David Noah
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July 28, 2021
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Export Compliance,
Export Basics
From time to time, I hear new or inexperienced exporters ask what trade compliance certifications they should get. My answer? There is no one, single certification out there for export compliance that is necessary—or in my opinion, recommended!
Matthew Silverman
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July 7, 2021
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Export Compliance
In addition to controlling tangible shipments of U.S. products and software from one country to another, U.S. export regulations also control the transfer of U.S.-controlled technology to non-U.S. persons. This type of transfer or “release” is called a deemed export. A deemed export can occur via a number of channels, including verbal exchanges or visual inspections. Therefore, companies must be discreet and secure with regard to export-controlled documents, products and technology that could be viewed or discussed during on-site meetings or site tours—hence the importance of visitor management in the field of export compliance.
David Noah
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June 9, 2021
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Export Compliance,
Export Basics
Exporting software is an area of increasing inquiry and concern. A growing number of companies doing business online or adding “Internet of Things” functionality to their products are using software that is subject to U.S. export control and sanctions laws—whether or not they acknowledge it.
Often, companies fall into a pattern of developing and exporting their own software without thoroughly (or intentionally) thinking through how they’re doing it, which puts them at risk for compliance issues.
David Noah
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April 21, 2021
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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.
David Noah
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March 31, 2021
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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.
Arnesh Roy
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March 29, 2021
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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.
David Noah
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March 24, 2021
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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.
Matthew Silverman
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March 3, 2021
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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.
David Noah
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March 1, 2021
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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.
David Noah
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February 24, 2021
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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.