2. MA. EXPORT CENTER COMPLIANCE EXPORT EXPO Presented by : Paul Divecchio –DiVecchio & Associates Phone: (617) 513-3230, Fax: (508) 393-3645 Email: pauldivec@earthlink.net

3. WHATZ HAPPENEN Criminalization of corporate wrongdoing Dramatically increased Penalties $$$$$$$ Higher scrutiny on corporate ethics “Corporate Governance” Accountability for Executives (Decision Makers) Evolving enforcement initiatives & tools Global Compliance a MUST REFORM????????

4. CURRENT CLIMATE - REFORM MANY REGULATORY CHANGES (You have to Keep Up With Them) “EXPORT CONTROL REFORM” * Singular licensing Agency * Singular Control List * Singular Enforcement Agency * Singular IT Data Base Targeted Enforcement (Collaborative Effort) – “Fusion Center” Ambiguous Regulations/Convoluted Status – The “beast” publish 1 st qtr 2013 (includes definition “specially designed”) - Classification/licensing – “problematic” - Census – Changes to REGS “still coming”??????

5. CHANGING ENVIRONMENT Laws & Regulations constantly shifting - Foreign policy (“as the world turns”) Global Trends - Nonproliferation (“the know standard”) – U.S. “EPCI” – Regime “catch all” - Anticorruption Laws (FCPA) - Greater Regime participation – Mexico/Singapore/Malaysia/Taiwan - Transhipment “Best Practices” - Compliance and Enforcement issues of U.S. Corp’s foreign affiliates Enforcement Initiatives - Spot audits –AES data/license data/PLC & PSV/safeguard trips/web New Investigatory Tools - Global harmonization of resources - Intelligence sharing - Automation of export reporting (enforcement targeting) - Tenfold increase in Penalties HIGHER SCRUTINY = NEW COMPLIANCE CULTURE

6. International Trade Compliance Is: A Company Insurance Policy to Minimize Risk Exposure. 2

7. ACCOUNTABILITY Knowledge includes not only actual knowledge of an event, but also an awareness of “high probability”* of its occurrence. Not this! So … use all available information. Seek more information if you have suspicions. *The US government would like to revise its regulations to say that you have “knowledge” of an event if a reasonable exporter would consider the event “more likely than not”. THIS WAS WITHDRAWN BY BIS

8. COMPLIANCE POSITION Right Person – Right Place !SKILL SETS ARE CRITICAL  PERSONALITY-INITIATIVE-LOGIC-COMMUNICATION-CAN HANDLE STRESS !SUPPORTIVE ORGANIZATION ! INHERANT AUTHORITY-OBJECTIVITY-VISIBILITY

9. Compliance Objectives Increase Export Compliance Awareness Enhance Levels of Knowledge Promote Coordination/Cooperation Review Procedures Identify Needs and Resources Establish Company-wide Compliance Stimulate and help:

10. Trade Compliance Program Connecting People and Processes Globally Automation – Trade Tools Maintaining a Robust Compliance Program is Critical! Compliance is a Living Process NOT a Project

11. 2. Compliance Planning 4. Measurement, Evaluation & Corrective Action 3. Implementation & Operation 5. Management Review & Certification 1. Compliance risk assessment & prioritisation 5-Step Implementation Process* *Integrated into existing risk management processes

12. PROCESS ASSESSMENT Learn how the business actually runs: gather information from every part of the business that presents a compliance risks –Learn the trade lanes –Learn the information lanes –Find where the business will be in five years Assess the information Evaluate your processes and procedures and write a report describing the gaps Practice Note: One size does not fit all. You cannot write clear, practical steps for each business operation until you know, what they do, and how they do it

13. 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”