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What Is Trade Compliance?

David Noah | April 21, 2021 | Export Compliance, Import Basics, Export Basics

What does “trade compliance” mean? To understand, we first need to look at importing and exporting as a whole. In the United States, trade compliance hinges on the fact that we need to protect the physical safety of our country and citizens, as well as our economic security.

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6 Areas of Your Company That Need Export Training

David Noah | March 31, 2021 | Export Compliance, Export Basics

At first glance, becoming an exporter seems easy enough. Research and development needs to know how to create new products. Sales and marketing need to know how to market and sell them. And the export department needs to know how to export them.

If only it were that easy.

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Export Compliance: Understanding Restricted Party Screening

Arnesh Roy | March 29, 2021 | Export Compliance

All exporters—regardless of size—must comply with U.S. export regulations.

Export compliance entails that you are following the rules and regulations established by the U.S. government. Among those rules is a restriction on doing business with entities the government deems a danger to U.S. interests.

Failure to comply is a violation of U.S. law and may result in civil or criminal prosecution, as well as denial of exporting privileges.

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OFAC Compliance Best Practices

David Noah | March 24, 2021 | Export Compliance

For exporters, OFAC compliance is non-negotiable: If you’re shipping to one of the people or companies identified by OFAC, you must be aware of the associated sanctions for every single shipment.

Unfortunately, this isn’t as simple as checking one list one time. OFAC lists may change at any time based on current events or changes in the political landscape.

And there isn’t just one single list that needs to be checked. The Federal Register compiles at least 125 relevant lists every day, and it’s up to you to keep up with them. Fortunately, there are best practices that can help you stay compliant with regulations. Read about them below.

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Ensuring Export Compliance in Activity-Based Working Spaces, Home Offices

Matthew Silverman | March 3, 2021 | Export Compliance

Many companies are transitioning to or have already adopted activity-based working (ABW) environments, which allow employees to choose from a variety of work settings depending on the nature of their roles or daily activities. ABW environments are often designed with an eye toward open and communal collaboration; this comes with export compliance risks related to U.S.-controlled technology and information.

ABW has been the norm for many years in the tech industry, but it's growing in popularity outside of Silicon Valley as more companies adopt this office structure and work mentality. Of course the recent work-from-home trend caused by COVID-19 has slowed or halted ABW progress, but when employees begin coming back to work later this year or next, the ABW environment (or some version thereof) may be the new normal for some.

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No Bull: Export Compliance Means Watching for Red Flags

David Noah | March 1, 2021 | Export Compliance

If your idea of a red flag revolves around a conquistador and a bull, I hate to tell you this—the myth that bulls charge at red flags has been debunked. (In the popular series Mythbusters, it was proven that the bull is actually lured by the waving of the flag more than the color.)

So, if bullfighters don’t need to worry about red flags, who does?

You do.

Exporters, you must know what a red flag is, why it’s important and what U.S. export regulations say your responsibilities are regarding red flags. We can help.

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When Can You Throw Away Your Export Documents?

David Noah | February 24, 2021 | Export Compliance, Export Forms

Ever get in one of those moods where you’re ready to toss every single page from every single stack of paper sitting in a filing cabinet or bookshelf? Me too. But if you’re an exporter, you shouldn’t be too quick to throw away your export documentation.

Although it may seem like a headache to keep all your paperwork, there are quite a few rules regarding export document retention. If you do toss your export paperwork without paying attention to those rules, you could be in for an even bigger headache.

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A Beginner’s Guide to Export License Exceptions

Arnesh Roy | February 22, 2021 | Export Compliance

In my previous blog post, I described how to determine if you need an export license by identifying the reasons for control and checking the Commerce Country Chart. In this article I will describe how to determine if there are any export license exceptions available and how to use these exceptions.

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How Changes to the EAR  Regarding Hong Kong Impact AES Filings

David Noah | February 17, 2021 | Automated Export System (AES), Export Compliance

In late December 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule removing Hong Kong as a separate destination under the Export Administration Regulations (EAR).

While once recognized as an independent export entity, changes to the way the Chinese central government treats Hong Kong have led the U.S. to reclassify Hong Kong for BIS purposes, and it now considers Hong Kong the same as the rest of China. Effective Dec. 23, 2020, this rule increases the likelihood that exports to Hong Kong require an Automated Export System (AES) filing.

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What HR Needs to Know About Export Compliance and Deemed Exports

Matthew Silverman | January 11, 2021 | Export Compliance

For most human resources professionals, international trade and export compliance are not topics they expected to encounter during their day-to-day jobs. However, at many companies, the partnership between export compliance and HR is crucial. The following summarizes key intersections and how HR may serve a valuable and necessary role in ensuring export compliance company-wide.

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