Previous Articles by Tracy A. SmithEPCI, You, Me, and WMD
9/21/2009 - by Tracy A. Smith As the exporter, the burden is on you to properly screen all export transactions to ensure the intended export will not be used by an end-user or for an end-use prohibited by Part 744 of the Export Administration Regulations (EAR). The regulation requires a license to export any item subject to the EAR if you have “knowledge” the item you plan to export will be used in a manner that is prohibited by the end-user and end-use controls. Keep in mind, knowledge as defined by the EAR includes variants such as “know,” “reason to know,” or “reason to believe,” and it is your responsibility to “know your customer.”
Selling Trade Compliance
5/4/2009 - by Tracy A. Smith During tough economic times when margins are slim or non-existent, companies take a hard look at costs and, in doing so, often take aggressive cost-cutting measures. Unfortunately those areas of the organization that are not generating revenue and are perceived as non-critical are the ones that are significantly scaled back or eliminated altogether. You know that trade compliance is not only essential, it is a strategic advantage for the organization. Does your executive team understand that? It is time to sell the executive team on compliance.
Anti-boycott Compliance: It’s all About the Details
2/23/2009 - by Tracy A. Smith Anti-boycott regulations prohibit U.S. persons from complying with boycotts that are not sanctioned by the United States and that contradict U.S. policy. The premise seems simple enough, however, in actuality deciphering the prohibitions from the exceptions and non-reportable requests can be a complicated task that requires a great deal of attention to detail to ensure compliance.
The 10 General Prohibitions the EAR Gave to Me
12/15/2008 - by Tracy A. Smith In the sprit of the season, here are the 10 General Prohibitions to be sung in the same vein as the "12 Days of Christmas."
“I Don’t Know. Our Freight Forwarder Does That for Us…”
9/8/2008 - by Tracy A. Smith Freight forwarders play an important role in managing the movement of freight worldwide. One may think that a freight forwarder that does everything for an importer and/or exporter is providing you with really great service. In reality, however, the freight forwarder that does everything is really doing you a disservice and, in some cases, may be opening you up to increased compliance risks and exposure to fines and penalties.
ON TIME Act of 2007: A New Tax on Imports and Exports?
2/11/2008 - by Tracy A. Smith On January 23, 2008, Bill H.R. 5102, “Our Nation's Trade, Infrastructure, Mobility, and Efficiency Act of 2007” or the “ON TIME Act of 2007,” was introduced to the U.S. House of Representatives. Although this bill has just been introduced and has a way to go before being passed into law, if passed in its current form it may be the subject of conjecture and litigation.
Challenges with Controlling Exports of Technology
1/21/2008 - by Tracy A. Smith In this global economy and the age of outsourcing, it is more important than ever for compliance organizations to be vigilant in ensuring exports of controlled technology do not occur without the appropriate authorizations. Does your organization understand that "technology" doesn't mean finished goods?
Holy IEEPA, Batman! Export Penalties Increase to $250,000 or More
11/12/2007 - by Tracy A. Smith Besides being something you might scream while bungee jumping from a 1,000-foot high bridge, IEEPA is the acronym for the International Emergency Economic Powers Act. On October 16, 2007, the IEEPA Enhancement Act increased the penalties for export violations under IEEPA to $250,000 or twice the value of the export transaction, whichever is greater. I can’t think of a better time than now to ensure that your compliance side of the house is in order and up to date with necessary resources.
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