Appropriate to the Season and to something that should stay with us all throughout the year…
On the first day of Christmas my company gave to me-
A Management Compliance Policy which establishes my management’s and my company’s commitment to export compliance;
On the second day of Christmas my company gave to me-
An Export Compliance Officer and an Empowered Official to provide me understanding, assistance and directions as I navigate export regulations in my daily activities;
On the third day of Christmas my company gave to me-
Three Golden Rules of Export Compliance:
- Know your Customer
- Know your Product
- Know the export regulatory requirements
On the fourth day of Christmas my company gave to me-
Processes and procedures for four sets of export regulations (ITAR, EAR , OFAC and FTR) to ensure my compliance and my company’s compliance;
On the fifth day of Christmas my company gave to me-
An understanding of International Sanctions and what they mean:
- Embargoed Country Sanctions
- Economic Sanctions
- Arms Embargoes
- Specially Designated Nationals and Blocked Persons List
- Multi-lateral Sanctions (e.g. UN Sanctions)
On the sixth day of Christmas my company gave to me-
- Basic Awareness
- Classification
- Advanced Compliance
- Classification
- Sanctions Training
- My company’s Export Management and Compliance Program
To ensure I understood the company requirements and the export regulations;
On the seventh day of Christmas my company gave to me-
An Export Classification Matrix to record and maintain records for classification decisions which includes:
- Product Description (Part or Drawing Number)
- Country of Origin
- Export Classification
- USML Category
- ECCN
- Schedule B Number/HTS Number
- HTS Rulings (for imports)
- Commodity Jurisdiction Case Number (if applicable)
- Commodity Classification Request (if applicable)
On the eighth day of Christmas my company gave to me-
Eight “Red Flags” to think about and beware of:
- The customer or its address is similar to one of the parties found on the restricted parties list and/or the denied persons.
- The customer or purchasing agent is reluctant to offer information about the end-use of the item.
- The customer is willing to pay cash for a very expensive item when the terms of sale would normally call for financing.
- The item ordered is incompatible with the technical level of the country to which it is being shipped.
- Routine installation, training, or maintenance services are declined by the customer.
- Delivery dates are vague, or deliveries are planned for out of the way destinations.
- The customer or purchasing agent is reluctant to offer information about the end-use of the item.
- The customer is unfamiliar with the product’s performance characteristics but still wants the product.
On the ninth day of Christmas my company gave to me-
A matrix of recordkeeping requirements to comply with §122.5 (and other sections of the ITAR), Part 762 of the Export Administration Regulations, 15 CFR § 30.10 of the Foreign Trade Regulations and other regulatory requirements:
- Export Licenses and Exemptions/Exceptions
- Audits (internal and external)
- Correspondence to and from Government Agencies
- Training Records
- Voluntary Disclosures/Voluntary Self-Disclosures
- Shipping Documentation
- Electronic Export Information (EEI)
- Classifications
- Order information
On the tenth day of Christmas my company gave to me-
A ten point checklist to internally monitor and evaluate the company’s “state of compliance”:
- Export Compliance Training
- Visitors and Facility Security
- Control of Technical Data
- Export Authorizations
- Classification
- Export Screening
- Shipping Documentation
- Registration
- Recordkeeping
- Escalations of Export Issues and Voluntary Disclosures
On the eleventh day of Christmas my company gave to me-
A Consolidated Screening List with a Search engine to screen my customers, vendors, suppliers, employees, contractors and consultants against:
- Denied Persons List
- Unverified List
- Entity List
- Nonproliferation Sanctions
- AECA Debarred List
- Specially Designated Nationals List
- Foreign Sanctions Evaders List
- Sectoral Sanctions Identifications (SSI) List
- Palestinian Legislative Council (PLC) List
- The List of Foreign Financial Institutions Subject to Part 561 (the Part 561 List)
- The Consolidated Screening List (a consolidated screening tool)
On the twelfth day of Christmas my company gave to me-
A reminder of what I need to do:
- Be Responsible
- Yes, these are laws and regulations that must be followed, but also they have a direct effect on the success of you company.
- Be Responsive
- Regardless of your position or function in the company, always work to achieve and maintain compliance.
- Be Protective
- Your company has invested in Intellectual Properties (some of which will be export-controlled) and is trusted by its customers to protect their export-controlled technical data and technology. Remember that export-controlled technical data and technology cannot be provided to or accessed by Foreign Persons, unless there is an export authorization approving such provision/access. Handle, store and transmit all export-controlled technical data and technology in a manner that is compliant with the regulations.
- Be Diligent
- Learn and Understand U.S. Export Laws and Regulations and how they affect my company and my job;
- You cannot know how to be compliant unless you understand the Laws and Regulations that you are required to be compliant with;
- Remember your company’s export compliance is directly affected by the compliance of its employees.
- Be Aware
- Know whether the items and/or the technical Data/technology you are working with or have access to are export-controlled and handle them accordingly.
- Attend all training offered
- The more trained you are, the more you will understand and that will make compliance easier. Even if the training is not directly related to your job, ask to attend – you may learn something new or gain a better understanding of what you know which will make you more compliant.
- Review my company’s compliance plan
- Don’t just look at the sections of the compliance plan that you feel effect what you do, understand the whole plan – it is a company compliance plan, not a job compliance plan.
- Review the processes and procedures from the compliance plan and follow them
- Your company has made every attempt to make its compliance processes and procedures not merely relevant to the company but also to all the functions within the company.
- Don’t Assume – Ask!!
- Not sure or you have questions? Ask the Export Compliance Officer or Empowered Official and be sure!
- See It – Report It!!
- If something does not look right, there is a good chance it isn’t. Report it to your Export Compliance Officer, Empowered Official, or immediate Supervisor. Violations can be costly.
- Be Compliant
- As defined in Merriam Webster Dictionary: “ready or disposed to comply.”
- Remember the Three Golden Rules of Export Compliance from the third day of Christmas:
- Know your Customer
- Know your Product
- Know the export regulatory requirements
While we here at Export Solutions cannot make all of your Christmas wishes come true, we can offer you a free consultation to help you remain compliance or become compliant this year.
Enjoy the Season and have a compliant New Year!
Jim McShane is a Sr. Consultant, Trade Compliance for Export Solutions -- a full-service consulting firm specializing in ITAR and EAR regulations.