The Bureau of Industry and Security (BIS) has recently proposed a new rule regarding the control of military electronic equipment and related items. The rule mandates that the President will no longer determine warrant control under the United States Munitions List (USML), but rather on the Commerce Control List (CCL). This rule is being proposed along with another from the Department of State‘s Directorate of Defense Controls, which would amend the list of articles controlled by USML Category XI.
BIS said its intent is that the new Export Control Classification Numbers “not increase the number of destinations to which a license is required, alter the policy under which license application are reviewed or create any apparent instances of an item that is subject to the EAR being covered by more than one ECCN.”
BIS has issued a deadline of January 28, 2013 for comments to the proposed rule. Click here to view the full notice from the Federal Register. Check out this article for more information.
Posted by Caroline
Categories: Export Compliance
, Export Controls
| Tagged: BIS
, Bureau of Industry and Security
, Commerce Control List
, export compliance
, Export Control Classification Numbers
, export controls
, US Munitions List
This month the Justice Department and Securities and Exchange Commission (SEC) released a guide on maintaining compliance with the Foreign Corrupt Practices Act (FCPA). The FCPA, which makes it illegal for certain individuals to make payments to foreign officials to assist in obtaining or retaining business, has been largely criticized for being vague and overly punitive. This new guide is to serve as a reference for businesses seeking to comply with the law and the prosecutors charged with enforcement.
The FCPA was passed by Congress in 1977 with the goal of prohibiting US businesses from corrupting foreign officials. With a new focus on combatting international corruption, enforcement of the FCPA has recently become a priority. US companies, who are exposed to both civil and criminal penalties for violations, have complained that the statute’s tremendous breadth allows many law enforcement authorities to be overly aggressive and creative in their prosecution methods.
As a result of US companies requesting a clearer structure on compliance and prosecution processes, a 130-page FCPA compliance guide was released. The guide covers topics such as:
- Who and what is covered by the FCPA’s anti-bribery and accounting provisions
- The definition of a ‘foreign official’
- What constitutes proper and improper gifts, travel and entertainment expenses
- Facilitating payments
- The hallmarks of an effective corporate compliance program
- The different types of civil and criminal resolutions available in the FCPA context
With the increase in enforcement, companies need to implement an effective FCPA compliance plan. Businesses must ensure that their plan stays current with changing regulations and is regularly audited. Employees must participate in regular training sessions and learn how to spot potential FCPA violations. With combatting corruption cited as the Justice Department’s highest priority, companies cannot afford to ignore FCPA compliance.
For more information, check out this article.
AlwaysOn named Amber Road amongst its Top 100 Private Companies at its Mid-Atlantic Venture Summit on Tuesday, aiming to identify emerging companies in the region that are making a huge impact on what it calls the “Global Silicon Valley.”
The Top 100 list this year included companies in a multitude of technology industries, and noted that Amber Road, among others, stands out for a surging trend of enterprise and consumer service providers in a region known mainly for its government and security sectors. These venture-based leaders, they concluded, prove that innovation and creativity can come from anywhere as they challenge the legacy institutions and take advantage of an increasingly fast-paced, connected world.
Don’t forget to join Amber Road for the first segment of our deemed export compliance series, taking place tomorrow, October 23, 2012 at 2pm EST. Deemed Export Compliance 101 will cover topics ranging from restricted party screening to export control management… from a university perspective!
Join export compliance officers from NYU and the University of Miami to learn what your institution should be doing to remain compliant, and remember to mark your calendars for the second webinar of the series, Deemed Export Compliance 201, on November 13 at 2pm.
Click here to learn more and register for the first part of the series!
Dealing with export compliance in a university setting can be confusing. Most webinars deal with export compliance rather than deemed export compliance – and, as you know, there’s a big difference!
Join Amber Road on Tuesday, October 23 at 2pm EDT for the first part in our complimentary deemed export compliance webinar series. During Deemed Export Compliance 101, we will cover topics ranging from restricted party screening to export control management…from a university perspective. Export compliance officers from NYU and the University of Miami, and a representative from Amber Road will discuss:
- The importance of screening against federal government debarred lists
- How to use technology to automate the export compliance process
- The potentially devastating results of non-compliance
Speakers will include:
- Bob Roach, Chief Compliance Officer, NYU
- Wendy Epley, Export Compliance Officer, University of Miami
- Anthony Hardenburgh, VP Global Trade Content, Amber Road
Join us to learn what your institution should be doing to remain compliant, and make sure that you mark your calendars for the second webinar of the series, Deemed Export Compliance 201, on November 13 at 2pm. Register today!
On Monday the United States filed a complaint with the World Trade Organization against China for its alleged use of unfair subsidies to boost exports from its auto industry.
China gave over $1 billion to its auto part and motor vehicle sectors from 2009 to 2011, which US authorities say has given those exporters an unfair advantage in foreign markets. The program provides considerable subsidies to auto and auto parts producers located in specific regions, called “export bases.” The US argues that these subsidies violate WTO trade regulations because they severely distort trade, especially for producers in the US that compete directly with Chinese auto companies.
“The Obama administration is committed to protecting the rights of nearly 800,000 American workers in our $350 billion auto and auto parts manufacturing sector,” said Ambassador Ron Kirk. “We insist upon having a level playing field on which our world-class manufacturers can compete.”
The US has recently spearheaded a series of WTO enforcement actions against China, including disputes regarding automobiles, poultry products, steel and “rare earths,” a key component in many high-tech industries. The upcoming elections look to place more pressure on the Obama administration to seem tough on China, against Mitt Romney’s pledges to forge free trade pacts and label China a currency manipulator.
Time is running out to take advantage of Amber Road’s special rate at the beautiful Fairmont Hotel for eVOLVE 2012. Book by Wednesday, September 19 to receive our group rate of $299 a night. Don’t add a commute to your eVOLVE 2012 calendar—book today!
Click here for more information and to register for eVOLVE.
Ongoing export control reform is bringing about some major changes for exporters, particularly because pieces, parts and components from the U.S. Munitions List (USML) will be migrating to the Commerce Control List (CCL).
Join Amber Road on Tuesday, September 25 at 2pm EDT for a complimentary webinar discussing the challenges exporters are facing as a result of the ongoing export reform. During How Will the USML to CCL Migration Impact Exporters?, industry experts will:
- Tell you about the changes that have already occurred, and discuss what changes are still to come
- Provide you with specific examples of products that will be affected
- Explain how trade automation software can be beneficial during times like these
Speakers will include:
- Todd Willis, Director, Munitions Control Division, Bureau of Industry and Security
- John Priecko, President and Managing Partner, Trade Compliance Solutions
- Anthony Hardenburgh, VP Global Trade Content, Amber Road
Join us to learn how your company can stay ahead of the export reform changes. Register today!
Under Secretary of the Bureau of Industry & Security Announced as Keynote Speaker at Amber Road’s User Conference
Amber Road is pleased to announce that Eric Hirschhorn, Under Secretary of the U.S. Commerce Department’s Bureau of Industry and Security (BIS), will be a keynote speaker at our annual user conference, eVOLVE 2012! He will be providing an update on export reform.
Other confirmed speakers include William McNeill (with the Gartner Group), and several Amber Road customers: Abercrombie & Fitch, GE Healthcare, General Mills, Leggett & Platt, Levi Strauss & Co., NetApp, New York University, Quantum Corporation, and Sherwin Williams.
eVOLVE 2012 will be a great opportunity for customers to learn about new product and service initiatives, exchange best practices with other users, and gain tips on how to maximize your GTM investment. Attendees will be able to choose from five different specialty tracks.
Click here for more information or to register. We look forward to seeing you in October!
Don’t forget to register for tomorrow’s webinar, Understanding the Key Elements of Exporting: How to Get Started. Broadcasting live at 2pm EDT, Katrina Rosen of the U.S. Census Bureau and Scott Byrnes of Amber Road will provide insight on what resources are available to help new exporters get started, and how technology can plan a big role in an export program.
Don’t miss out on this webinar! Click here to register.
Posted by Caroline
Categories: Amber Road
, Global Trade Management
, Global Trade Management Software
| Tagged: Amber Road
, export statistics
, Export strategy
, Foreign Trade Division
, new exporters
, U.S. Census Bureau