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Legal > Customs Enforcement > Flashcards

Customs Enforcement Flashcards

1
Q

Merchandise

A

Goods, Chattels of every description and includes merchandise the importation of which is prohibited and monetary instruments (basically anything tangible)

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2
Q

4 categories of merchandise

A
  1. Prohibited
  2. Restricted
  3. Admissible but dutiable
  4. Admissible non dutiable
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3
Q

Steps in Customs Importation Process

A
  1. Pre entry
  2. Entry
  3. Arrival
  4. Examination/ inspection
  5. Liquidation/duty collection
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4
Q

Purchase order

A

When a purchaser enters into a contract with a foreign supplier

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5
Q

Bill of Landing

A

Record that reflects what was placed in/on the mode of transportation and terms of transport

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6
Q

Manifest

A

Record of all items and people on board the mode of transportation

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7
Q

Import

A

Goods brought into US territory (including waters) even if actual entry hasn’t been made

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8
Q

Importer of record

A

Must sign entry’s as being true
Can be owner, purchaser, or customs broker
Making entry is responsibility of the importer of record

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9
Q

Unlading

A

Taking off merch from a conveyance

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10
Q

Liquidation

A

Process that finalized all the duties and fees the importer must pay

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11
Q

Appraisement

A

Process of verifying value of merch entering

CBP or import specialist appraise

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12
Q

Classification

A

Process of verifying nature of the goods being entered

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13
Q

National of US

A

A US citizen, or a person who owes permanent allegiance to US

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14
Q

7 steps of the immigration process

A
  1. US National or alien
  2. Aliens obtain permission to apply for admission
  3. Arrival
  4. Examination Process
  5. Inspection process
  6. Admission process exceptions
  7. Admission denied
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15
Q

When can a customs officer board a vessel?

A

With no suspicion, can board and document check any vessel on US territorial sea, or inland with access to high sea

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16
Q

Vessel RS of customs violation

A

May search all non-private areas of the vessel (open Dec, cargo)
Protective sweep for persons

17
Q

19 CFR 162.3

A

Can board and check papers of any US boat located in high waters

18
Q

Search warrant package

A

AO 106
Attachments ABC
AO 93

19
Q

Protective sweep

A

Use RS on test

20
Q

SIA in a car

A

Immediate reach/passenger compartment

21
Q

Boarder Exception

A

An authorized agent may stop all people, objects that enter US from foreign territory
Search is for merch and evidence of merch
Used to regulate duty collection

22
Q

Functional Equivalent of the Boarder

Inbound

A
  1. Authorized agent
  2. Search for merch or evidence of merch
  3. At FEB inbound
  4. Reasonably certain of boarder nexus and they haven’t changed
  5. Must occur at the first practical detention point
23
Q

Functional equivalent of the boarder

Outbound

A

Authorized agent, search for merch, performed at the functional equivalent (outbound)
Must be reasonably certain of border nexus and hasn’t been altered
Occur at the last practical detention point

24
Q

Extended Border

A

Must be reasonably certain of border nexus, hasn’t been altered
And RS of criminal activity
May enter private land but not dwellings

25
Q

Person search at POE

A

1 articulable fact: Pat down, remove belt, lift pant, remove wig, roll up sleeves
RS: May lift clothing, remove artificial limb

26
Q

Non routine search of items

A

RS required
If cutting or damaging to the object
Drilling into things = destructive
Disassemble and reassemble = not destructive

27
Q

Detaining documents

A

Need 0 suspicion
Has to be related to admissibility like IDing who they are
May take copies and retain
May seek translation

28
Q

Non citizen admissibility interrogation

A

Those seeking entry may be subject to interrogation and do not have a right to remain silent

29
Q

Administrative warning

A

Miranda is not required in administrative hearings (seeking removal) unless there are criminal charges

30
Q

Subject matter assistance needs what

A

Reasonable suspicion

31
Q

Seizing documents

A

Can detain a document for review but need to return it = no suspicion
In order to retain and seize the document = need PC

32
Q

Forensic examination of electronic device

A

Need RS

Treated as non routine

33
Q

Basic search of electronic device

A

Needs no suspicion

Legal (2 decks)

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