Common use of Customs Brokers Clause in Contracts

Customs Brokers. Sub-Sector: Obligations Concerned: National Treatment (Articles 14.4 and 15.3) Local Presence (Article 15.6) Level of Government: Central Measures: 19 U.S.C. § 1641(b) Description: Investment and Cross-Border Trade in Services A customs broker’s license is required to conduct customs business on behalf of another person. An individual may obtain such a license only if that individual is a U.S. citizen. A corporation, association, or partnership may receive a customs broker’s license only if it is established under the laws of any state and at least one officer of the corporation or association, or one member of the partnership, holds a valid customs broker’s license. Most-Favored-Nation Treatment (Article 14.5) Level of Government: Central Measures: Securities Act of 1933, 15 U.S.C. §§ 77c(b), 77f, 77g, 77h, 77j, and 77s(a) 17 C.F.R. §§ 230.251 and 230.405 Securities Exchange Act of 1934, 15 U.S.C. §§ 78l, 78m, 78o(d), and 78w(a) 17 C.F.R. § 240.12b-2 Description: Investment Foreign firms, except for certain Canadian issuers, may not use the small business registration forms under the Securities Act of 1933 to register public offerings of securities or the small business registration forms under the Securities Exchange Act of 1934 to register a class of securities or file annual reports. Level of Government: Central Measures: 47 U.S.C. § 310 (a)-(b) Foreign Participation Order 12 FCC Rcd 23891, paras. 97-118 (1997)

Customs Brokers. Sub-Sector: Obligations Concerned: National Treatment (Articles 14.4 and 15.3) Local Presence (Article 15.6) Level of Government: Central Measures: 19 U.S.C. § 1641(b) Description: Investment and Cross-Border Trade in Services and Investment A customs broker’s license is required to conduct customs business on behalf of another person. An individual may obtain such a license only if that individual is a U.S. citizen. A corporation, association, or partnership may receive a customs broker’s license only if it is established under the laws of any state and at least one officer of the corporation or association, or one member of the partnership, holds a valid customs broker’s license. Most-Favored-Nation Treatment (Article 14.5) Level of Government: Central Measures: Securities Act of 1933, 15 U.S.C. §§ 77c(b), 77f, 77g, 77h, 77j, and 77s(a) 17 C.F.R. §§ 230.251 and 230.405 Securities Exchange Act of 1934, 15 U.S.C. §§ 78l, 78m, 78o(d), and 78w(a) 17 C.F.R. § 240.12b-2 Description: Investment Foreign firms, except for certain Canadian issuers, may not use the small business registration forms under the Securities Act of 1933 to register public offerings of securities or the small business registration forms under the Securities Exchange Act of 1934 to register a class of securities or file annual reports. Level of Government: Central Measures: 47 U.S.C. § 310 (a)-(b) Foreign Participation Order 12 FCC Rcd 23891, paras. 97-118 (1997)