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All of the parties involved in a proposed transaction should be screened against the US restricted parties lists on a transaction-specific basis (such as prior to order acceptance/shipping). Some of the main US restricted parties lists include OFAC’s List of Specially Designated Nationals and Sectoral Sanctions Identifications List, and BIS’ Entity List and Denied Persons List. Depending on which list applies, the involvement of a restricted party could result in the transaction being prohibited or restricted. Also, entities that are 50% or more owned by certain kinds of restricted parties may themselves be restricted, even if not named on a list. Screening should include not only direct counterparties like customers and vendors but also banks, intermediaries, known end-users, etc. Restricted parties can be located anywhere in the world.
For similar reasons, state and local law enforcement have also stopped hemp crossing state lines, as illustrated by the Big Sky Scientific case in which Idaho troopers seized hemp on its way from Oregon to Colorado. In that case, the hemp was determined to have a THC content at or below .3%, which is legal under federal law, but illegal under Idaho state law. In short, it is clear that imports of CBD products have a greater chance of being stopped by CBP than other products. To avoid unnecessary delays or compliance issues, importers should ensure that CBD imports are accompanied by all required documentation, including phytosanitary certificates, and satisfy all other applicable CBP import documentation requirements, such as the entry summary or entry manifest (as applicable), commercial invoice clearly showing data elements required for customs clearance purposes, and packing list (if applicable).
How should you ensure compliance?
The first step in determining whether a particular export is permissible under US export controls laws is determining whether the product is described in an export control classification number (“ECCN”) set out in the Commerce Control List (“CCL”) in Part 774 of the Export Administration Regulations (“EAR”). The EAR are enforced by the Bureau of Industry and Security (“BIS”) in the US Commerce Department. The ECCN can be determined in one of several ways, including by self-classifying the product based on a review of the CCL, or by asking BIS for a formal commodity classification ruling referred to as a “CCATS”. Products that are not described on the CCL are assigned a catch-all classification of EAR99, which means they generally do not require a BIS license for export to most destinations. It seems unlikely to us that a hemp or CBD product would be described on the CCL. However, reaching an ECCN determination requires a detailed understanding of a product’s technical parameters, so this review should be conducted by knowledgeable trade compliance counsel with input from product experts at the company.
Below we summarize some of the key US trade compliance considerations for companies seeking to import or export these products. Because every export from the United States by definition involves an import into another country, there will always be at least one other jurisdiction’s import laws to consider.
Oudezijds Achterburgwal 131, 1012 DE, Amsterdam
Sensi Seed BV, Oudezijds Achterburgwal 131, 1012 DE, Amsterdam, The Netherlands
P.O. Box 10952, 1001 EZ, Amsterdam
Ch. of Comm. no. : 24191871
Sensi Seeds sells cannabis seeds on the condition that they will not be used by others in conflict with applicable local and international laws. Sensi Seeds does not wish to induce anyone to act in conflict with the law, and cannot be held responsible for anyone using Sensi products to do so. The company expressly states that all customers who purchase cannabis seeds from Sensi Seeds are responsible for their own actions in the future. Sensi Seeds will accept no responsibility in this respect. Sensi Seeds does not accept any product liability.
Customers are advised to carefully read these conditions of use before using the Sensi Seeds webshop and blog.
The Sensi Seeds blog
The views expressed in the posts should be understood as the personal opinions of the author.
In a number of countries, the trade of cannabis seeds does not require a permit. In other countries, an exemption can sometimes be obtained for the industrial, medical and agricultural applications of hemp and cannabis seed. However, a notification requirement is sometimes imposed in the event that hemp and cannabis seed is imported or exported for these purposes. If the notification requirement is applicable, customers should in good time inform Sensi Seeds, the authorities, or both. Some nations prohibit the growing of cannabis plants for industrial, recreational and medicinal use. Principally, Sensi Seeds believes that the relief from pain and suffering offered by medicinal cannabis has been unquestionably and repeatedly proven, and is more important than any unclear local legislation. Sensi Seeds upholds an obligation under universal law to help people who suffer. However, this sometimes creates a situation of conflict between local law, international law and moral obligation. Sensi Seeds will not violate or interfere with the legislation of any country that forbids the import and export of cannabis seeds.
Importing, stocking and supplying cannabis seed is exempted from regulation under the 1961 U.N. Single Convention on narcotic drugs and affiliated international treaties. In countries such as the Netherlands, freedom to trade cannabis seeds is clearly incorporated in the national Opium or Narcotics Act legislation. The Sensi Seeds conditions of use reflect this freedom.
Sensi Seeds sells f1 hybrid cannabis seed strains only. There seem to be shops selling impure unstable strains (hybrids from hybrids) of inferior quality, or even birdseed, under Sensi Seeds brand names. Sensi Seeds takes steps to counter these practices but cannot completely prevent them at all times. The company encourages retailers of Sensi Seeds cannabis seeds to follow the recommended retail prices set by Sensi Seeds. The authenticity of Sensi Seeds cannabis seeds on offer for prices other than those specified on this website or on official Sensi Seeds catalogues are therefore questionable. If in doubt, please contact the Customer Service team. Sensi Seeds does not accept any product liability. Prices are subject to change without notice. The Sensi Seeds trading conditions are officially registered at the Chamber of Commerce in Amsterdam, Netherlands under no. 24161430