Published on LinkedIn today:

Clients often know that they need help with export compliance but don’t know where to start. A well written and maintained Export Management and Compliance Program is the ideal way to keep compliant and there is no question that a written EMCP is a good investment for any company to make. An EMCP establishes clear accountability, written instructions, and reduces risk of non-compliance. However, an EMCP is costly and time consuming, requiring a significant commitment on the part of management. If the exporter has not experienced problems or incurred any fines it is easy to make an EMCP a “back burner” issue. There is considerable risk in being non-compliant, so don’t make the mistake of doing nothing because you are not in a position to implement an EMCP. A few best practices can help. To get started I suggest the following:

• Review and confirm correct Harmonized Tariff and Schedule B codes in January and July as updates occur.
• Check EAR regulations for correct ECCN and license exemption codes. Are you automatically using EAR99 and NLR? Help is available @ bis.gov.
• If exporting under ITAR you need a responsible trained officer.
• Check common “Red Flags” such as denied parties lists, entities lists, and unverified lists. Once again, bis.gov provides details and training.
• Review export documentation for possible improvements. Your forwarder can be a good resource here but the exporter has ultimate responsibility for compliance.
• Make export compliance a front-end process not a last minute shipping function.