MEC EXPORT COMPLIANCE AWARENE$$ Presented by : Paul Divecchio –DiVecchio & Associate Phone: (617) 513-3230, Fax: (508) 393-3645

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Presentation transcript:

MEC EXPORT COMPLIANCE AWARENE$$ Presented by : Paul Divecchio –DiVecchio & Associate Phone: (617) , Fax: (508)

Export Compliance Decisions Everybody Has it?? WHEN IN IT OUT, NOT: IT OUT WHEN IN 3. Abide by the Exporters Cardinal Rule 2. Document Decisions 1. USE COMMON SENSE!! Demonstrate your D 2 “Due Diligence”

What You Know! Stated & Implied

Don’t be an Ostrich ! ENHANCE EXPORT OPPORTUNITIES RISK AVOIDANCE Company Objective

CURRENT CLIMATE Mandatory AES Compromised (DHS vs. Census) Patriot Act Penalty Increase - $10K to $50K PRC – “Catch All”-conventional military Enforcement Oversight - AGRESSIVE Industry Compliance Initiative – A MUST

What can happen if it goes wrong? Fines Negative Publicity Denial export Privileges Disruption of Business Jail Time

Methods of Enforcement Industry Sources - Informants Intelligence Sources Outreaches Safeguards Verification Program Visa Application Review Program Export Document Review (Targeting) ( SED/AES, Airway Bills, Bills of Lading) Public Sources - Newspapers, Trade Publications, Internet

KEY EXPORT COMPLIANCE RISKS WRONG JURISDICTION (Boeing –L3) CLASSIFICATION (NONE/WRONG) GLOBAL DENIED PARTY REVIEWS SLOPPY PAPERWORK EMBARGOES – DIVERSIONS ANTIBOYCOTT COMPLIANCE TECHNICAL DATA TRANSFER –EMPLOYEES –OUTSOURCE –CUSTOMER’S DATA –SPONSOR LETTERS FOR VISAS

Some helpful websites - Bureau of Industry & Security (BIS), U.S. Dept of Commerce -BIS EAR, press releases BIS web site “RESOURCE LINKS” takes you to other federal agency web sites - U.S. Census Bureau - Schedule B Nos. – Office of Foreign Assets Control (OFAC)- summary sheets on embargoed (and other) countries - U.S. Customs and Border Protection - Automated Export System (AES)

EFFECTIVE COMPLIANCE PROGRAMS EXECUTIVE COMMITMENT Corporate Governance – establish a “code of conduct” Compliance Focal Point Location/Authority/Skill Sets/Budget/Recognition Compliance Team Engagement – High Morale Global Compliance All Divisions Subs/Branches/JV Unaffiliated Compliance Assessments (not audits) Include acquisitions Education – Corporate Awareness U.S. and Overseas Affiliates

HOW TO ACHIEVE ! KEY COMPANY ISSUES RESOURCE COMMITMENT Classification of products/technology Technology Transfer Monitoring Company Export Compliance Manual (formal) Company Personnel Awareness (training/education) Integration of Compliance with acquisitions Subsidiary Compliance Pro-act with governing licensing agencies Automation of the Compliance Program

Company Compliance “Today” Corporate Education (company awareness-global) Corporate Training (operational personnel) Roll out Formal Compliance Program Form Compliance Committee Automate Compliance Checks Wherever Possible