THE VIGILANT VIGIL – 32nd EDITION

Welcome, visitor, to the Vigil. Here you will find a summation of current global trade changes and regulatory updates. We aim to deliver helpful insights in a timely and relevant manner, to help you remain vigilant in an ever-evolving trade environment.

 

Vigil Viewpoint:

THE HENNESSY FAMILY TREE AND THE CUSTOMS AUDIT

When a good story isn’t necessarily a true story.

I have spent a good portion of my professional life telling companies that the documentation they have relied upon for years doesn’t necessarily prove what they think it proves. It’s not always a pleasant conversation, particularly when a CEO or CFO discovers that a seemingly well-established compliance practice is built on assumptions, incomplete information or somebody’s interpretation of an email from 2017.

Well, this week I got to have essentially that same conversation with my husband. Apparently, I am an equal-opportunity destroyer of cherished assumptions. 😂

As many of you know, Martin and I recently traveled to Ireland for the ICPA Global Trade Insights Conference in Dublin. It was a wonderful experience, full of excellent presentations, new friendships and meaningful conversations with Trade Nerds from across Europe and beyond. But before the conference, we had another mission: to investigate Martin’s Irish ancestry and perhaps reconnect with the ancestral home of the Hennessey family.

Martin was born in Alberta, Canada, but his family history reaches back through Ontario, the American colonies and, supposedly, to Ballymacmoy in County Cork, Ireland. Somewhere along the way, the Irish surname Hennessy became Hennessey. According to family genealogies, his ancestor who settled in North Carolina was the brother of Richard Hennessy, the Irishman who went to France and established the famous cognac house. The family tree even identified their father as Lord James George Thomas Hennessy of Ballymacmoy.

Well, goodness! Not only were we going to explore the Irish countryside, but we might also have a connection to one of the world’s most recognizable spirits manufacturers. I was practically ready to start demanding the family discount.

Unfortunately, I did something terribly inconvenient. I started auditing the family tree.

I wanted to know where the records came from, which churches might have baptismal registers, whether the family estate could be identified, and whether there were cemeteries or other historical sites worth visiting. What I discovered was that several of the supposedly established family connections had little or no supporting evidence. I couldn’t substantiate the existence of our alleged Lord James George Thomas Hennessy, and the connection between Martin’s North Carolina ancestor and the cognac-producing Hennessys appeared to be an unsupported leap.

Complicating matters, an enormous collection of Irish historical records was destroyed during the Irish Civil War in 1922. Although some church records, local archives and reconstructed sources survive, tracing particular family lines into the early eighteenth century can be extraordinarily difficult. Our supposed ancestor had left Ireland around 1740, leaving us with a significant documentary gap. Over generations, well-intentioned family historians apparently connected some of those missing pieces to better-documented Hennessy families, and eventually the story became accepted as fact.

And there it was: a complete-looking family tree, a wonderful story, generations of reliance, and a rather significant problem when somebody finally asked for the supporting evidence.

Sound familiar?

We have been talking quite a bit lately about KYX: Know Your Everything, an expansion of the traditional Know Your Customer concept that recognizes how much more we need to understand about our products, suppliers, customers, transactions and supply chains. I wrote about this previously in Knowledge Is Power: It May Be Time to Redefine KYC, and the message seems increasingly relevant.

Under the current enforcement environment, CBP, BIS, OFAC and other agencies are asking companies to demonstrate more than the existence of a document. They want to understand the underlying facts and the controls supporting the conclusions. Executive Order 14411 and the broader enforcement initiatives are part of a continuing movement toward greater supply-chain visibility, stronger verification and increased accountability.

Think about the assumptions we make every day. A product is classified based on a technical characteristic nobody actually verified. A supplier ships from England, so somebody assumes the product is of UK origin. A USMCA certificate is accepted without reviewing whether the product actually qualifies. An invoice value is declared without considering assists, royalties or other potentially dutiable additions. A reputable supplier is assumed to present little forced-labor risk, even though nobody has investigated the raw-material supply chain.

None of these decisions necessarily begins with an intention to mislead. Often, somebody is simply trying to complete a transaction using the information available. But a reasonable assumption is not always a substantiated conclusion, and repeating that assumption for ten years doesn’t make it any more accurate.

The consequences are becoming more serious. We are hearing increasing concern from industry about CF-28 requests followed by CF-29 notices when companies cannot adequately support their declarations. Meanwhile, DOJ has made clear through its Trade Fraud Task Force and recent False Claims Act cases that intentional duty evasion and knowingly improper declarations can lead to consequences far beyond an ordinary Customs correction. The distinction between an innocent mistake, negligence, gross negligence and fraud still matters legally, but the enforcement stakes are undeniably higher.

That does not mean every incorrect entry is fraud, or that an importer must possess impossible knowledge of every distant supplier. Reasonable Care remains just that: a reasonable, risk-based obligation to investigate, verify, document and act appropriately when information is incomplete or inconsistent. But the days of relying on a supplier’s assertion without understanding its basis are becoming increasingly difficult to defend.

And here’s the part that makes this story particularly uncomfortable for me: sometimes even a diligent investigation doesn’t produce the answer we want.

I cannot tell Martin with certainty that his ancestor wasn’t related to the famous Hennessy family. I also cannot responsibly tell him that he was. We may never know whether that North Carolina ancestor came from Cork, Dublin, Limerick or somewhere else entirely. The family may very well have Irish roots, but the specific ancestral connection we hoped to celebrate remains unproven.

I felt absolutely rotten delivering that news. After all, who wants to be the spouse who takes a perfectly lovely family legend, runs a compliance audit on it and announces that the documentation is insufficient? Apparently, I do. I suspect I will not be invited to lead the next family-history reunion.

But there is a lesson here for all of us. The objective of good research, whether genealogy or global trade compliance, isn’t to make the evidence fit the story we want to tell. It’s to make sure the story we tell is supported by the evidence we actually have.

Sometimes that means going further upstream, asking another question, obtaining additional documentation or correcting something we’ve believed for years. Sometimes it means acknowledging that we simply don’t know and identifying the risk that uncertainty creates. And sometimes it means having a difficult conversation before somebody else, perhaps wearing a government badge, has it for us.

We did make it to rural County Cork, and it was beautiful. We explored old ruins, met wonderfully kind people and enjoyed a part of Ireland that most tourists never see. We didn’t find the definitive Hennessey ancestral home, and the cognac connection remains a mystery. But we came away with something valuable: a better understanding of what we know, what we don’t know and what further research might actually establish.

That’s not a failed investigation. That’s an honest one.

So this week’s homework is simple. Take a look at your own company’s family tree. Trace a few of those classification, origin, valuation, FTA and supplier declarations back to their roots. Find out whether the supporting evidence is really there, or whether somebody simply connected a few convenient branches and hoped nobody would ask questions.

Know Your Everything. Verify the connections. And don’t confuse a good story with a defensible one.

Now, if you’ll excuse me, I have a Canadian husband to console and a rather expensive bottle of cognac that apparently isn’t going to come with a family discount.

Let’s veer into this week’s Vigil, shall we?

 

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In this volume, we will explore:

• CSMS updates
• Updates to the Federal Registry, for both policy and product
• Cooperative call outs to other blogs
• Where to find us
• Be sure to check out our weekly edition of Trade Buzz

 

Let’s veer into it, shall we?

**The following contains links and citations from multiple US government agencies and other credible sources. Vigilant GTS LLC is not the source material but simply compilating the information.**

 

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CSMS Updates

**The following are short summaries of the actual information provided by CSMS. To stay up to date with announcements and news, please subscribe at: https://www.cbp.gov/webform/subscribe-receive-cbp-access-updates **

 

CSMS # 70134132 – New ACH Debit Option for Maritime Fee Payments effective October 15, 2026

Effective October 15, 2026, U.S. Customs and Border Protection (CBP) will enable Automated Clearing House (ACH) Debit payment option on eCBP when online payment method is selected in Mobile Collections & Receipt (MCR).

CSMS # 70134132 – New ACH Debit Option for Maritime Fee Payments effective October 15, 2026

 

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Federal Register Updates

**These are just a sampling of the many updates and changes made by the Federal Register. For a more comprehensive list, or to subscribe to the updates yourself, follow the link below, and never miss a thing.**

https://www.federalregister.gov

 

Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Court-Ordered Refunds under the International Emergency Economic Powers Act Worksheet

FR Document: 2026-20228 Citation: 91 FR 63299

PDF Pages 63299-63301 (3 pages) Permalink

Abstract: The Department of Homeland Security, U.S. Customs and Border Protection (CBP) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.

  

Hearings, Meetings, Proceedings, etc.:

Operation of the Agreement between the United States of America, the United Mexican States, and Canada

FR Document: 2026-20341 Citation: 91 FR 63379	PDF Pages 63379-63380 (2 pages) Permalink
Abstract: USTR is commencing a public consultation process in advance of the 2027 annual joint review meeting of the Agreement between the United States of America, the United Mexican States, and Canada (USMCA or Agreement). As directed by Congress, USTR is seeking public comments on the operation of the Agreement and providing notice of a public hearing.

 

Proposed Rules

Low-Value Shipments

FR Document: 2026-20650 Citation: 91 FR 64532

PDF Pages 64532-64563 (32 pages) Permalink

Abstract: This document proposes to amend the U.S. Customs and Border Protection regulations to modify filing requirements for informal entries of goods valued at $2,500 or less and to establish a new electronic informal entry type for merchandise entering through the mail environment. This document also proposes other related changes such as requiring an additional data element for carriers pertaining to mail shipments and imposing bonding requirements for certain informal entries.

 

Investigations; Determinations, Modifications, and Rulings, etc.:

Certain Corrugated Die-Cut Cardboard Boxes from the People’s Republic of China, Malaysia, and the Republic of Turkiye

FR Document: 2026-20257 Citation: 91 FR 62690

PDF Pages 62690-62691 (2 pages) Permalink

Abstract: Commerce will need additional time to gather and analyze additional information regarding industry support. Therefore, it is necessary to extend the deadline for determining the adequacy of the Petitions by an additional 20 days. As a result, in accordance with sections 702(c)(1)(B) and 732(c)(1)(B) of the Act, Commerce’s initiation determinations will now be due no later than October 19, 2026.

 

Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Czechia, Russia, South Korea, and Ukraine

FR Document: 2026-20673 Citation: 91 FR 64400

PDF Pages 64400-64401 (2 pages) Permalink

Abstract: The Commission hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping duty orders on seamless carbon and alloy steel standard, line, and pressure pipe from Russia and South Korea and countervailing duty orders on seamless carbon and alloy steel standard, line, and pressure pipe from Czechia, Russia, South Korea, and Ukraine would be likely to lead to continuation or recurrence of material injury within a…

 

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News from other esteemed sources:

 

CSIS
Trump Administration Ratchets Up Export Control Penalties

Penalties for export control violations are rising, while government-led training and outreach has slowed, making effective compliance programs more critical than ever. Pending legislation could raise fines even higher.

As of September 2026, the Bureau of Industry and Security (BIS) has issued fines for export control violations totaling over $297 million, more than triple the average total for the past five years.

Trump Administration Ratchets Up Export Control Penalties

 

CSIS/TRADE GUYS

Trump-Xi Summit, USTR’s G20 trade ministers meeting, and EU-China Trade Updates

Bill and Scott break down what came out of the Trump-Xi Summit, take a look at the U.S. Trade Representative’s gathering of G20 trade ministers in Milwaukee, and unpack why the EU is pressing China to limit exports of hybrid vehicles.

Trump-Xi Summit, USTR’s G20 trade ministers meeting, and EU-China Trade Updates | The Trade Guys | CSIS Podcasts

 

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Vigilant Visitation Opportunities

We will be out and about at different trade and compliance related conferences around the country! We would love for you to come to say hello, so we can get to know you better! You can also connect with us at: https://vigilantgts.com/ or through our socials, on Facebook and LinkedIn!

Where we will be:

 

ICPA Annual Spring Conference, March 7 – March 10, 2026

Orlando, Florida, USA

This will be the 25^th Anniversary Event for ICPA.

Jamie Adams will be presenting on “Networking for Career Development” and leading the Voices of Compliance Choir in multiple performances.

 

ICPA Global Trade Insights Conference, April 7 – April 8, 2026

Wembley, England

Jamie Adams will be presenting and also leading the choir.

 

If you would like to join the ICPA Choir: Voices of Compliance, you will receive a 33% discount off the cost of the conference and a free t-shirt.  Please message me for more information.

 

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TRADE BUZZ – Powered by Vigilant GTS

 

Trade never stands still—and neither do we.

Every Tuesday, we publish a new Trade Buzz episode highlighting timely developments in customs, tariffs, export controls, sanctions, compliance, and global trade. Our goal is simple: provide practical, easy-to-understand insights that help you stay informed and prepared.

This week’s topic: Making export licensing decisions with confidence requires more than an ECCN and a quick reference chart. Effective compliance means evaluating destination, end user, end use, licensing requirements and available exceptions, while ensuring decisions are consistent, documented and defensible. Automation and AI can help streamline the process, identify potential risks and support qualified trade professionals in making informed decisions before the shipment leaves.

🎥 Watch the latest Trade Buzz and read more:

https://vigilantgts.com/make-export-licensing-decisions-with-confidence-hb/

 

Missed a previous episode? Browse the complete Trade Buzz library at:
https://vigilantgts.com/blog/