Export Compliance

Export Compliance

U.S. export control laws and regulations impact businesses of all sizes globally, including foreign businesses with interests in the United States. Key regulatory regimes, such as the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), Office of Foreign Assets Control (OFAC) regulations, and the Foreign Corrupt Practices Act (FCPA), are administered and enforced by various government agencies.

These export laws and regulations are continually evolving, presenting significant challenges for businesses trying to navigate the complexities of export compliance within limited time and resources. Violations often result from a lack of information or inadequate consultancy, leading to severe consequences such as loss of import/export privileges, substantial fines, and imprisonment of responsible individuals.

1. Regulatory Compliance Assessment

• Gap Analysis: Evaluate the client’s current compliance status against relevant laws and regulations (Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and Customs Modernization Act.
• Audit Preparation: Assist in preparing for audits by government agencies such as Customs and Border Protection (CBP) or the Bureau of Industry and Security (BIS).

2. Sanctions and Export Controls

• Sanctions Monitoring: Stay updated on changes to sanctions policies affecting trade with countries like China, Russia, or Iran.

  Examples:

  • Monitoring the Chinese MEU list
  • Assist with compliance programs for steel and steel derivative products with Russia-origin materials
  • Develop sanction compliance programs, including restricted party screening, human resource policy enhancement, etc.

• Export Licensing: Guide clients through obtaining licenses for sensitive technologies and dual-use goods.

  Examples:

  • Assist clients in setting up an export control technology screening procedure
  • Assist with compliance programs for sensitive technologies and dual-use goods
  • Deemed Export Compliance: Provide guidance on managing technology transfers to foreign nationals under export control laws.

3. Trade Compliance Program Development

• Compliance Manual: Develop and customize trade compliance manuals and policies for companies, tailored to their industry and geographical locations.
• Employee Training: Provide training programs for employees on topics like classification, documentation, and export controls.
• Industry-Specific Expertise: Offer tailored compliance solutions for industries like aerospace, pharmaceuticals, technology, or consumer goods.
• Small Business Support: Develop scalable compliance frameworks for small and medium-sized enterprises (SMEs).