6 Basic Steps to Export Compliance in the United States
Penalties for violations, falling reputation, denial of export privileges – an export business can suffer all of these at just one time due to non-compliance with the export regulations. No, we aren’t talking about "big" exporters who are thought as the only players in the global arena. If you are exporting a product to a business outside the country, you are definitely a subject to export compliance. Apparently, several small businesses either aren’t aware of these requirements or don’t pay much attention to these concerns.
The U. S. Department of Commerce’s BIS or Bureau of Industry and Security has clearly mentioned the criminal and administrative penalties of up to $1 Million and $250,000 or twice the transaction value, respectively. Therefore, you should follow the export compliance regulations, avoiding any penalties.
Follow these basic steps for export compliance.
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Classifying the products
Not all products come under the BIS control, but you need to find if your product features on the list of the EAR (Export Administration Regulations) by ECCN (Export Control Classification Number) that requires an export license or not. You can check the BIS site to discover the ECCN Code or use a wizard software for classification needs.
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Export license for a destination country
The United States has put embargoes on several countries, which include Iran and Syria, that support terrorist organizations and activities. You should know if your product requires a license for export to the destination country or not. Apart from the export controls some additional controls may follow due to OFAC of the Treasury Department.
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Denied party screening procedures
The company you’re dealing with, is it a denied party? You may never know whom you are dealing with until you run a check on the lists of denied parties or banned entities. Of course, you can consider a manual check through the lists, but it could be time-consuming and error-prone. You should trust a denied party screening software for simple, quick, and effective fact-checking.
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Watch for red flags
Despite stringent export controls, a few businesses try to sneak their way out for enhancing their illicit businesses. You should determine how the product you are exporting can be used in other ways. BIS publishes a list of Red Flags and that will help in determining whether the product can be used in an unscrupulous manner or not.
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Check for deemed exports
Not all products leave the country physically. We mean technical data, information, blueprints, and similar entities are deemed exports, which are vulnerable and subject to utilization in the most nefarious ways. Nevertheless, you can prevent any export violations by following step 1 to 4.
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Document compliance
If you are a small business, it won’t be surprising that turn irate due to the above requirements for export compliance. In fact, you may hire a freight forwarder or third party for the dealings. But, it would still require you to document compliance with the EAR and other export regulations. Later, if even a small violation occurs, you can get away with reduced penalties due to documented-proof.