Export Compliance

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Export Compliance

Companies face ever-increasing obligations on their exports including knowing to whom they are shipping, how their exported product is going to be used, licensing requirements and possible effects of sanctions. In today’s continuously evolving global marketplace, having a robust export compliance program is a necessity.

Engaging our firm for your export compliance needs will give you the advantage in this competitive business environment. A cursory understanding of export compliance such as the applicability of the International Traffic in Arms Regulations (“ITAR”), U.S. Foreign Trade Regulations (“FTR”), Export Administration Regulations (“EAR”), embargos and trade sanctions administered by the Office of Foreign Assets Control (“OFAC”) is no longer sufficient.

Export Classification Projects

No matter the size of your product catalog, we can ensure your Schedule B classifications and Export Control Classification Numbers (“ECCN”) are not only accurate, but we will also provide you with the rationale and verification for an audit trail in the event you are challenged. We will review and assign accurate and verifiable Schedule B and ECCN classifications and create and maintain a database of all reviewed products for your ongoing use. This information is also critical for proper filing of export documents most notably the Electronic Export Information (“EEI”).

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Preferential Trade Agreements and Special Program Utilization

Preferential trade agreements and special programs, such as USMCA and GSP, provide reduced or free rates of duty for your customers or related facilities in their countries of import on eligible products. The qualification requirements for preferential trade agreements and special programs are complex. Creation of inaccurate special program or preferential trade documentation by the exporter, on ineligible products, may subject your customer to penalties and/or fines and you with a breach of contract action.

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Customized Audits of Export Processes

Our highly skilled legal and customs professionals will perform a detailed audit of your company's export processes to assess its compliance with export laws and regulations. We will recommend modifications to reduce your risk and establish compliant export practices that meet your legal obligations with all U.S. government agencies, such as Department of State and Department of Commerce or similar agencies in other countries across the world. Our audits include a detailed review of all aspects of the export process, from the moment the purchase order is created through final shipment and payment. Further, our experienced professionals

can assist in the set-up of your Automated Commercial Environment (“ACE”) portal account and can manage this account as your ACE administrator. ACE is a critical electronic tool, offered by U.S. Customs and Border Protection (“CBP”) to track your imports and exports and should be used by every company engaged in trade in the United States.

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Creation of Policies and Procedures

The creation and implementation of comprehensive written policies and procedures is the cornerstone of any successful export compliance program. We will assess your current export practices and existing policies and procedures to identify deficiencies and opportunities for improvement. We will work with you to create policies and procedures that are both customized to your business and easy to follow to ensure your full and ongoing compliance with export laws and regulations.

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Commodity Jurisdiction and Commodity Classification Requests

A Commodity Jurisdiction (“CJ”) request is used to determine whether an item or service is subject to the export licensing authority of either the Department of Commerce, or, the Department of State. A CJ determination will only identify the proper licensing authority for an item and is not a license or approval to export.

A Commodity Classification Automated Tracking System (“CCATS”) request is used to confirm the Export Control Classification Number (“ECCN”) of a product. Let our professional team assist you with the preparation and filing of any CJ and/or CCATS request(s) to ensure your full compliance with all export laws and regulations.

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Representation in Export Enforcement Actions and Investigations

The enforcement of export control laws and regulations are complicated for exporters worldwide. Export violations may result in civil and criminal penalties with severe monetary implications, loss of export privileges and possible incarceration. Our experienced legal team will not only provide a vigorous defense of current export violation actions, we will also work with you to identify and correct undiscovered export compliance issues within your organization.

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Restricted Party Screening

Restricted party screening, the process by which a company checks the various lists of designated entities to assure that no party to their transactions are found on those lists, is a core component of export compliance as companies are generally prohibited from engaging in transactions with restricted parties. Knowing whether the individuals and businesses involved in your transactions (e.g., customers, freight forwarders, carriers, end users) are designated by the U.S. government as well as many foreign governments, the European Union and international organizations such as the United Nations, as a restricted party, is an absolute necessity. Significant monetary penalties and other sanctions, including possible loss of export privileges, can be imposed on violators.

Our professional team will provide the guidance and comprehensive review required to ensure you are properly identifying and screening individuals and businesses against the various restricted party lists. We also provide mass screening services of the parties to your transactions and other datasets such as customers, banks, logistics companies as well as advice on how to deal with “positive hits” from those screenings as false positives are common.

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We Offer:

  • Customized service to fit every aspect of your export needs
  • Full support with determining export classifications and if export licenses are required
  • Creation, improvement and/or management of a comprehensive export compliance program

Let’s Work Together

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The true test of an export compliance partner is their ability to put a program in place that streamlines and manages your export processes while protecting you and your export business. Once implemented, such processes will give you peace of mind while avoiding any repercussions that could result from unnecessary fines, penalties and shipment seizures. Find out how we can help by getting in touch with us today.

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Harmonized Tariff Schedule Classification Projects

A product’s Harmonized Tariff Schedule (“HTS”) classification determines the number of duties, taxes, fees, other applicable import, and export requirements, and is an integral part of necessary landed cost calculations. We offer country-specific HTS classification analysis to help assure that you are complying with the law, paying the correct amounts on your imported and exported products, and having the best possible information for your sourcing and pricing decisions.

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Preferential Trade Agreement Services and Supplier Solicitation

As preferential trade agreements like the USMCA and special programs like the Generalized System of Preferences become increasingly complex, companies are facing a growing sense of confusion and uncertainty. We provide comprehensive, turn-key solutions including full supplier solicitation, product qualification analysis, support document review and correction as well as certificate creation.

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Customs Broker and Freight Forwarder Management

As part of a global supply chain, a company must have effective processes in place to manage the activities and costs of the service providers, such as 3PLs, carriers, customs brokers and freight forwarders involved in the movement and Customs clearance of their products.

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International Trade Legal Services

When faced with governmental inquiries related to international trade anywhere in the world, be it a penalty from U.S. Customs and Border Protection, an audit by SAT in Mexico, a request from Canada Border Services regarding the Special Import Measures Act or understanding the new EU-Mexico Trade Agreement, it’s critical to have a knowledgeable law firm that understands how to respond and has the experience to identify and address not only the questions that were asked but those that were not.

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Import Compliance

A successful import compliance program focusing on classification, marking, valuation, country of origin determination and document review, assures adherence to customs-related regulatory requirements and payment of the proper amounts for governmental fees and service provider charges, while also minimizing the risk of exposure to fines or penalties.

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