|
|
Export Compliance
Services Offered:
-
ECCN Classifications
(EAR)
-
HTS and Schedule B
Classifications
-
EMS: Export Management Systems Developed
-
ITAR: Defense Trade Controls
Systems Developed
-
NAFTA and other Free Trade
Eligibility determinations
-
Onsite Training and Program
Implementation
|
EXPORTS ARE REGULATED BY LAW: EAR & ITAR
Export Transactions are
regulated and governed by U.S. Regulation and Law, as found in:
|
A. The
Export Administration Act, The Export Administration Regulations (EAR)
and The International Traffic in Arms (ITAR)
Within the
EAR
or ITAR one determines to which destinations and for what types of commodities
one needs a license in order to legally export.
Export
transactions are regulated for reasons of:
-
National Security
-
Nuclear Proliferation
-
Missile Technology
-
Terrorism and Crime
-
Chemical Biological Weaponry
-
Misuse
-
Short Supply
-
Non-military and non-nuclear materials can be
subject to license depending on the end user or end use.
-
Exporters are responsible for a product to its
final destination even if it is being reexported by subsidiaries or
distributors.
|
B.
Trading with the Enemy Act
The U.S. embargoes certain countries such as Iran,
Iraq, Syria, North Korea and Cuba. If a U.S. product ends up in these locations
exporters can be subject to fines and penalties.
|
C.
United Nations Participation Act
The U.S. further refrains from exports to certain
United Nations Sanctioned countries for certain commodities.
|
D. Antiboycott Regulations
Countries in the middle east are most likely to
violate anti-boycott law. They include: Bahrain, Kuwait, Lebanon, Oman, Qatar,
Saudi Arabia, United Arab Emirates and Yemen.
|
E.
Foreign Corrupt Practices Act, Arms Control Act and Emergency Powers Act also
control exports
Due diligence is required on the part of the
exporter to ensure all exports and reexports are legal. Failure to comply
through negligence or criminal wrong doing can subject the exporter to fines,
restrictions from exporting or criminal penalties, including prison.
|
To
prevent such actions, exporters should:
-
Properly classify and review classifications of
export commodities yearly and upon introduction of new products and destinations. Obtain
training
annually as well.
-
Develop an Export Management System that includes:
-
Export Compliance
Policy
-
Export Compliance
Procedure
-
Export Compliance
Training
-
Export Compliance
Auditing
|
| Companies have been known to be fined millions of
dollars for failure to comply. Companies have lost their export privileges which
results in lost revenue. |
|
Commerce and Customs
has been ramping up enforcement.
New regulations will be strictly enforced.
The Automated Export System (AES
has been implemented by commerce for electronic SED filing (EEI),
enabling better enforcement of all exports by multiple U.S. agencies with
jurisdiction.
|
An
ounce of prevention is worth a pound of cure.
|
|
|
|
|
Retainers are an affordable alternative toward full
import/export and C-TPAT compliance
 |
Building export management systems (EAR,
ITAR) |
|
|
Product classification |
|
|
C-TPAT compliance programs |
|
This web site contains PDF
documents that require Adobe Reader to view. To download the reader click
on the icon below.
|
Home