This page serves as a digest of useful information regarding COVID-19 and its impact on trade and logistics. We’ll update this page as events and new information warrant.

LAST UPDATED ON MAY 13, 2020 AT 12:30 PM ET

U.S.-MEXICO BORDER TRAVEL RESTRICTIONS

The administration announced new cross-border travel restrictions between the U.S. and Mexico, which took effect at 11:59 PM Friday, March 20 and will remain in effect until April 20. The full notice is available here. The highlights:

  • Mutually agreed upon between the U.S. and Mexico
  • Only individuals engaged in “essential travel” may enter:
    • S. citizens and lawful permanent residents returning to the United States;
    • Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States);
    • Individuals traveling to attend educational institutions;
    • Individuals traveling to work in the United States (e.g., individuals working in the farming or agriculture industry who must travel between the United States and Mexico in furtherance of such work);
    • Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support Federal, state, local, tribal, or territorial government efforts to respond to COVID-19 or other emergencies);
    • Individuals engaged in lawful cross-border trade (e.g., truck drivers supporting the movement of cargo between the United States and Mexico);
    • Individuals engaged in official government travel or diplomatic travel;
    • Members of the U.S. Armed Forces, and the spouses and children of members of the U.S. Armed Forces, returning to the United States; and
    • Individuals engaged in military-related travel or operations.
  • Will not negatively affect cargo.
    • “…should not interrupt legitimate trade between the two nations or disrupt critical supply chains that ensure food, fuel, medicine, and other critical materials reach individuals on both sides of the border.”
  • does not apply to air, freight rail, or sea travel between the United States and Mexico, but does apply to passenger rail and ferry travel between the United States and Mexico.

U.S.-CANADA BORDER TRAVEL RESTRICTIONS

The administration also announced a restriction on non-essential travel between the U.S. and Canada that contains the same elements as those above. Like the Mexico border announcement, the restrictions took effect at 11:59 PM Friday, March 20 and will remain in effect until April 20. You can read the Federal Register notice here.

HOURS OF SERVICE RULE WAIVED – UPDATED MAY 13, 2020

The Federal Motor Carrier Safety Administration has issued a 50-state waiver to the Hours of Service Rule for commercial vehicle drivers transporting goods related to the COVID-19 outbreak. It will last until the end of the day on April 12 or until the end of the emergency. The original regulatory relief announcement was made Mar. 13, and was expanded on Mar. 18. The declaration provides for regulatory relief for commercial motor vehicle operations providing direct assistance supporting emergency relief efforts intended to meet immediate needs for:

  • Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19.
  • Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants.
  • Food, paper products and other groceries for emergency restocking of distribution centers or stores.
  • Immediate precursor raw materials—such as paper, plastic or alcohol—that are required and to be used for the manufacture of essential items.
  • Equipment, supplies and persons necessary to establish and manage temporary housing, quarantine.
  • Persons designated by federal, state or local authorities for medical, isolation, or quarantine purposes.
  • Persons necessary to provide other medical or emergency services.

As of May 13, 2020 this declaration has been expanded until May 14, 2020 days without modification.

The full emergency declaration can be found here.

FAQ here.

FMCSA COVID-19 DRUG & ALCOHOL TESTING GUIDANCE

To help ensure the safety and well-being of everyone, while also ensuring that we continue to meet our mission, FMCSA is providing the following guidance in effect until May 30, 2020 (90 days from the date proclaimed as the beginning of the national emergency in the President’s Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak), unless the national emergency is extended beyond that date.

Please click on this link to access information, provided by DOT’s Office of Drug and Alcohol Policy Compliance (ODAPC), about the impact of the COVID-19 national emergency on DOT drug and alcohol testing requirements for employers, employees, and service agents.

FMCSA NOTICE ON EXPIRING CDLs

This Notice of Enforcement Policy, effective from March 24, 2020 to June 30, 2020, provides needed relief from specified FMCSRs for CLP holders, CDL holders, and non-CDL drivers and motor carriers using those drivers.  This Notice of Enforcement Policy applies to all CLP holders, CDL holders, and non-CDL drivers whose license was issued for less than the maximum period established by 49 CFR 383.25 and 383.73 and was valid on February 29, 2020 and expired on or after March 1, 2020.

CRITICAL INFRASTRUCTURE, ESSENTIAL SERVICES

As concern grows over state- and city-level shelter in place mandates or other orders that would severely limit movement, the DHS Cybersecurity and Infrastructure Security Agency provides important guidance for policymakers to ensure that the economy and important industries can continue to function. According to this CISA memo issued Thursday, March 19, “CISA developed an initial list of ‘Essential Critical Infrastructure Workers’ to help State and local officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security.” It goes on to say, “…this list is advisory in nature. It is not, nor should it be considered to be, a federal directive or standard in and of itself.”

Note the section on logistics, which includes:

  • Employees supporting or enabling transportation functions, including dispatchers, maintenance and repair technicians, warehouse workers, truck stop and rest area workers, and workers that maintain and inspect infrastructure (including those that require cross-border travel)
  • Employees of firms providing services that enable logistics operations, including cooling, storing, packaging, and distributing products for wholesale or retail sale or use.
  • Maritime transportation workers – port workers, mariners, equipment operators
  • Manufacturers and distributors (to include service centers and related operations) of packaging materials, pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and distribution operations.

SMALL BUSINESS RELIEF AND RESOURCES

The Small Business Administration recently announced disaster assistance loans of up to $2 million would be available for small businesses affected by COVID-19. The low-interest loans are for businesses that have sustained “substantial economic injury” due to the spread of the coronavirus.

The SBA’s Office of Disaster Assistance will work with state governors that submit requests for relief Submit requests here. In addition, SBA provides a number of regular capital access loan resources and programs for small businesses.

SBA Disaster Assistance Contact Information:

Phone: 1-800-659-2955; Email: disastercustomerservice@sba.gov

An overview of the Paycheck Protection Program and the Economic Injury Disaster Loan (EIDL) Program. (Added April 3, 2020)

EXPANDED FAMILY AND MEDICAL LEAVE TO EMPLOYEES AFFECTED BY COVID-19 ONLINE DIALOGUE

This national online dialogue, hosted by the Office of Compliance Initiatives in partnership with WHD and the Office of Disability Employment Policy, provides an innovative opportunity for employers and employees to play a key role in shaping the development of USDOL’s compliance assistance materials and outreach strategies related to the implementation of the FFCRA. USDOL will use the ideas and comments gathered from this dialogue to develop compliance assistance guidance, resources, and tools, and outreach approaches that assist employers and employees in understanding their responsibilities and rights, respectively, under the FFCRA. We need your input by March 29, 2020.

CUSTOMS AND BORDER PROTECTION: ADDITIONAL DAYS FOR PAYMENTS DUE TO COVID-19 (added on March 26, 2020)

Due to the severity of  Novel Coronavirus Disease (COVID-19), U.S. Customs and Border Protection (CBP) will approve on a case by case basis additional days for payment of estimated duties, taxes and fees due to this emergency.  Please note that CBP is working on a future message that will provide further information. Read the bulletin here.

FMCSA EXPANDED HOURS OF SERVICE EMERGENCY DECLARATION (added on April 8, 2020)

The expanded declaration extends the original Hours of Service Emergency declaration through May 15, 2020 and expands the relief to cover liquefied gasses to be used in refrigeration or cooling systems. Full text of the declaration available here.

TEMPORARY POSTPONEMENT OF THE TIME TO DEPOSIT CERTAIN ESTIMATED DUTIES, TAXES AND FEES(added on April 20, 2020)

President Trump signed an Executive Order on April 18 to provide additional economic support for U.S. businesses, including critical supply chains for U.S. manufacturers, during the COVID-19 pandemic.

The order gives the Administration the flexibility to allow for a 90-day deferment period on certain payments for importers who have faced a significant financial hardship due to the COVID-19 pandemic response.

Pursuant to this authority, the Treasury Department and U.S. Customs and Border Protection issued the detailed information linked here.

This payment flexibility will be available only for importers with a significant financial hardship and will apply to payments for goods imported in March and April. Imports subject to duties associated with anti-dumping and countervailing duties (AD/CVD), and Section 201, 232 and 301 Trade Remedies are not included in this relief effort.