Export Controls Compliance

International Trade Resources Podcast

Today, Kim Kirkendall talks with Adriana Giraldo, who has more than 15 years of experience in import-export coordination, supply chain export operations, customs, and foreign trade operations. She's worked in various industries, from toys to jewelry and now chemicals. Many times the companies she worked for had products or customers subject to US export controls, which is what she’s here to talk about in this episode.
The definition of export controls Adriana gives us is simple; US laws and regulations that regulate the export of controlled goods or sales to controlled customers. Companies are often surprised, they feel like these things only apply to mega-corporations, but they apply to small and medium-sized companies as well. It’s not just the product and/or who it’s going to, Adriana points out. It’s important to understand the end use of what you are sending overseas. You’ll be surprised to hear what sort of products are controlled and considered for military use!
She talks about some key regulations and/or agencies to be aware of: Export Administration Regulations (EAR), International Traffic Arms Regulation (ITAR), Bureau of Industry and Security (BIS), and Office of Foreign Asset Control (OFAC). Adriana then goes into the details of how these agencies and/ or regulations function.
She highlights that it’s crucial to remember, exporting is a privilege that can always be revoked. It’s important to have export compliance procedures in place when exporting–a more difficult process than some may realize. Kim and Adriana discuss export licenses, which you’ll find out has its own set of nuances to keep in mind. They go through the steps of acquiring a license when it’s necessary to do so, some tips and tricks, and what pitfalls to watch out for.
Adriana then dives into AES filing, a topic unfamiliar to many organizations that do not directly handle their export documentation. This is something to take very seriously (take notes, listeners!) as the fines associated with incorrect information are hefty. There are some exclusions to be aware of, which Adriana dives into with examples from her experience.
Finally, Adriana runs through a checklist for our listeners to educate, prepare, and execute when it comes to their exporting, including free and paid resources.
Things you’ll learn

1. How to avoid being surprised by what is export controlled - it's not just the product itself but its use!
2. Adriana goes through some of the punishments non-compliant companies can incur.
3. Kim and Adriana discuss export licenses, aquiring them, their pitfalls and their nuances.

LINKS

https://www.bis.doc.gov/

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