries Making Advances Colombia Uruguay

El Loco, Fabio Herrera

Sample of Countries

• Spain
• Ireland
• Italy
• Cheech Republic

Intended Use, End Use, Claims . . . Matter

Eur urope: e: Expor portation or

• r Be

Better er Sa Said Impor portation F Friend endly

While this is an MMJ map, it provides a glimpse into the potential hemp opportunities.

Eur urope: e: Traditional F Food

• ods v

ver ersus us Novel el F Food

• ods

The European Commission has reclassified CBD as a novel food mean that cannabidiol and hemp-derived food supplements may soon be illegal to sell through the entire continent.

• The European Commission's Working Group of Novel Foods, to the

Novel Foods catalogue for the term ‘Cannabinoids’ now states,

• “…extracts of Cannabis sativa L. and derived products containing

cannabinoids are considered novel foods as a history of consumption has not been demonstrated.”

• “This applies to both the extracts themselves and any products to which they

are added as an ingredient (such as hemp seed oil). This also applies to extracts of other plants containing cannabinoids. Synthetically obtained cannabinoids are considered as novel.”

UK: Expor ports (from a anywher ere), Imp mport to to UK

Asia: D Diver erse E e Expor port/Import Leg egal Regi egimes es

Japan

• As far as I know stalk and seed restrictions but possibly open to bio-idententical.

South Korea

• Established Hemp Seed Market (Canada to South Korea)
• Growing, opportunities . . . Allows Cannabinoid derived from Hemp Products in Certain

Cases. China is the largest hemp producer and it is creating hemp IP on many levels. Exports from China

• Textiles
• Oils, Waxes, Other Constituent Compounds
• Grain, Seed

Imports to China More Complicated

High ghly R Regu egulated ed Agr gricu culture Com e Commodity?

Regulatory issues, including

• U.S. Customs holds, detentions, seizure

and confiscations.

• Bank Accounts Shut Down.
• Merchant Account Difficulties.

This sadly remains part of being in the hemp industry.

Tran anspor

• rtation
• n C

Compan anies

Bright Blue Ball Spinning Spinning Free . . .

• Send the Commercial Invoice and Packing

List to the Transportation Company First (express carriers are special and a mixed bag).

• Transportation Companies are also a mixed

bag.

• Europe is highly concerned about the VAT.

Make sure Importers Have VAT Registration.

• Incoterms Match Commercial Deal.

Com Common Ca Carrier er: USP SPS

The following excerpt is a direct quote from USPS’ new policy:

• “Hemp and hemp-based products, including cannabidiol

(CBD) with the tetrahydrocannabinol (THC) concentration

• f such hemp (or its derivatives) not exceeding a 0.3

percent limit are permitted to be mailed only when:

• a. The mailer complies with all applicable federal, state, and local

laws (such as the Agricultural Act of 2014 and the Agricultural Improvement Act of 2018) pertaining to hemp production, processing, distribution, and sales; and

• b. The mailer retains records establishing compliance with such

laws, including laboratory test results, licenses, or compliance reports, for no less than 2 years after the date of mailing.” Let’s Give Credit Where Credit is Due

USPS PS: BM BMA A Adv dvisory: A Acceptan ance Cr Criteria f a for Ca Cannab abidiol ( (CBD CBD) O Oil a and nd Produc ducts Co Contai aining CBD CBD . . . . Detail.

• On March 4, 2019, the United States Postal Service (“USPS”) Business Mail Acceptance (“BMA”)

released guidance on mailing hemp-derived CBD. In the “BMA Advisory: Acceptance Criteria for Cannabidiol (CBD) Oil and Products Containing CBD”, the USPS provides temporary “acceptance” criteria for demonstrating when a mailing is compliant with the 2014 Agricultural Act (“2014 Farm Bill”). Pursuant to the advisory, a mailing is compliant when it contains the following documentation:

• A signed self-certification statement, subject to the False Statements Act (18 U.S.C. § 1001).

Statements must be printed on the mailer’s own letterhead, and must include the text, “I certify that all information contained in this letter and supporting documents are accurate, truthful, and

• complete. I understand that anyone who furnishes false or misleading information or omits

information relating to this certification may be subject to criminal and/or civil penalties, including fines and imprisonment.”

• The industrial hemp producer possesses a license issued by the Department of Agriculture, for

the state where the Post office/ acceptance unit is located, which includes documentation identifying the producer by name and showing the mailer is authorized by the registered producer to market products manufactured by that producer.

• The industrial hemp, or products produced from industrial hemp, contains a delta-9 THC

concentration of not more than 0.3% on a dry weight basis.

Com Common Ca Carrier er: UPS

"Shipping Hemp Products The shipment of Marijuana, as defined in 21 U.S.C. §802(16), is prohibited under any circumstances, even when Marijuana is for medicinal purposes or is otherwise legal under a state’s law. Hemp, as defined in 7 U.S.C. § 1639, is also prohibited from shipment when in plant form. UPS accepts products made from Hemp (including Cannabidiol - CBD) for shipment only as permitted by all applicable state and federal laws. It is the responsibility of the Shipper to ensure compliance with all such laws, including the Food, Drug & Cosmetic Act, 21 U.S.C. §321, et seq. UPS will not accept Shipments containing Hemp products from any location that sells Marijuana or Marijuana products. UPS reserves the right to dispose of any shipment containing Marijuana, Hemp or Hemp products tendered for shipment which Shippers are prohibited from shipping, which UPS is not authorized to accept, which UPS states that it will not accept, or which UPS has a right to refuse. UPS reserves the right to discontinue service to any Shipper for, among other reasons, tendering a Package containing Marijuana, Hemp or Hemp products that does not comply with all applicable laws or the UPS Tariff/Terms and Conditions of Service.”

• https://www.ups.com/us/en/help-center/packaging-and-supplies/special-care-shipments/hemp.page

Common

• n C

Car arrier: FED EDEX EX Expr pres ess T Ter erms a and nd Con Conditions

Prohibited Items

• You are prohibited from tendering the following items for shipment, and

you agree not to do so: ***

• (t) Hemp plants, hemp leaves, hemp oil, hemp seed oil and CBD derived

from hemp.

• (n) mited to, kratom and Salvia divinorum.

FedEx Express Terms and Conditions, Effective January 7, 2019, Updated October 1, 2019

Common

• n C

Car arrier F FED EDEX EX: FedE edEx Grou

• und T

Tariff

Prohibited Items You are prohibited from tendering the following items for shipment, and you agree not to do so:

• 19. Hemp plants, hemp leaves, hemp oil, hemp seed oil and CBD derived from

hemp.

• 20. Any substance that has not been approved for a medical use by the U.S. Food

and Drug Administration and also has been listed as a Drug or Chemical of Concern by the U.S. Drug Enforcement Administration, including, but not limited to, kratom and Salvia divinorum. Tariff 200-FF, effective January 7, 2019, Updated October 1, 2019

Com Common Ca Carrier er D DHL: Informs Cus Custom

• mer

ers N No

• Hem

emp R Regu egularly

TSA: Pol

• licy

cy a and nd St Strategy egy

• Medical Marijuana
• Carry On Bags:
• Yes (Special Instructions)
• Checked Bags:
• Yes (Special Instructions)
• Marijuana and certain cannabis infused products, including some Cannabidiol (CBD)
• il, remain illegal under federal law except for products that contain no more than 0.3

percent THC on a dry weight basis or that are approved by FDA. (See the Agriculture Improvement Act of 2018, Pub. L. 115-334.) TSA officers are required to report any suspected violations of law to local, state or federal authorities.

• TSA’s screening procedures are focused on security and are designed to detect potential

threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during

Wave e that Flag g Wide a e and nd H High

Colorado hemp-advocate Michael Bowman gave the flag to now Governor Jared Polis July 4, 2013. Then, hemp was a Schedule I Controlled Substance, but Miles to Go on this Long Strange Trip.

Inter ernational trade de and m nd multinational “ “en enter erprises es”

Five principal channels of international trade that give rise to intellectual property deals and considerations

• 1. Trade in goods
• 2. Trade in services
• 3. Knowledge and technology transfer (intellectual property)
• 4. Foreign direct investment (“FDI”)
• 5. Joint Ventures, Collaborations

Multi-lateral world trading system has grown with implementation of GATT and WTO

• 1. “Technology transfer”: Process by which an owner of technology protected

by some form of IP will authorize use of those rights to another

• 2. As mentioned elsewhere, a transfer can be absolute (e.g. a complete

assignment) or limited (e.g. a license)

Inter ernational t trade a de and nd multinational “enterprise ises” s”

IPRs (“Intellectual Property Rights”) play significant role in facilitating international trade 1. Sellers of goods are more likely to sell to a nation that has strong regime protecting IPRs 2. Owner of technology is more likely to transfer technology where the recipient nation has a strong legal regime protecting IPRs 3. Largest multinational enterprises (MNEs) are larger than many countries EVEN THOUGH MNEs DOMINATE IN THE TRANSFER OF KNOWLEDGE AND TECHNOLOGY ON A WORLDWIDE BASIS AND DRIVE THE WORLD’S INNOVATION PROCESS AS THEY HAVE THE RESOURCES TO ENGAGE IN RESEARCH AND DEVELOPMENT CRITICAL FOR INNOVATION, THAT DOESN’T MEAN YOU SHOULDN’T CONSIDER AND PURSUE INTERNATIONAL DEALS.