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back to index backLATINtalk July,  2005

New book details export compliance responsibilities

If you're an exporter (from the U.S.), you may be interested in a new book published by the Bureau of Industry and Security (BIS) intended to deter violations of U.S. export control laws and promote best export compliance practices.

Don't Let This Happen To You! details your company's responsibilities as an exporter and the penalties you and your company can incur for ignoring those responsibilities. You can download this book for free from the BIS website.

Export Administration Regulations

While a number of different U.S. agencies have responsibilities for regulating exports from the United States, BIS controls the widest range of goods and technology through the Export Administration Regulations (EAR). Even if your company is exporting goods or technology that was designed for strictly commercial applications, you need to check the EAR to make sure your products don't also present foreign policy or national security concerns.

At the very least, you must make sure that your products don't require export licenses, and that you aren't exporting to parties or countries that are known to present a risk to the security of the United States.

Violate the EAR and you and your company may be subject to both criminal and administrative penalties. Fines for export violations can reach up to $1 million per violation in criminal cases, $11,000 per violation in most administrative cases, and $120,000 per violation in certain administrative cases involving national security issues. In addition, criminal violators may be sentenced to prison time, and administrative penalties could include denial of export privileges.

Among the export violations outlined in the new BIS book:

* Failure to apply for an export license and/or exporting a good or technology without an export license.

* Releasing or demonstrating licensable technology to a foreign national in the United States. This is known as a deemed export.

* Exporting goods or technology to embargoed countries (found on the U.S. Treasury's OFAC list) even if the goods or technology don't normally require an export license.

* Attempting to bypass the EAR by shipping products to a third country and then re-exporting or diverting the goods to an embargoed country.

* Assuming the EAR requirements are being met by another party in the export transaction. Both the exporter and the exporter's agent are responsible for each entry made on an export document.

* Exporting goods to certain end users on one of the government's restricted party lists. This violation applies even if your products don't normally require an export license.

* Making false statements on your export documents. The most common type of false statements appear on the Shipper's Export Declaration (SED) that an export doesn't require a license (i.e., that it is NLR”).

If you read the BIS book, you'll see these violations can result in substantial penalties against companies and, in the case of willful violations, their employees.

Shipping Solutions Export Compliance Module

While U.S. export regulations can seem a bit overwhelming, the right tools can make all the difference. Shipping Solutions software has helped thousands of U.S. exporters create their export documents faster and easier than ever before. Now Shipping Solutions can help you ensure that your company's export shipments comply with the EAR.

Shipping Solutions Professional gives you easy access to our Export Compliance Module. With access to the Export Compliance Module, you can:

1. Quickly determine what documents you need to prepare to export your goods to a particular country.

2. Screen each export shipment to determine whether or not you need to apply for an export license for any of your products.

3. Screen all the parties in your export shipments to see if any of them appear on any of the government's bad guy” lists including the Denied Persons List, the Entity List, the Debarred Parties List, the OFAC List, and more than a dozen others.

You'll find more detailed information about Shipping Solutions Professional's Export Compliance Module, as well as a free online demo, by clicking here.

Source: ShipSolutions - GAI

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