On July 9, U.S. Customs and Border Protection (CBP) announced the planned eligibility for exporters to participate in the Customs-Trade Partnership Against Terrorism (C-TPAT) and issued a list of applicable admissibility requirements and guidelines.
C-TPAT Logo
C-TPAT is a voluntary program designed to improve supply chain security and was only accessible to importers in the past. CBP officials and industry representatives have been working since last year to expand the C-TPAT into a broader authorized economic operator-type scheme by extending eligibility to exporters.

According to the release, “As the C-TPAT program has continued its evolution, it has become apparent that exports also have an important role in international supply chains and while this sector is not as heavily owned by CBP and the C-TPAT program, developing an export component for C-TPAT would further enhance both the program and its relationship with other mutually recognized Foreign Customs administrations.”

Continue reading »

The Canada Border Services Agency (CBSA) this week issued Customs Notice 14-005 reminding Canadian exporters of their obligation to correctly report the Harmonized System (HS) Code when completing their export declarations.

Customs Act, Sub-Section 95(4) states: “If goods are required to be reported in writing, they shall be reported in the prescribed form containing the prescribed information or in such form containing such information as is satisfactory to the Minister.” Indicating the correct HS classification code on the B13A export documentation pertaining to goods being exported is an essential part of this statutory requirement.

Non-compliance may result exporters in not being approved for the Summary Reporting program, having Summary Reporting privileges terminated and/or being fined under the Administrative Penalty System (AMPS).  The AMPS infraction in this particular case attracts a penalty of $150 per document in the first instance. If a second infraction is detected after 30 days, a penalty of $225 per document would be assessed.  Any subsequent infractions would be charged a penalty of $450 per document.

Some exporters may not give the same attention to the HS classification of goods being exported as perhaps they do to the classification of goods at the time of import when the payment of duties and taxes are involved. But it should be appreciated that even when the payment of tariffs are not at stake, the accurate classification of goods at every stage is vital to the efficient functioning of the international trading system. Not only do these HS export codes feed into the trade database of Statistics Canada (thereby helping to better inform government policy and private enterprise strategy), but in more practical terms, may also affect how goods are dealt with on the receiving end by purchasers and customs authorities when being imported into the country of final destination.

For those compliance professionals who have seen their companies’ activities expand into exporting/re-exporting and/or for those who would like to gain a better understanding of U.S. export laws and regulations, this intensive one-day seminar will provide the necessary foundation.

Seminar Topics

  • Overview of the U.S. export regime (e.g., Export Administration Regulations, International Traffic in Arms Regulations and Foreign Assets Control Regulations)
  • Commodity jurisdiction determinations (internal and formal)
  • Principles of export classification (e.g., under the EAR, ITAR and Schedule B classifications) and best practices
  • Deemed export rule (EAR) and technical data transfer requirements (ITAR)
  • Export screening
  • Automated Export System requirements
  • Special export compliance challenges
  • Establishing an effective export compliance program
  • Consequences of non-compliance
  • Introduction and Update on the Export Control Reform

Note: As part of this seminar, attendees are asked to please bring a laptop with them.

Speaker: Erin Clark serves as an Export Compliance Senior Manager for Sandler & Travis Trade Advisory Services, Inc., and is based in San Diego.

Date: Wednesday | March 12, 2014

Time: 8:30 AM – 5:00 PM (Continental Breakfast and Lunch Provided)

Location:  Sandler & Travis Trade Advisory Services – Detroit
36555 Corporate Drive, Suite 400 | Farmington Hills, MI 48331

Cost: $370 US

Click here to register for this event.

 

Today it is not just exporters of military or dual-use (military/civilian) goods that need to be concerned about export compliance – everyone from Internet sellers to traditional shippers of otherwise innocuous products such as flowers and clothing needs to make sure they have an export compliance program in place. This webinar will provide you with the tools to create an effective export compliance program, which can not only help you avoid violating export laws and regulations but can also be instrumental in mitigating the penalties assessed when things go awry.

Key Topics:

  • identifying the export controls on your products and technology
  • understanding distinctions between the agencies that oversee the export and reexport of goods and technology
  • creating a technology control plan that allows access only to authorized parties
  • screening programs and when to conduct screening of transactions
  • licensing authority
  • training of staff
  • reporting violations and when to file a prior disclosure – recordkeeping

Speaker:
Donna Bade, manages the Chicago office of Sandler, Travis & Rosenberg, P.A. Her practice is focused on import and export trade law, trade regulations and customs law, regulatory law and transportation law.

Date:  Thursday | February 13, 2014
Time: 1:00PM-2:00PM EST
Cost:  $200 USD

Click here to register for this webinar.

Note: This event is in the process of being certified by NCBFAA Educational Institute for Certified Export Specialist (CES) continuing education credits.

CES credit: 1

 

Retaining Export Information

On November 5, 2013, in Trade Compliance & Strategy, by Martin Rayner

The U.S. Census Bureau posted to its “Global Reach” blog Oct. 30 a notice providing the following information in response to inquiries from the trade community regarding the requirements for retaining export information.

Every party involved in an export transaction (owners and operators of export carriers, U.S. principal parties in interest, foreign PPIs and/or authorized agents) should retain for five years from the date of export all documents, correspondences and other information relevant to the export transactions.

All documents, correspondences and other relevant information to the export transactions should be maintained. These should include but are not limited to items, such as:

  1. Electronic Export Information (EEI)
  2. Shipping documents
  3. Invoices
  4. Orders
  5. Packing list
  6. Other documents relevant to the specific transaction

The record retention policies for Census (15 CFR 30.10), the Bureau of Industry and Security (15 CFR 762.6(a)) and the State Department (22 CFR 122.5) all require keeping documentation for five years. Census notes that its record retention requirements do not relieve filers from adhering to other government agencies’ record retention policies.

Amber Road invites you to attend the final complimentary webinar in their three-part series, which addresses the key steps of building an effective Export Compliance Program.

This webinar will review Shipment Screening & Documentation.  Once centralized data management and RPS programs have been established, Export On-Demand allows exporters to easily process an order, create pre-mapped shipping documents, and file with the U.S. Census Bureau’s Automated Export System (AES).  Users are also able to screen shipments to manage and react to changes in the supply chain in a timely manner.

During this webinar, you will learn how Export On-Demand can help your company manage the entire export compliance process, and how it easy it is to deploy across your organization.

Presenters:  Scott Byrnes, VP of Marketing, Amber Road &  Scott Parker, Solutions Consultant, Amber Road

Date: Tuesday, November 5, 2013

Time: 2:00 – 3:00 PM EDT

Click here to register.

The ongoing federal government shutdown could complicate the expected October 15 implementation of the first regulatory revisions being made under the Export Control Reform Initiative. The two final rules issued last spring by the Bureau of Industry and Security and the Directorate of Defense Trade Controls are intended to improve national security, improve interoperability with foreign partners and bolster the U.S. defense industrial base.

Continue reading »

Tagged with:  

Regulatory agencies are bearing down on exporters, both at origin and destination, while there’s a growing need to align compliance and logistics operations functions in the export process. All this means export teams need to be involved early and significantly in discussions about new products, new markets, or new acquisitions.

These issues are explained in American Shipper’s fourth annual benchmark study covering U.S. export operations and compliance, which is produced in partnership with BPE Global and the International Compliance Professionals Association (ICPA). The theme this year is gauging the extent to which export teams have a place at a strategic table. The report also sheds light on the broader regulatory issues exporters are wrestling with and the value of technology solutions designed to support them.

Export Concerns Chart

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Key issues addressed in the study include:

  • The role of compliance and operations personnel in strategic export decisions
  • Organizational structures and responsibilities
  • Operational best practices
  • Productivity metrics
  • The role of GTM technology

Click here to download the report.

 

Amber Road invites you to attend the second complimentary webinar in their three-part Export Compliance Webinar Series, which addresses the key steps of building an effective Export Compliance Program.

This webinar will focus on product classification. Companies must keep classifications of products for every country in which they operate. This is required for both export and import purposes, as different information about the product is required on each shipment.

During this webinar, you will learn how Export On-Demand can help your company maintain its own product classification database, and how easy it is to deploy across your organization.

Presenters:  Scott Byrnes, VP of Marketing, Amber Road &  Scott Parker, Solutions Consultant, Amber Road

Date: Wednesday, October 16, 2013

Time: 2:00 – 3:00 PM EDT

Click here to register.

 

26th Annual Global Trade Controls (GTC) Conference

On September 27, 2013, in International Trade, by Martin Rayner

This industry event for global export control compliance will take place on November 5 and 6 at the Royal Garden Hotel in London, with pre- and post-conference workshops about export licensing and trade controls, and understanding defense trade controls on November 4 and 7, respectively.

On this occasion, participants can network with government officials and peers in the areas of export controls and compliance, and also have the opportunity to take part in three problem-solving clinics about due diligence and export controls, developing a technology control plan, and privacy laws and screening.

Attendees will benefit from the expertise of the speakers from both government and industry.  You will:

  • be updated on the details of US export control reform and what it means for European companies
  • discuss the changes to German export controls
  • analyse how the new Strategic Trade Authorization (STA) is working
  • learn about Russian export controls and compliance issues
  • understand the new 600 series Commerce Munitions List
  • hear the latest on EU and US Iran sanctions and how to reduce the risk of non-compliance
  • focus on managing effective company compliance programmes
  • assess US and European approaches to enforcement and investigations
  • network with government officials and export controls and compliance colleagues

Click here to find out more information and register for this event.  (Note: Discounts are available if registration is received by 4th October 2013.)

 

LAST CHANCE TO REGISTER

Join Amber Road for their complimentary three-part export compliance webinar series that will address the three key steps of building an Export Compliance Program (Restricted Party Screening, Product Classification, and Shipment Screening & Documentation), and how their Export On-Demand trade automation solution can help.

The first webinar in the series will review the most common first step of any Export Compliance Program: Restricted Party Screening; an important process that, if done manually, can take up valuable time and resources.

During this webinar, you will learn how Export On-Demand can help automate the Restricted Party Screening process, and how easy it is to implement the software across your organization.

Presenters:  Scott Byrnes, VP of Marketing, Amber Road &  Scott Parker, Solutions Consultant, Amber Road

Date: Tuesday, September 24, 2013

Time: 2:00 – 3:00 PM EDT

Click here to register for this free webinar.

U.S. Census Bureau to Hold AES Compliance Seminar

On September 13, 2013, in International Trade, by Martin Rayner

The U.S. Census Bureau has announced an upcoming Automated Export System (AES) compliance seminar, along with an AESPcLink workshop, which will be held in Washington DC on September 26-27, 2013.

The compliance seminar will be hosted by the Association of Small Business Development Centers (ASBDC) and the topics, presented by the Department of Commerce (Census Bureau and Bureau of Industry and Security), will include:

FTS Logo

  • Mandatory filing requirements
  • BIS export control requirements
  • How to avoid common penalties and seizure of cargo
  • Instructions on classifications
  • Best practices for maintaining compliance with export regulations

The workshop on AESPcLink will provide information and practice on:

  • How to use AESPcLink
  • Reporting Export
  • Creating shipment templates
  • Requirements to become AES certified

U.S. Customs and Border Protection recognizes this program as a mitigating factor should a penalty be issued. Mitigating factors can lead to lower fines.

Location: Holiday Inn Capitol, 500 C St. SW, Washington D.C. 20024
Date: Thursday, September 26th, 2013
Time: 8:00 AM – 5:00 PM
Cost: $249.99

Click here to register for this event.

Note: This seminar qualifies for 7 CES credits

Tagged with:  

A proposed rule issued by the Bureau of Industry and Security (BIS) and published in yesterday’s edition of the Federal Register would require exporters to file an Automated Export System (AES) record for all exports subject to the Export Administration Regulations (EAR) and involving a party or parties to the transaction who are listed on the “unverified list.”

The proposed rule would:

  • Suspend the availability of license exceptions for exports, re-exports, and transfers (in-country) involving a party listed on the “unverified list”
  • Require exporters, re-exporters, and transferors to obtain an “unverified list” statement from a party to the transaction listed on the “unverified list” before proceeding with the exports, re-exports, and transfers (in-country) involving items subject to the EAR, even when the item does not require a license
  • Add procedures to the EAR concerning requests for removal or modification of a “unverified list” entry

The proposed changes are intended to enhance the ability of U.S. officials to verify the bona fides of parties to exports, re-exports, or transfers (in-country) of items subject to the EAR and provide increased visibility into such exports, re-exports, and transfers involving persons whose bona fides could not be verified.

U.S. exporters and re-exporters should take this opportunity to review the effectiveness of their export compliance systems and develop strategies for enhancing them in anticipation of a final rule. The BIS is also accepting comments on its proposed rule through Oct. 11.

Tagged with:  

Best Practices for an Export Compliance Program

On August 22, 2013, in International Trade, by Martin Rayner

Today it is not just exporters of military or dual-use (military/civilian) goods that need to be concerned about export compliance – everyone from Internet sellers to traditional shippers of otherwise innocuous products such as flowers and clothing needs to make sure they have an export compliance program in place. This webinar will provide you with the tools to create an effective export compliance program, which can not only help you avoid violating export laws and regulations but can also be instrumental in mitigating the penalties assessed when things go awry.

Key Topics

  • identifying the export controls on your products and technology
  • understanding distinctions between the agencies that oversee the export and re-export of goods and technology
  • creating a technology control plan that allows access only to authorized parties
  • screening programs and when to conduct screening of transactions
  • licensing authority
  • training of staff
  • reporting violations and when to file a prior disclosure
  • recordkeeping

Speaker: 

Donna Bade, manages the Chicago office of Sandler, Travis & Rosenberg, P.A. Her practice is focused on import and export trade law, trade regulations and customs law, regulatory law and transportation law.

In addition, Ms. Bade has extensive experience assisting clients with export control, licensing, commodity jurisdiction and compliance issues. She has represented companies before the Bureau of Industry and Security, the Office of Foreign Assets Control and the Department of State. She has also worked with companies to establish export management systems and has provided training to foreign branches and subsidiaries on U.S. export controls.

Date: Thursday, September 12, 2013
Time: 1:00PM-2:00PM EDT
Cost: $150 USD

Click here to register

This event has been certified by NCBFAA Educational Institute for Certified Customs Specialist (CCS) continuing education credits.
CCS credits: 1

On a recent Federal Register notice, the Bureau of Industry and Security (BIS) issued a final ruling limiting the time allowance to submit a final, comprehensive narrative account required as part of a voluntary self-disclosure (VSD), within 180 days after the initial notification.

Voluntary Self-Disclosures are part of section 764.5 of the Export Administration Regulations (EAR), which sets forth a procedure for parties which might have violated the regulations, to disclose the facts to the Office of Export Enforcement (OEE). The procedure includes an initial notification, describing the general facts, to be followed by a complete review of the events, which should include all supporting documentation.

Additionally, BIS is making two changes regarding address service notice in administrative enforcement proceedings. The notice explains that these changes are being made “to be better able to resolve administrative enforcement proceedings in a timely manner and provide more efficient notice of administrative charging letters.”

The Final Rule becomes effective on September 9, 2013.