Richard A. Mojica
Member
Practice Lead, Customs & Import Trade
Richard Mojica counsels companies on how to minimize the cost of importing merchandise into the United States through strategic customs planning. Companies also turn to Mr. Mojica for counseling on customs enforcement matters, including audits, investigations, merchandise detentions, and penalty cases. Chambers USA has recognized Mr. Mojica for his "broad customs based practice," noting that clients say he is "reliable, responsive, friendly and very easy to communicate with," and he "knows how to set the expectations and is willing to go above and beyond to deliver."
Mr. Mojica is recognized for his work advising companies on compliance with supply chain due diligence laws, including the Uyghur Forced Labor Prevention Act (UFLPA) and Withhold Release Orders (WROs). He has led efforts to successfully challenge merchandise detentions under both WROs and the UFLPA. He has counseled companies in the renewable energy, automotive, base metals, and consumer product industries, among others. Mr. Mojica is a regular contributor to the New York Times, Wall Street Journal, Politico, and other media, on these issues.
Mr. Mojica previously served as an attorney with U.S. Customs and Border Protection's (CBP) Office of Regulations and Rulings. While at CBP, Mr. Mojica was a U.S. delegate to the World Customs Organization in Brussels and was part of the U.S. government team that litigated the EC-IT Products case at the World Trade Organization (WTO). Prior to joining Miller & Chevalier, he was in private practice at Baker McKenzie.
Representative Engagements
Customs
- Represented companies on CBP enforcement proceedings, including audits, penalty cases, voluntary self-disclosures, seizures, and Enforce and Protect Act (EAPA) investigations.
- Assisted companies with the development and implementation of tariff mitigation strategies, including the First Sale Rule for customs valuation, strategic tariff classification reviews, country of origin advocacy, and the use of free trade agreements, such as the United States-Mexico-Canada Agreement (USMCA).
- Represented a U.S. retailer in a customs fraud case brought by the Department of Justice (DOJ) under the qui tam provision of the False Claims Act (FCA).
- Represented companies in litigation before the U.S. Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit challenging the imposition of section 201, 232, and 301 tariffs.
Forced Labor
- Successfully petitioned for the release of merchandise detained by CBP pursuant to WROs and the UFLPA, including solar modules, apparel, automotive parts, and aluminum products.
- Assisted automotive original equipment manufacturers (OEMs) and Tier 1 suppliers with the development and implementation of risk assessment methodologies and anti-forced labor compliance policies and procedures including standard operating procedures on third-party due diligence, supply chain traceability protocols, codes of conduct, and compliance with industry-specific certification standards.
- Assisted with the development of a solar and storage supply chain traceability standard for the leading U.S. trade association for the solar and storage industries.
- Served as an expert witness in a securities case in Canada involving the WROs on rubber gloves from Malaysia.
- Successfully advocated on behalf of a multinational tobacco leaf company before CBP for its removal from the scope of a WRO targeting tobacco from Malawi.
- Assisted companies with responding to inquiries from CBP, investors, customers, Congress, and other stakeholders on matters relating to responsible sourcing.
Trade Policy
- On behalf of a leading trade association for the U.S. oil and gas industry, supported member companies and the U.S. Trade Representative (USTR) on a case filed by the U.S. pursuant to the USMCA challenging Mexico's energy policies.
- On behalf of a sovereign government, advocated for the removal of section 232 tariffs on aluminum and steel products originating in that country.
Government Experience
- Attorney-Advisor, U.S. Customs and Border Protection, Office of International Trade - Regulations & Rulings, 2008 - 2012
Rankings and Recognition
- Chambers USA: International Trade: Customs (Nationwide), 2021 - 2024
- Chambers Global: International Trade: Customs (USA), 2022 - 2024
- Latinvex Latin America's Rising Legal Stars: FCPA & Fraud, 2021; Tax & Trade, 2021
- Who's Who Legal: Trade & Customs, 2021
- Law360 Rising Star, 2018
- DC Bar Capital Pro Bono Honor Roll, 2018
- Legal 500: Dispute Resolution: International Trade, 2022
- Legal 500: Litigation: International Trade, 2015
Admissions
State Admissions
- District of Columbia
- Illinois
Court Admissions
- United States Court of International Trade
Clerkships
- Judicial Law Clerk, Inter-American Court of Human Rights (Organization of American States), San Jose, Costa Rica
News and Events
Events
Speaking Engagement
New York Leadership Series 2024
Speaking Engagement
The True Cost of Detention: Mitigating CBP Seizures with Supply Chain Visibility
Speaking Engagement
4th Annual Forum on Global ESG Reporting and Risk Management
Speaking Engagement
Strengthening UFLPA Compliance with Effective Supply Chain Mapping, Traceability and Visibility
Speaking Engagement
RE+ 2024
Publications
Internal Publication
Trade Compliance Flash: Recent Smuggling Plea Highlights Risk of Criminal Charges from Tariff Evasion
Internal Publication
Trade Compliance Flash: FLETF Announces Single Largest Expansion of UFLPA Entity List
Internal Publication
Trade Compliance Flash: USTR Opens Portal for Machinery Exclusion Requests to China 301 Tariffs
External Publication
UFLPA Entity List Additions Focus on Critical Minerals
Internal Publication