International Trade Blog

Before you can decide whether or not your product requires an export license, you need to understand what constitutes an export. According to U.S. export regulations, an export is any item sent from the United States to a foreign destination, organization or individual.

Here are some examples of when an item is being exported:

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If you have multiple people responsible for various aspects of your company's exports, it's important that everyone is on the same page when it comes to export compliance, procedures and documentation. Unfortunately, I talk with too many people who admit that their company lacks a formal set of export procedures.

Without a formal set of procedures—what many companies call an Export Management and Compliance Program—your company is at an increased risk of shipping delays, problems getting paid, and significant financial penalties for export compliance violations.

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You wouldn’t appropriate money from your company for your own use and benefit.

You wouldn’t send documentation with a forged signature.

You wouldn’t commit fraud in filing or paying your business taxes.

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The certificate of origin is a document issued by an exporter that confirms and certifies the country of origin of its products.

The certificate of origin may be a statement added to the commercial invoice that supports the listing of the country of origin by line item. Alternatively, it might be a separate letter or form that incorporates a statement indicating the country of origin is as stated on the commercial invoice, certifies the document is true and correct, and then signed by the exporter’s employee.

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When it comes to export compliance, there is no room for being “sort of compliant.” In the eyes of the law, you are either compliant—and doing everything in your power to follow the regulations issued by the various agencies that govern global trade compliance efforts—or you’re not.

Take checking denied party lists, for example. The U.S. government, as well as several other governments and organizations (like the United Nations and the European Union) publish lists of denied and restricted parties to whom you can't export without a license.

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You just bought a car from a U.S. dealership and want to sell it to a foreign buyer in Canada. You’re vaguely aware of a rule stating that exporting used vehicles out of the U.S. requires specific documentation. But this is just something you’re putting up on Craig’s List. And you just bought the car, so of course it’s not used—right?

This is where things get tricky. When it comes to U.S. export regulations, what is considered a used vehicle is broader than you might expect.

According to Customs and Border Protection (CBP), a used vehicle is defined as “any self-propelled vehicle the equitable or legal title to which has been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser.”

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Recently, I had a conversation with a client who uses our Restricted Party Screening Wizard software. She was confused when the Wizard came up with a match score of 83%.

Her biggest concern: “This name doesn’t look like the name I entered. What is this software matching on—company name, partial name, or just some letters? Or are the matches based on addresses?”

She’s one of many exporters who wonder how Shipping Solutions restricted party screening program works.

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First impressions are important. The manner in which you receive visitors at your company can create positive images of a quality organization and a favorable attitude about doing business with you. It can also directly impact whether or not your company is compliant with export regulations.

Does your company have a written policy for receiving visitors? If you're an exporter, your policy needs to incorporate practices that cover compliance issues pertinent to U.S. government export regulations. The transfer of commodities, software or technologies to foreign persons is subject to U.S. export control laws and regulations whether the transfer occurs inside or outside the U.S.

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When I talk with exporters, I'm amazed at how many people are using outdated versions of export forms or are unaware of changes to regulations that directly impact their international shipments.

Too many companies rely on the same templates and rules that they were using 10 years ago. It's a recipe for disaster.

Fortunately, there's a better way.

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Too often exporters receive a letter of credit and then become frustrated with the terms the issuing bank has provided.

They ask, “Why would a bank issue a letter of credit with terms and conditions like this?” The issuing bank does not arbitrarily set the terms.

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