Export Due Diligence: What Every U.S. Exporter Must Know?
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Speaker : MARTIN KEN BEHR
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When : Thursday, May 30, 2024
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Time : 01 : 00 PM EST
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Martin 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 - Newark, Phi Beta Kappa, with high honors; a Master of Public Administration degree from Fairleigh Dickinson University; and a law degree from Rutgers School of Law - Newark. Martin is a distinguished graduate of both the U.S. Law Enforcement Training Center and the U.S. Customs Service Academy. He is also a licensed U.S. Customs Broker (No. 20643), one who worked in the industry for several years.
Martin is a former U.S. Customs officer (senior inspector and import specialist), who was stationed at land (Champlain-Rouses Point, NY), air (JFK International Airport and Newark Liberty) and sea (Newark and NY) ports of entry. While with U.S. Customs at the Port of New York/Newark, he was also 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 Hudson County (NJ) Prosecutor, and an executive with a global FMC-licensed Ocean Transportation Intermediary. Martin was also a trade consultant with Unz & Co.
Martin is an instructor at New Jersey Cirt University and Rutgers University – Newark, where he teaches import, export, and other international trade courses.. Martin has also taught international trade courses at Fashion Institute of Technology and Pace University in New York City. Martin is also off counsel to GRVR Attorneys, LLC (Dallas, Texas), which specializes in customs and international trade matters.
Provisions in the Export Administration Regulations (EAR) require that exporters know their exports, destinations, end-users, and end uses. Exporters must submit an individual validated license application if the exporter "knows" that an export that is otherwise exempt from the validated licensing requirements is for end-uses involving nuclear, chemical, and biological weapons or related missile delivery systems, in named destinations listed in the EAR. And for those exporters whose products or services are subject to the International Traffic in Arms Regulations (ITAR), there is a great need to conduct meaningful due diligence, For munitions export control violations, the statute authorizes a maximum criminal penalty of $1 million per violation and, for an individual person, up to 10 years imprisonment in addition, munitions violations can result in the imposition of a maximum civil fine of $500,000 per violation of the ITAR, as well as debarment from exporting defense articles or services. For dual-use export control violations, criminal penalties can reach a maximum of $500,000 per violation and, for an individual person, up to 10 years imprisonment. Dual-use violations can also be subject to civil fines of up to $12,000 per violation, as well as denial of export privileges. It should be noted that in many enforcement cases, both criminal and civil penalties are imposed.
By attending the presentation, you will learn how to conduct meaningful due diligence to avoid becoming an export violator.
Areas Covered
- General provisions
- Enforcing agencies
- Criminal, civil, and administrative penalties
- How to conduct due diligence?
- “Red Flags”
- Free resources of information and assistance
Course Level - Basic/Fundamental
Who Should Attend
CEOs, CFOs, Human Resource directors, import company directors and managers, export company directors and managers, and business owners.
Why Should You Attend
- There has been a substantial increase in the number of new cases involving export violations
- There has been a substantial increase in the number of fines and penalties for violators of export laws and regulations
- There is an increased focus on prosecuting exporters
- Parent companies can be held liable even if they have no knowledge of the actions of their subsidiaries
- Companies can be held liable for actions of third parties acting on their behalf (e.g., freight forwarders, distributors, resellers, agents, etc.)
- Find out how not to run afoul of the export control system, enhance profitability, and safeguard your reputation
Topic Background
U.S. exporters must use due diligence with respect to their export transactions, The United States Government restricts exports of certain sensitive equipment, software, and technology to promote national security interests and foreign policy objectives.
Through the export control system, the U.S. government can effectively:
- Provide for national security by limiting access to the most sensitive US technology and weapons
- Promote regional stability
- Take into account human rights considerations
- Prevent proliferation of weapons and technologies, including weapons of mass destruction, to problem end-users and supporters of international terrorism
- Comply with international commitments
U.S. exporters must know how to determine if their goods require export licenses, Quite often, exporters run afoul of the U.S. export control system because they fail to realize that because of the nature of their exports, the places to which they are sending their exports, or the person to whom they are sending their items, they are going to be in violation of the law and subject to heavy fines and penalties.
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$160.00
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