Import ft Export Compliance Personal Liability: The Real Risk Grows

摘要

In 2014, a ground-shaking judicial decision introduced the controversial notion that individual employees and officers of corporate importers could face personal liability for corporate import infractions. The import community was understandingly left in disbelief. Following on the heels of that development, Assistant U.S. Attorney General Sally Yates published an equally polarizing and mind-numbing policy memo to all Department of Justice (DO)) staff announcing a shift that prohibits extension of settlement to corporations (and other entities) that are investigated for suspicion of wrongdoing until the corporation has provided complete details concerning every individual that is potentially involved with or responsible for the suspected infraction. The potential scope of this second event not only included import activity, but also included all other corporate activity within the scope of DO) enforcement.