Export Import Control

  

Global USA® has had the pleasure of a long history of working with a variety of companies on services related to export and import compliance. In addition, several of our personnel have expert knowledge and practical industry/government experience related to export/import trade compliance. This experience includes working over 35 years on matters related to US export control policy and regulations in both the private sector and in government service within such organizations as the Department of Commerce (DoC) Export Administration (currently known as Bureau of Industry and Security (BIS)), the Directorate of Defense Trade Controls (DDTC), the Defense Trade Security Administration (DTSA) and the White House.

Global USA® has substantial experience assisting US and foreign-based companies with business activities in the markets of places such as India, Israel, Japan, China and the European Union (EU) and have consulted to foreign governments (Japan, Singapore, Hong Kong, Ukraine, Poland and Austria) on matters related to export control. Our experience and related export/import regulatory services provide “best practices” and balanced solutions that allow companies to conduct international business without undue restrictive practices.

Through a process of thorough on-site interviews with relevant personnel that have direct or indirect export compliance responsibilities; analyzing the physical and computer security; and reviewing existing export/import compliance-related procedures (including commodity classifications under US export and import regulations) and documents Global USA® can assess possible weaknesses in compliance efforts and make recommendations to develop “best practices” export compliance programs (ECP) and Customs compliance programs taking into account a client’s corporate “culture”.

Consulting services have included audits (several of which were submitted to either the DoC or the Department of State (DoS) as required by certain enforcement agreements), export compliance programs (ECP) /Technology Control Program (TCP) reviews, ECP/TCP development and implementation, licensing, commodity classification, training, representation before the US government, due diligence, internal investigations of alleged violations, etc.  These consulting activities and services have been provided in the context of all the relevant US export government regimes, including the International Traffic In Arms Regulations (ITAR), the Export Administration Regulations (EAR), the Office of Foreign Assets Control (OFAC) administered regulations, the Anti-Boycott Regulations (ABR), and the Department of Energy’s (DoE) regulations governing the export of nuclear reactor core products and technologies. Global has provided export compliance consulting services to US companies in both a Classified and Unclassified environment. In addition, several clients have been US companies controlled by a foreign parent company which necessitated structuring and developing by Global of a Special Security Arrangement (SSA) for the US company to conduct business in a national security Classified environment.

Further, we have also provided consulting services (classification, audits and compliance programs) to clients under the Harmonized Tariff Schedule of the US (HTSUS) as well as within the export/import regulations of several foreign countries including Japan, China, South Korea, Hong Kong, the EU, and others. Global USA® also has experience in developing and implementing procedures to attain and maintain Customs-Trade Partnership Against Terrorism (C-TPAT) status granted by the US Customs and Border Patrol (CBP).

This focus on export compliance resulted and continues largely due to the experience of both senior and other staff, including Dr. Bo Denysyk (please see attached CV), who served as head of the DoC’s export administration organization during the first Reagan term as well as the head of what is now DDTC at the State Department and served on the White House National Security Council (NSC).  Further, Dr. Denysyk also served as a senior executive at IBM and is sensitive to structuring realistic ECPs/TCPs that are minimally disruptive.

In addition, Dr. Denysyk holds a Ph.D. in physics and is familiar with aviation/aerospace, computer science, electronics and related technologies, which generally allow a more focused service on technical issues. Further, he is familiar with computer/physical security, automated export management systems, and “best practices” for corporations in IT cyber security and these “best practices” are incorporated in all compliance programs developed by Global USA®. Other Global staff, such as the General Counsel and the Director of Trade Research have also provided on-site and analytical support for ECPs/TCPs and audits.  Global USA® also maintains a robust network of part-time consultants who have extensive ITAR and EAR experience both within the US government and the private sector such as Will Lowell, who was the Director of DDTC.

Perhaps equally important, Global has closely followed and participated in the political, legal, and regulatory events surrounding export control/import regulations policies, regulations, bilateral/multi-lateral negotiations and other matters affecting export controls as well as certain import regulations, matters for 30 years.  This experience allows for services to clients that are practical, efficient, and consistent with US policies/regulations, as well as with policies/initiatives of multinational organization such as the Wassenaar Arrangement (Wassenaar), the Missile Technology Control Regime (MTCR), the Australia Group, the International Atomic Energy Agency (IAEA), the Arms Export Control Act (AECA), etc.

Global USA® also has expertise related to import regulations and compliance including conducting CBP self-assessment audits; HTSUS classifications; establishing import value; duty draw backs; rules-of-origin; C-TPAT; and special regulations related to trade agreements, such as the North American Free Trade Agreement (NAFTA).  Additional information related to import consulting services can be provided, as necessary.

In addition to US export regulations, compliance and enforcement, Global is familiar with and experienced in other countries regulations (both EAR and ITAR equivalent) in Japan, Singapore, Hong Kong, the Peoples Republic of China, Taiwan, South Korea, the EU (and selected member states within the EU), and India.  In fact, Global has provided export control and enforcement related services to the governments of Japan, Singapore, South Korea, Germany and Ukraine.

More specifically, we offer the following export/import control related services:

  • Development of export and import compliance programs, including related to EAR, ITAR, OFAC, CBP (supply chain security, classification, and tariffs/duties) compliant with the US, Japan, China, EU and other countries’ regulations.
  • Reviews and/or audits of ECPs/TCPs (we have conducted over 50 audits/reviews of ECPs/TCPs).
  • Executive and working level training related to export compliance, threat assessment in specific countries, domestic and international policy trends, regulatory trends (we have trained over 10,000 individuals).
  • Selected working level training related to compliance procedures.
  • Internal corporate investigations (generally in conjunction with law firms and/or security/investigation companies) into possible export/import violations and/or economic espionage.
  • EAR/ITAR/OFAC/DoE licensing procedures
  • .Commodity classifications under EAR/ITAR and the HTSUS.
  • Analyzing, in detail, initiatives and outcomes related to Wassenaar, MTCR, Australia Group, the IAEA, International Customs Union, Organisation for Economic Co-operation and Development (OECD), United Nations Embargoes, the International Munitions List and other similar regulatory/policy international organizations.
  • Organizing and implementing strategies to affect regulatory/policy (directly and/or through coalitions) changes at the Departments of Defense, Commerce, State, the White House, and Congress.
  • Authorization Validated End User (VEU) applications and implementation of compliance programs for VEU designees.
  • Developing and implementing SSAs.
  • Detailed ITAR procedures/processes including drafting licensing documents including DSP-5s; Technology Assistance Agreements (TAAs), Manufacturing License Agreements (MLA)s, DSP-73s, etc.  Also, ensuring that all proper DDTC procedures are followed for M&A’s, registration, changes of management, treatment of Foreign Nationals, physical security, commissions to consultants, political contributions, Commodity Jurisdictions, etc.
  • Detailed EAR procedures including Individual Validated License application, Technical Data licensing, the VEU program, “deemed exports”, Commodity Classification, and reporting required by BIS, etc.

Performing all necessary ITAR and EAR corporate export regulatory functions on an “outsourcing” basis.

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