Monday, November 16, 2009

BDP holds the forum for leaders from 50 countries to discuss on "Asian Logistics"

Source: Transport Journal Newspaper, Page A1 & A7, Thailand

“BDP”, world-class logistic services provider, chooses Thailand to be the venue for discussion among leaders from 50 countries in its network. “Richard Bolte”, the company’s CEO, is confident that its business model will have high flexibility to drive the growth of 5-10% in Asia market next year.

Mr. Richard Bolte, president and chief executive officer of BDP International –the world’s leading logistics management services provider said, “BDP chooses Thailand to be the venue for BDP Global Network Forum this year. The network consists of more than 100 leaders from over 50 countries worldwide. During the conference, delegates will discuss the state of the economy and how companies in different countries can work together to better serve their international client base.

“The recession hasn’t been a typical recession. Nor is the economic recovery normal. The question is whether or not it is sustainable? The stock markets performed well between March and early October and was one of the early benchmarks of an impending recovery; though in recent weeks we have seen market corrections taking place,” Mr. Bolte said.

Click here to read more.

BDP International Wins President's "E Star" Award

PHILADELPHIA, USA- BDP International has won the prestigious 2009 President's "E Star" Award for Export Service.

Twenty-one companies that excel at exporting were honored by U.S. Commerce Secretary Gary Locke on Nov. 5 as recipients of the Presidential "E" and "E Star" Awards during a ceremony at the National District Export Council Conference. The awards are the highest U.S. government recognition any domestic entity may receive for supporting export activity.

Philadelphia-based BDP is one of only four companies in the U.S. to receive the "E Star" award this year, and one of only two in the category of export service.

"BDP International has demonstrated a sustained commitment to export expansion," Commerce Secretary Gary Locke said in presenting the award. "Your increase in export servicing sales, from $18.1 million in 2005 to $35.4 million in 2008, is impressive. Your company's expansion to 23 U.S. facilities and operations centers in 120 countries is a reflection of your superior customer service. BDP International's achievements undoubtedly have contributed to national export expansion efforts that support the U.S. economy and create American jobs."

Phillies

The award was accepted by H. Timothy Bolte, BDP vice president, and Michael Ford, vice president of regulatory compliance and quality.

This is the second time that BDP has won an export award from the U.S. Department of Commerce. In 1997, BDP was awarded the President's "E" Award for excellence in exporting, the highest U.S. award for American exporters. The "E Star" award is given for continued efforts to improve U.S. export service. Only winners of the "E" Award can compete for the "E Star" award.

BDP International is one of the leading privately held freight logistics/transportation management firms based in the United States. It operates freight logistics centers in more than 20 cities throughout North America and a network of subsidiaries, joint ventures and strategic partnerships in 121 countries.

BDP was lauded for its dedication to research and education in the industry, including initiatives to assist export clients in logistics and operational matters. In April 2006, BDP surveyed shippers to determine their understanding of non-vessel operating common carrier confidential service agreements. In May 2007, BDP in conjunction with St. Joseph's University surveyed multi-national companies in the chemical, consumer goods, industrial and retail sectors regarding global supply chains.

"We are unaware of any company that provides more market guidance and current trade information to all of their stakeholders than BDP International," said BDP CEO Rich Bolte. "This award is a validation that our collaborative approach to global logistics have not only helped our clients but contributed to U.S. export expansion."

BDP has also established offices and warehouse facilities throughout the commercial world. This expansion gives clients access to on-site local distribution experts who are bilingual, knowledgeable about the market and available to accompany and advise BDP clients in negotiations with local industry.

As an example, in China BDP provides supply chain consulting and project services along with expertise in local documentation and regulations through BDP offices located in ten major commercial areas of China.


Friday, November 6, 2009

AGCO Corporation Agrees to Pay $18.3 Million to Settle SEC Charges of FCPA Violations

Source: US Securities and Exchange Commission

Washington, D.C., Sept. 30, 2009
— The Securities and Exchange Commission today charged AGCO Corporation with violations of the books and records and internal controls provisions of the Foreign Corrupt Practices Act (FCPA), alleging that certain subsidiaries made approximately $5.9 million in kickback payments related to their sales of humanitarian goods to Iraq under the United Nations Oil for Food Program. AGCO Corporation, a manufacturer and supplier of agricultural equipment headquartered in Duluth, Ga., has agreed to pay more than $18.3 million to settle the SEC's charges. Click here to read more.

Tuesday, November 3, 2009

BDP Legal's FCPA Newsletter: Issue 01 - November 2009

BDP Legal is excited to introduce the inaugural edition of its Foreign Corrupt Practices Act ("FCPA") newsletter. This newsletter will enhance your ability to conduct business internationally, while enabling you to limit your exposure to the severe repercussions for non-compliance with the FCPA and other critical statutes. We at BDP want to maximize your compliance strategies in all areas of global supply chain management and allow your business to run as efficiently as possible.

United States Export Controls

Below is an interesting and informative article entitled "United States Export Controls: A Brief Primer - With a Focus on the International Traffic in Arms Regulations and its Extraterritorial Reach."

Source: Kerry T. Scarlott, Esq. & Ian H. Moss, Esq. of
Posternak, Blankstein & Lund, LLP


Thursday, October 8, 2009

U.S. Firm/Principals Receive FCPA Penalties for Subsidiary's Bribes

U.S. Firm/Principals Receive FCPA Penalties for Subsidiary's Bribes to Foreign Customs Officials, Etc.

Source: Power Broker, Inc. (http://www.brokerpower.com/)

The Securities and Exchange Commission has announced that Nature's Sunshine Products Inc. (NSP) and two of its principals will pay civil penalties to settle allegations that NSP’s Brazilian subsidiary made illegal cash payments to Brazilian customs officials in violation of the Foreign Corrupt Practices Act (FCPA). Click here to read more.

Thursday, September 10, 2009

15 SVHCs nominated for REACH Candidate List

Source: Chemical Watch (http://www.chemicalwatch.com)

Germany nominates eight of 15, while new MEPs urged to push for progress on Candidate List

01-Sep-2009

The clock has started ticking on a 45-day consultation period on 15 new substances of very high concern (SVHCs) nominated for the REACH Candidate List, which houses substances that could in future require authorisation in order for their sale and use in the EU to continue.

Details of the 15 substances were made public today by the European Chemicals Agency (ECHA). They include nine SVHCs that have carcinogenic, mutagenic and/or reprotoxic (CMR) properties and five that are considered to be persistent, bioaccumulative and toxic (PBT) or very persistent and very bioaccumulative (vPvB). One substance – high temperature coal tar pitch - is categorised as both CMR and PBT.

The consultation period ends on 15 October 2009 and ECHA's Member States Committee is subsequently expected to make the decision on which SVHCs will be accepted for inclusion in the official Candidate List by 14 December 2009.

The nominated SVHCs are:

Germany

Anthracene oil

292-602-7

03/08/2009

PBT

Germany

Anthracene oil, anthracene paste, distn. Lights

295-278-5

03/08/2009

PBT

Germany

Anthracene oil, anthracene paste, anthracene fraction

295-275-9

03/08/2009

PBT

Germany

Anthracene oil, anthracene-low

292-604-8

03/08/2009

PBT

Germany

Anthracene oil, anthracene paste

292-603-2

03/08/2009

PBT

Germany

Diisobutyl phthalate

201-553-2

98 - 100 %

03/08/2009

CMR

Spain

2,4-Dinitrotoluene

204-450-0

>99%

03/08/2009

CMR

COM

coal tar pitch, high temperature

266-028-2

03/08/2009

PBT

Austria

tris(2-chloroethyl)phosphate

204-118-5

03/08/2009

CMR

Germany

Aluminosilicate, Refratory Ceramic Fibres

Index no. 650-017-00-8

03/08/2009

CMR

Germany

Zirconia Aluminosilicate, Refratory Ceramic Fibres

Index no. 650-017-00-8

03/08/2009

CMR

France

Lead sulfochromate yellow (C.I. Pigment Yellow 34)

215-693-7

03/08/2009

CMR

France

Lead chromate molybdate sulfate red (C.I. Pigment Red 104)

235-759-9

03/08/2009

CMR

France

Lead chromate

231-846-0

03/08/2009

CMR

Netherlands

Acrylamide

201-173-7

03/08/2009

CMR

Germany

4,4'- Diaminodiphenylmethane

202-974-4

30/06/2008

CMR

Netherlands

5-tert-butyl-2,4,6-trinitro-m-xylene (musk xylene)

201-329-4

30/06/2008

vPvB

Sweden

α-Hexabromocyclododecane
β-Hexabromocyclododecane
and γ-Hexabromocyclododecane (HBCDD)

247-148-4,
221-695-9

30/06/2008

PBT

Norway

bis(tributyltin) oxide

200-268-0

30/06/2008

CMR

Germany

Anthracene

204-371-1

27/06/2008

PBT

Austria

dibutylphthalate

201-557-4

27/06/2008

CMR

Sweden

bis(2-ethylhexyl)phthalate (DEHP)

204-211-0

27/06/2008

CMR

Norway

lead hydrogen arsenate

232-064-2

27/06/2008

CMR

Norway

triethyl arsenate

427-700-2

27/06/2008

France

Cyclododecane

206-033-9

26/06/2008

PBT

France

cobalt dichloride

231-589-4

26/06/2008

CMR

France

diarsenic pentaoxide

215-116-9

26/06/2008

CMR

France

diarsenic trioxide

215-481-4

26/06/2008

CMR

France

sodium dichromate

234-190-3

26/06/2008

CMR

United Kingdom

Alkanes, C10-13,chloro (Short Chain Chlorinated paraffins)

287-476-5

26/06/2008

PBT

Austria

benzylbutylphthalate

201-622-7

26/06/2008

CMR

Germany accounts for 8 of the 15 nominations, five of which were announced by the Federal Environment Agency (UBA) earlier this summer together with a complaint at the slow progress on nominating substances for the Candidate List and a plea to other Member States to take on more (CW 4 August 2009)

Both Germany and the Netherlands have offered assistance to other Member States in the preparation of dossiers. The Dutch government has led a multi-country process to draw up an unofficial priority list of some 400 clearly identifiable SVHCs (CW 25 June 2009).

Pressure on countries and the European Commission to accelerate the growth of the REACH Candidate List may also come from the European Parliament's newly reconstituted Environment Committee which began work today. REACH is discussed in a “welcome package” sent to new MEP members of the committee, briefing them on progress on environmental laws in the last five years as well as leading them to consider issues they may want to engage on during their term.

The document advises that MEPs “may wish to be vigilant to ensure that the new procedures and instruments resulting from REACH do not in practice lead to a reduction of the existing level of protection of health and the environment for some hazardous substances which were banned or restricted prior to the introduction of the REACH regulatory framework through such legislation as the end-of-life vehicles (ELV) and restriction of hazardous substances (ROHS) Directives.”

Noting that the shortness of the current Candidate List “undermines the substitution objective and prioritisation process under REACH”, the document urges MEPs to consider asking the Commission what action it proposes to take to ensure that REACH applies to all SVHCs or at least to those that lead to exposure to workers, consumers or the environment. Furthermore, it proposes asking the Commission whether it expects existing sector-specific hazardous substance bans, such as those under the ELV Directive, to come under pressure as a result of REACH implementation. It supplements this by proposing that MEPs seek clarification from the Commission on whether it considers a review of sector-specific bans to be necessary, or whether it believes “that REACH should not in any event lead to a rollback of the acquis in the field of restriction of hazardous substances.”

Monday, August 24, 2009

BDP Legal Webinar Series | FCPA: Managing Your Supply Chain

Dear Colleague:

With enforcement efforts increasing, it is more critical than ever that your company have an effective supply chain compliance strategy. Yesterday's compliance program won't be able to keep up with today's regulatory and enforcement efforts. Has your company implemented a vigilant training program? Where and how does the Audit Function work most effectively in FCPA compliance? How will you ensure ongoing vendor compliance?

Get the best practices for how to manage these and other critical issues at this exclusive webinar. BDP Legal has structured this complimentary session for supply chain and logistics executives in an effort to enable your company to execute the most vigilant supply chain management compliance. Stay ahead of the curve by attending this comprehensive webinar and enable your company to focus on its bottom line while responding to the call for more ethical international business practices.

"FCPA: Managing Your Supply Chain" will be presented on:
September 16, 2009, at
10:00 AM EST.

To Register for the Webinar:
1. Go to Click Here
2. Click "Register".
3. On the registration form, enter your information and then click "Submit".

--------------------------------------------------
BDP International, Inc.
Global Scope. Personal Attention.

Thursday, August 20, 2009

Speech by SEC Staff: Remarks Before the New York City Bar: My First 100 Days as Director of Enforcement

"The addition of the specialized enforcement unit Mr. Khuzami describes is a very important development. But, the SEC and DOJ have also stepped up enforcement in other ways, including prosecuting more individuals, seeking massive fines and employing aggressive legal theories. Consequently, companies lacking adequate internal controls and due diligence procedures swim in increasingly perilous waters." -- David F. Axelrod

David F. Axelrod, Director, Forensic & Dispute Services
FCPA Leader, North Central Region
Deloitte Financial Advisory Services LLP

================================================
Source: U.S. Securities and Exchange Commission Website


By: Robert Khuzami

Director, Division of Enforcement

U.S. Securities and Exchange Commission


New York, New York

August 5, 2009


I. Introduction


Thank you, Pat, for that kind introduction. It's great to be back in New York. And I am grateful to the New York City Bar for providing me with this opportunity to talk about the Enforcement Division. There is lots to talk about.

As I was thinking about this speech, a colleague mentioned that I had been with the Commission approximately 100 days. Aside from making me wonder why my colleagues are counting, it caused me to pause and reflect — how did my 100-day accomplishments compare with those of others? That often over-weighted yardstick of accomplishment — did I measure up?

Click here to read more.


Wednesday, May 13, 2009

Chemical Data Forums Latest Stumbling Block for Reach

Data sharing forums crucial to the success of the Reach chemicals legislation are not functioning effectively, with lack of communication, IT inadequacies and the complexity of implementing the scheme blamed for the lack of progress.

Around 65,000 companies are estimated to have provided basic pre-registration data on the identity, production and importation of 143,000 substances to the European Chemicals Agency (ECHA), responsible for running Reach. Altogether, 2.7 million pre-registrations were made by the December 2008 deadline - around 15 times more than originally estimated.

Click here to read more.

Source:
Sean Milmo, Royal Society of Chemistry, 11 May 2009

Monday, May 11, 2009

ECHA Announces First Coordinated REACH Enforcement Project

On April 30, 2009, the European Chemicals Agency (ECHA) announced the launch of a joint Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) enforcement project.

Click here to read more.

Source: The Environmental Expert Online

Thursday, May 7, 2009

BDP Legal Webinar Series: The Chemistry of REACH

ARE YOU REACH READY?

REACH (the Registration, Evaluation, Authorization and restriction of Chemicals) is the EU's broad-sweeping chemical regulation with which the EU authorities mandate compliance to avoid significant business interruption. BDP Legal is pleased to present "The Chemistry of REACH," a complimentary webinar that offers cutting-edge information in a concise and time saving manner, with access to leading REACH experts.

Don't miss this opportunity to gain a competitive advantage by ensuring that your company is in compliance with this complex regulation. This informative webinar is the perfect setting to have your critical REACH questions addressed and will aid your team in structuring an ongoing compliance schedule that will allow your company to focus on core business activities while protecting your access to the EU market.

"The Chemistry of REACH" will be presented on June 2, 2009, at 10:00 AM EST.

Click here to view the invitation and register for this event.

Don't miss this and other informative webinars sponsored by BDP Legal:

Foreign Tax Credit:Your Next Move | Wednesday, June 17, 2009, 10:00 AM EST

Managing FCPA Compliance Through Your Supply Chain | TBD, July 2009, 10:00 AM EST

--------------------------------------------------
BDP International, Inc.
Global Scope. Personal Attention.

Friday, March 13, 2009

Join BDP in Supporting Bill HR313!

BDP International, Inc. is supporting the Bill HR 313, which is also supported by the National Customs Brokers and Forwarders Association of America. This bill puts Brokers at the front of the line in collecting advanced duties etc. when its client, the importer in most cases, goes bankrupt. The current status of the law provides no special status at all, and the Broker gets no special treatment for outlaid duty funds on behalf of its client. Thus, the possible liability to the Broker far exceeds the value of its services, as the Broker is vulnerable to the obligation of subsidizing its client's duty payments. Read more about the bill here.

This has always seemed an anomaly in bankruptcy law. The Amendment HR 313 is a favorable law for Brokers who advance funds for importers. This effort has been on hold for years but it is felt there may be a better environment now for its passage. Please join us in support of this Bill. BDP's letter is below. We have submitted this message to each member of Congress in the States where BDP conducts business.

LETTER TO MEMBERS OF CONGRESS:

March 11, 2009

[Name]
[Address]

Re: HR 313—Customs Business Fairness Act of 2009

Dear [Name]:

By way of introduction, my name is Catherine Muldoon, and I am Chief Legal Officer for BDP International. I write this correspondence in support of HR 313- Customs Business Fairness Act of 2009. BDP International, Inc. employs approximately 1200 employees at more than 25 logistics operational centers and client locations in North America, including our headquarters which is located in your district at the following address:

BDP International
510 Walnut Street
Philadelphia, PA 19106

Our company serves customers who are involved in import/export trade and operate principally in the chemicals, retail, health-care products, consumer goods and heavy industrial equipment sectors. Our company provides vital logistics and transportation management services in project and energy logistics, global fourth-party logistics, regulatory and security compliance, and supply chain process design. In our North American operations and in nearly every major market around the globe, we put talent (and financial resources) on the front lines to help U.S. customers make their businesses stronger and more competitive. As part of our supply chain programs with U.S. importers, we provide Custom house brokerage services, and it is not unusual for our firm to advance funds relating to taxes or other charges paid to the United States Bureau of Customs and Border Protection on behalf of the U.S. importer arising out of the importation of merchandise entered into the United States for consumption.

We believe that subject Bill introduced by Congressman Henry Cuellar (D-TX), goes a long way in assisting us in our tasks to make U.S. importers more effective and competitive. We believe, especially in the current economic climate, that our resources, advanced for importers in this important business sector, need to be protected in the event of bankruptcy as provided in HR313.

Therefore, we ask that you join Congressman Cuellar as a co-sponsor of the Customs Business Fairness Act of 2009, or at the very least show your support for the bill by contacting and showing your support to Judiciary Committee members who are reviewing the merits of the bill.

We thank you in advance for your assistance in supporting this important legislation. If we can provide you with any further information on how this Bill can favorably impact U.S. Custom House brokers, please feel free to communicate with me.

Respectfully submitted,
Catherine Muldoon

REACH, The EU's Chemical Reaction

Outsourced Logistics posted an article I wrote on REACH, entitled REACH, The EU's Chemical Reaction. Click here to read.

Thursday, January 29, 2009

FCPA Enforcement

Here is an interesting article from the law firm of Paul, Hastings, Janofsky & Walker LLP, entitled "2008: Another Banner Year in FCPA Enforcement."

http://www.paulhastings.com/publicationDetail.aspx?publicationID=1150

Chemical Industry Mirrors Larger Economy

Here is an interesting article from Chemical & Engineering News entitled "Chemical Industry Mirrors Larger Economy."

http://pubs.acs.org/cen/email/html/cen_coverstory_87_8702cover2.html

Published:
January 12, 2009 Volume 87, Number 02 pp. 12-14

Monday, January 26, 2009

REACH Article in ACC Docket (Jan/Feb 2009 Issue)

Hello to all,

Here is an article that I wrote for the Association of Corporate Counsel Docket entitled Maintaining Critical Control - Outsourcing REACH Compliance.

Muldoon ACC Docket Article Jan 09

REACH

With the preregistration period of REACH behind us, what are your challenges as your company works toward the goal of compliance? The biggest concern from our vantage point is ensuring that you have the right resources (human and financial) needed to comply with REACH.

The focus of the chemical industry is the likely effects of increased prices; the disappearance of the substances; and the readiness of business partners (especially non-EU countries) to cooperate in order to implement REACH requirements.

How are you doing procedurally? Is the REACH IT an efficient tool?
Are we communicating freely within our SIEF? Are smaller chemical companies being pushed out by larger ones?