A Practical Guide To Export Screening: What U.S. Companies Must Know
Martin K. Behr is a customs and international trade lawyer admitted to practice in New Jersey, New York, and Pennsylvania, and before the U.S. District Court for the District of New Jersey and the U.S. Court of International Trade. Martin received a Bachelor of Arts degree from Rutgers University, a Master of Public Administration degree from Fairleigh Dickinson University, and a law degree from Rutgers School of Law - Newark. He is also a licensed U.S. Customs Broker, one who worked in the industry for several years.
Martin is a former U.S. Customs officer, who was stationed at land, air, and seaports of entry. While with U.S. Customs at the Port of New York/Newark, he was a member of the agency's export control branch. Martin is also a former special agent with the U.S. Department of Defense, an assistant prosecutor with the Office of the Hudson County (NJ) Prosecutor, and executive with a global FMC-licensed Ocean Transportation Intermediary. An instructor with City University of New York's Baruch College, Martin teaches international trade courses (import, export, logistics, business, and law). In addition to his legal practice, Law Office of Martin K. Behr (www.behrlaw.com), he is of counsel to GRVR Attorneys LLC, a customs and international trade law group headquartered in Dallas, TX.
Every company’s first line of defense is to develop proper screening procedures. This is one of the most critical steps for export compliance, and it’s also one of the most overlooked, especially for small business exporters. Unfortunately, it is not unusual to find that exporting companies are not even aware they need to be screening, or that they have insufficient screening operations.
The webinar provides attendees with an understanding of how and why export screening is critical for their companies. Screening can be one of the biggest challenges for a business because there are no regulatory guidelines. Each individual company will also require different levels of screening, depending on the size of their exports, where they are exporting, what their products are, and how their products will be used. It is important for companies to conduct risk analysis and determine what works best for them while minimizing the disruption of business.
Exporters must determine the lists they need to screen against. At a minimum, they need to be screening against all 11 lists maintained by the U.S. government that restrict exports, re-exports, and transfer of items. The webinar also identifies and addresses other crucial areas of export screening concerns.
- Export laws and regulations
- Export Enforcement: U.S. Government departments and agencies
- “Bad Guy’ Lists
- Restricted Parties
- End-Use or Users
- Red Flags
- Illegal Diversion
- Developing export screening procedures
- Assessing risks
- Training employees and business partners on regulatory compliance
Course Level - Basic or Intermediate
Who Should Attend
Importers, exporters, business owners, employees, export compliance personnel, vendors, suppliers, accountants, lawyers, and anyone involved in importing goods into the United States or exporting goods from the United States abroad.
Why Should You Attend
Unfortunately for many small and medium-sized businesses, company personnel may not know much about U.S. export requirements until it is too late. Sadly, they do not understand how the proper screening of products, people, and places protects profits and precludes penalties.
According to the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), fines for export violations can reach up to $1 million per violation in criminal cases, while administrative cases can result in a penalty amounting to the greater of $250,000 or twice the value of the transaction. In addition, criminal violators may be sentenced to prison for up to 20 years, and administrative penalties may include denial of export privileges. Penalties of this size and nature can be especially devastating to small and medium-sized businesses, which represent 95% of the 300,000 U.S. companies that export, according to U.S. Census Bureau statistics.
Small and medium-sized businesses may think they lack the time or money to train personnel in export regulations and the necessity of compliance screening. Even if they do have the necessary experience and training, export personnel may not have the support of senior management, who are often totally unaware of U.S. export regulations. You should attend so that you know how to screen so that your products do not go to the wrong countries and destinations or to the wrong people. Learn how to avoid painful and expensive problems. You will also learn that it is easy and inexpensive to do so.
Businesses that are already exporting or are planning to start exporting need to follow some basic steps to ensure they are compliant with U.S. export regulations and to make certain that they have the “right” customers.