March 16, 2020

Online Safety: Avoiding Counterfeit COVID-19 Testing Kits

Almost as if on cue, as the United States ramps up testing and containment measures, US Customs and Border Protection (CBP) announced its first seizure of counterfeit COVID-19 test kits at the Los Angeles Airport International Mail Facility. The seizure took place on March 12 and involved vials which had been manifested as innocuous purified water vials. However, upon closer examination, the vials bore labels which included language identifying them as corona virus test kits.

It is unfortunate that the most trying of times still bring out the worst in people willing to risk public health and safety to make money trading on fear.  There are no magic beans and currently no publicly available test kit for the virus. Whether these tests were going to be peddled online or enter into the public health system is unknown. However, it is clear that vigilance is necessary to prevent counterfeit test kits and pharmaceuticals from entering the stream of commerce and use. Consumers should not be shocked at a seizure like this one. Counterfeit pharmaceutical products are an unfortunate development that impact all levels of society. And, admittedly, sometimes we may chuckle at the stories of counterfeit erectile dysfunction products, but these fall into the same category as counterfeit cough syrup, anti-malarials, cancer treatments and blood thinners (and the list goes on).  Counterfeit pharmaceuticals have deadly consequences wherever they are unleashed.

The fact that the seizure took place at an international mail facility should not come as a surprise. Producers and shippers based overseas have, for years, exploited low shipping rates and sheer volume of small parcels to overwhelm the system. We are fortunate to have CBP Officers at the ports, courier hubs and mail facilities dedicating their efforts to stem the flow of dangerous counterfeits entering the country. However, with the constant increase in e-commerce orders and fulfillment, there is also a part all of us can play in protecting the health and safety of our communities.

Best Practices for Protecting Against Counterfeit Pharmaceutical Products

With only a relatively small percentage of imported goods actually targeted and inspected, we have to do our part as well.

  • Be careful what you order. The FDA has a strong system in place to test and approve a variety of health related products. Do not fall for online panaceas and promises.
  • Check where the seller is located. A large percentage of seized counterfeit goods originate in China.  The old adage “Location, location, location” is very relevant.
  • Watch those prices. No one will be so altruistic as to offer goods for a miniscule percentage of cost or value.
  • Shop smart. Before you place an order for pharmaceuticals that are normally only available with a prescription, ask why on earth would they be available online without a doctor’s approval.

We all have a role to play in maintaining the integrity of health tools needed to combat this pandemic. Make smart choices to prevent counterfeits from impacting the health and safety of your community.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

March 16, 2020

COVID-19 Measures: U.S. Travel Ban Expanded to U.K. and Ireland

The Trump Administration issued a Proclamation extending travel restrictions to travelers from the U.K. and Ireland.  The ban will take effect at 11:59 pm ET on Monday March 16, 2020.  Impacted travelers include most foreign nationals who have been physically present in the U.K. or Ireland at any point during the 14 day period prior to arrival in the U.S. A similar ban went into effect on Friday, March 13, 2020 at 11:59 pm ET for travelers who have been in Schengen Area countries at any point during the 14 days prior to their scheduled arrival in the U.S.

The U.K. and Ireland will join the growing list of travel impacted countries including Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Iran and China.

It is likely that additional countries will be added to this list as the U.S. and the rest of the world grapples with the COVID-19 pandemic. All travelers should also expect other countries to impose restrictions, and should check foreign embassy websites and airline carriers before traveling.

WHO IS EXEMPTED FROM THE BAN?

The entry restrictions for the U.K., Ireland and Schengen Area countries do not apply to U.S. citizens, U.S. lawful permanent residents, immediate family members of U.S. citizens, and certain other individuals who are identified in the proclamation. Exempted individuals will arrive on flights that are directed to designated ports of entry to the U.S. and these travelers will undergo enhanced screening. Those who are allowed to enter the U.S. will be asked to self-quarantine for 14 days.

HOW LONG WILL THE BAN REMAIN IN EFFECT?

While news outlets have widely reported that the suspension will remain in effect for 30 days, the Presidential Proclamation announcing the Schengen Area ban does not specify a time period. Gibney is monitoring the implementation of these measures and will provide updates as they become available.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

March 13, 2020

Visa Appointments at U.S. Embassy and Consulates in India Cancelled 

On March 13, 2020, the U.S. Department of State announced on its website that the U.S. Embassy and Consulates in India are cancelling all visa appointments scheduled on or after March 16, 2020 due to the COVID-19 pandemic. The U.S. Department of State has not provided a date by when they expect to resume regular consular operations.

Who is Impacted?

Any foreign nationals who have scheduled, or are in the process of scheduling, a visa appointment at a U.S. Embassy or Consulate in India.

Do Cancellations Apply to Both Immigrant and Nonimmigrant Visa Appointments?

Yes, the U.S. Embassy and Consulates in India are cancelling all nonimmigrant and immigrant visa appointments scheduled on or after March 16, 2020.

Will the Embassy Contact Each Visa Applicant with a New Appointment Date?

No, it will be the visa applicant’s responsibility to monitor the website of the U.S. Embassy and Consulates in India to find out when appointments will be made available again and schedule a new one.

If you are currently in India and had a U.S. visa appointment scheduled on or after March 16, 2020, please contact your Gibney representative immediately.

Foreign nationals who are in the U.S. and are planning on visiting India in the near future should contact their Gibney representative to discuss travel risks and visa/status renewal or extension options. If travel or visa appointments were cancelled, please be sure to notify your Gibney representative to ensure no other action is needed to maintain valid status in the U.S.

Background Information and Resources

More information on the U.S. Embassy and Consulates in India and their operations is available here.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

The general information provided is not intended to serve as a source of legal advice for any purpose. Please contact your designated Gibney representative or immigration counsel for specific legal advice.

March 13, 2020

Counterfeits in the Age of COVID-19: Online Best Practices

As the COVID-19 pandemic spreads throughout the corners of the world, people rush to complete shopping and stock pantries and medicine cabinets by shopping online. In their haste and sometime desperation, individuals become easy targets for fraudsters and counterfeiters. Now more than ever offers stark examples of why counterfeiters always seek to profit from human misery and show no regard for the fragility of human life.

Online Best Practices for Protecting Against Counterfeit Products

Spend some time shopping for elusive hand sanitizer, gloves, disinfectant wipes and more and you will see quite clearly the manner in which counterfeiters seek to profit. Offering items that appear to be genuine while making spurious claims about curative properties is often a sign that the goods may not be what they appear to be.

Take a close look at the seller names. Do they appear to be an odd jumble of letter thrown together? Does the seller have a lack of selling history? Prices too low for a tight, shortage plagued market?  Product descriptions sound a little off or not quite in English? All signs you may be dealing with less than reputable merchants.

What about an unheard of site offering product at reasonable to slightly high prices? You attempt to order but after providing all you credit card and shipping information the site bombs out. Often a sign of a scam site that is more interested in obtaining data than providing product.

The golden rule of if it’s too good to be true, it likely isn’t still holds even in these difficult times. When personal health and safety are of the utmost concern, it pays to stick to the sites, brands and sellers you are familiar with and have a reputation of being responsible. Do not be fooled by counterfeiters who have no qualms about putting health and safety at risk. And remember, no matter how much a legitimate site claims to be policing third party sellers, the sheer volume can overwhelm those efforts.

It is important to be as vigilant about purchasing health related products as it is to prevent the spread of COVID-19.  Let’s be careful out there!

March 12, 2020

COVID-19 Measures: U.S. Expands Travel Ban to Include Europe

President Trump signed a Presidential Proclamation further limiting travel to the United States for foreign nationals traveling from several European countries.

WHO IS IMPACTED?

The Proclamation suspends entry to the United States of most foreign nationals who have been in Schengen Area countries at any point during the 14 days prior to their scheduled arrival in the United States.  The impacted countries include: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. The United Kingdom is not included in the restriction.

WHEN DOES THE BAN TAKE EFFECT?

The entry restrictions will go into effect on Friday, March 13, 2020 at 11:59 pm ET. The restriction will not apply to persons aboard flights scheduled to arrive in the U.S. that departed prior to 11:59 pm ET on March 13.

WHO IS EXEMPTED FROM THE BAN?

The entry restrictions do not apply to U.S. citizens, U.S. lawful permanent residents, immediate family members of U.S. citizens, and certain other individuals who are identified in the Proclamation. Those who are allowed to enter the U.S. after travel to Europe will likely be subject to quarantine measures and their flights may be directed to selected ports of entry, as yet to be named.

HOW LONG WILL THE BAN REMAIN IN EFFECT?

News outlets have widely reported that the suspension will remain in effect for 30 days. However, the Proclamation does not specify a time period. Gibney is monitoring the implementation of these measures and will provide updates as they become available.

Background Information and Resources

Information about all of the U.S.  travel restrictions associated with the coronavirus, including links to some general resources, is available here.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

The general information provided is not intended to serve as a source of legal advice for any purpose. Please contact your designated Gibney representative or immigration counsel for specific legal advice.

February 6, 2020

Coronavirus Travel Restrictions

On January 30, 2020, the World Health Organization declared the Coronavirus  a global public health emergency and the U.S. State Department issued an advisory not to travel to China.

On January 31, 2020, the President signed a Proclamation imposing travel restrictions for certain travelers who are visiting or have visited China within a designated period, effective 5:00 PM EST on February 2, 2020.   U.S. Embassies and Consulates in China have since been closed to the public through at least February 7, 2020.

WHAT THIS MEANS FOR EMPLOYERS AND FOREIGN NATIONALS

The Proclamation bans entry to the U.S. by foreign nationals who are currently visiting (or who have recently visited) China within 14-days prior to their attempted entry to the U.S.

  • Individuals currently abroad who have recently visited China (or who are currently in China) and are subject to the travel restriction should consider travel plans prior to  returning to the U.S.   This may include traveling through a third country without similar restrictions and remaining there for at least 14 days before entering the U.S.  Travelers attempting to transit through the U.S. to a third country should also be aware that they may be subject to the restriction and/or quarantine.
  • There is currently no set termination date for the travel restrictions. The restrictions will be reviewed every 15 days with the Secretary of Health and Human Services.
  • Foreign nationals with visa applications currently processing in China should monitor the U.S. Embassy website for updates on Embassy/Consulate re-openings. Emergency services for U.S. citizens are still currently available at U.S. Embassies and Consulates in China.

 EXEMPTIONS UNDER TRAVEL RESTRICTIONS

 The following individuals are exempt from the travel restrictions and may still be able to travel to the U.S. However, note that these travelers may still be subject to quarantine and/or screening procedures as indicated below:

  • U.S. citizens and lawful permanent residents (LPRs or green card holders).*
  • Immediate family members of U.S. citizens and LPRs, including spouses and children.*
  • Parents, legal guardians, and siblings of minor unmarried U.S. citizens or LPRs.*
  • The Proclamation only applies to individuals visiting or present in the People’s Republic of China. Visitors to Taiwan, Hong Kong, or Macau are not currently travel restricted and are not subject to related quarantine/screening procedures.

*Travelers who are exempt from the travel restriction are still subject to U.S. Department of Homeland Security screening and quarantine and will be routed through designated U.S. major airports. Note that ALL travelers, including American nationals, who have visited China’s Hubei province within 14 days of their return are subject to a mandatory 14-day quarantine upon entry to the U.S.  Travelers who have visited other areas of mainland China within 14 days of entry to the U.S. are subject to a health screening and quarantine if symptomatic.

For more information on this evolving issue, please contact your designated Gibney representative or email info@gibney.com.