Export Compliance for Canadian Companies

Similar documents
Introduction to Braumiller Schulz LLP Why Trade Compliance? Establishing an Internal Compliance Program (ICP) Contracting Services to Outside Experts

University of Louisiana System

U.S. Economic Sanctions Laws and How They Affect Insurance Brokers

Export Control Training

Mastering Global Trade Compliance for Growth Through Export. Track 1 Session 3

Regulatory Compliance and Trade

Export Control Laws Training Presentation FLORIDA INSTITUTE OF TECHNOLOGY

GOODMAN GLOBAL GROUP, INC. EXPORT CONTROL AND SANCTIONS COMPLIANCE POLICY

TRADE CONTROL POLICY FEBRUARY 2014

Director of Logistics & Compliance James Hall

COMPUTER & INTERNET. Westlaw Journal. Expert Analysis Software Development and U.S. Export Controls

Protecting the Value of Your Transaction y

EXPORT CONTROLS COMPLIANCE

Key Elements of International Trade Compliance. Presented by:

Export Controls and Cloud Computing: Legal Risks

Export Controls: What are they? Why do we care?

Second Annual Impact of Export Controls on Higher Education & Scientific Institutions

US Export Regulations Compliance. Presented by Larry Disenhof Cadence Design Systems, Inc.

Export Control Basics

Harvard Export Control Compliance Policy Statement

Middle Tennessee State University. Office of Research Services

EXPORT CONTROLS AND RESEARCH AT WPI TRAINING PRESENTATION

Best Practices in Export Compliance: Five Key Issues in Canadian Trade Control Compliance and Enforcement

University of Maryland Export Compliance Program

Enterprise Terrorist Financing & Money Laundering Policy

Table of Contents SCOPE RECORDS TO BE RETAINED

Partners for Trade Seminar Calendar:

EXPORT COMPLIANCE MANUAL

US EXPORT CONTROLS & MARGARET M. GATTI, ESQ. LOUIS K. ROTHBERG, ESQ. FEBRUARY 23,

Policy and Procedures Date:

Introduction To Commerce Department. Export Controls U.S. DEPARTMENT OF COMMERCE BUREAU OF INDUSTRY AND SECURITY OFFICE OF EXPORTER SERVICES

Canada Export Requirements Incoterms

Outlook and Opportunities for Shipping

United States Export Controls on Internet Software Transactions. John F. McKenzie Partner, Baker & McKenzie LLP

Counterterrorism and Humanitarian Engagement Project

Trade Compliance & Exports

FREIGHT FORWARDER GUIDANCE

LATEST ON THE DODD-FRANK ACT AND INTERNATIONAL COMPLIANCE RISKS

INTERNATIONAL BUSINESS COMPLIANCE PROGRAMS. By: Thomas B. McVey, Esq.1 Williams, Mullen, Clark & Dobbins Washington, DC TABLE OF CONTENTS

Export Control Training: Who, What and When? IMPACT OF EXPORT CONTROLS ON HIGHER EDUCATION AND SCIENTIFIC INSTITUTIONS MAY 23-24, 2016

Export Control Compliance Procedure Guide June 8, 2012

CLOUD COMPUTING, EXPORT CONTROLS AND SANCTIONS. By Richard Tauwhare, Dechert LLP i

Supplier Awareness. Export Control/ ITAR

Export Control Compliance at General Electric. Kevin J. Cuddy Export Controls Manager GE Global Gov t Affairs & Policy

Export Compliance Program Policies and Procedures Manual. Office of Research and Economic Development University of Wyoming

Export Control Management System

Foreign Corrupt Practices Act:

CHAPTER IV: SECTION 7 COMPLIANCE WITH U.S. SANCTIONS

SYSTEM OF HIGHER EDUCATION PROCEDURES AND GUIDELINES MANUAL CHAPTER 16 EXPORT CONTROL AND ECONOMIC SANCTIONS POLICY

the Export Transaction Michael Ford

Export Record Keeping Requirements. July,

EXPORT COMPLIANCE PROGRAM MANUAL. University of Delaware

HOW GOVERNMENT SANCTIONS AFFECT YOUR GLOBAL PROGRAM (TLT024)

Evolving Legal Compliance Risks in Russia and Iran

Managing the Relationship Between Canadian and U.S. Export Controls and Economic Sanctions: Compliance and Enforcement Issues

Elsa Manzanares. Co-Chair, International Trade, Partner, Corporate

Summary of the North Korea Sanctions and Policy Enhancement Act of 2016

Top 10 Questions to Ask Before Exporting Software Containing Encryption

Audit Module: Self-Assessment Tool

Checklist for new exporters

Trade Software Developer Technical Seminar Automated Export Manifest. William Delansky, CBP Cargo Control and Release March 7, 2012

Export Controls and Cloud Computing: Complying with ITAR, EAR and Sanctions Laws

Cuba Sanctions: 10 Important Changes

Assets Control ( OFAC ) is amending the Cuban Assets Control. Regulations to implement a provision of the Omnibus

Insights and Commentary from Dentons

Export Control Management & Compliance Plan

ROCHESTER INSTITUTE OF TECHNOLOGY EXPORT COMPLIANCE PROGRAM

United States House Foreign Affairs Committee. February 4, 2015

OFAC Compliance Overview and Recent Trends

OFAC Office of Foreign Assets Control

Country Sanctions Program

OFAC Sanctions on Iran, Syria, Yemen, and Burma: Compliance Strategies

BOSTON UNIVERSITY EXPORT COMPLIANCE PROGRAM MANUAL

I have the file. It opens and appears to have transferred ok. Will let you know if I have any questions.

ISRAELI DEFENSE EXPORT CONTROL

Implementing Catch All Controls A Risk Assessment-based Approach Toward Nonproliferation

This Policy supersedes the Terex Corporation Policy on Transactions in Iran, dated June 7, 2013.

Vanderbilt University

Export Control Compliance Program Guidelines April 2015

Export Control Compliance Program Guidelines January 2012

Supply Chain & Circular September 2013

University of Virginia Export Compliance Management Program Manual

SI/SAO Export Compliance Training 1/9/2014

Louisiana State University A&M Campus Export Control Compliance Manual October 2013

A Brief Primer on Doing Business Abroad: U.S. Laws that Affect GW s International Activities

Export Controls Just the Basics NCURA REGION VI & VII SPRING MEETING APRIL 2012

Preparing for an OFAC Review An Examiner s Perspective

Supplier Code of Conduct. Ashland Inc. With good chemistry great things happen.

International ACH IAT and the Corporate Practitioner

Session Title: Mitigating the Financial and Compliance Risks Associated with International Shipments Supporting Global Collaborations

Welcome to the World of Public Cloud Collaboration Allowing Enhanced Security

A service offering of Joiner Law Firm PLLC

Managing the Relationship Between Canadian and U.S. Export Controls and Trade Embargoes

Freight Forwarder Roles in the Export Transaction. Theresa Sekula

Deemed Exports and the Export Control Reform Initiative. Bernard Kritzer Director Office of Exporter Services. July 24, 2013.

Export Controls Compliance

A Primer on U.S. Export Controls

Expanding Internationally with Confidence by Ensuring Global Trade Compliance

Chinese Nonproliferation Policy and Export Control Practice Taibei August 28, 2013

Policy on Export of Physical and Intellectual Property Export Controls

Transcription:

supply chain & logistics Export Compliance for Canadian Companies CITT Webinar Series Date: Wednesday, October 19 2016 Time: 12pm EST Hosted by: Kevin Riddell, CCLP

Presenter Info Kevin Riddell, CCLP Director, International Logistics Tremco Incorporated: http://www.tremcoinc.com/

Agenda Canadian export controls US Extraterritorial concerns It s not just exports Automation

Canadian Export Controls Export and Import Permits Act Economic sanctions Defense controls Other government agencies

Export and Import Permits Act Primary source of Canadian controls 2 key considerations: Export Control list (what?) Area Control list (where?)

Export Control List Comprehensive list of goods controlled for export Controls for various reasons: Multilateral agreements (Wassenaar, Australia Group ) Canada specific controls Partnership with US

What s in it? (a lot) Export Control List

Export Control List US origin goods special note

Export Control List US origin goods GEP-12 good news

Export Control List US origin goods GEP-12 bad news

Area Control List Whose on it? What does it mean?

Penalty Examples

Best Practices Check all of your products against the Export Control List Pay special attention to 5400 US origin rule Know the Area Control List Have formal processes documented Implement controls on affected products automate if possible Get executive buy in

Canadian Economic Sanctions UN driven sanctions (United Nations Act) Autonomous sanctions (Special Economic Measures Act)

Canadian Economic Sanctions 3 primary groupings: Where (though less severe than US embargos) What (i.e. Arms) Who

Canadian Economic Sanctions Entity sanctions

Penalty Example

Penalty Example?

Best Practices Know the sanctions (Education) Review your products against any product specific rules Automate your entity screening

Other government agencies Guidance from Global Affairs Canada:

Penalty Example

Best Practices Research possible risk what agencies control your products? Education and networking are essential get out there!

US Extraterritorial Concerns Export Administration Regulations ITAR Department of Treasury OFAC Don t forget FEMA!

Export Administration Regulations (EAR) 15 CFR Main source of export control in commerce ( dual use ) Governs not just US exports, but exports of US goods or by US technology

Export Administration Regulations (EAR) Read the General Prohibitions Carefully! (15 CFR 736)

Read This! Penalty Example

Penalty Example

Penalty Example

EAR Office of Antiboycott

ITAR US Military Goods Controls Not as wide ranging as EAR specific to military purpose goods

Department of Treasury OFAC Primary source of economic sanction for US government Application can be extraterritorial Can deny ALL activity with listed entity or country 2 main areas to review: Countries Entities ( SDN s)

Department of Treasury OFAC Application concerns US Person (Example below is 31 CFR 560)

Department of Treasury OFAC Country concerns Some countries are off limits i.e. North Korea don t even send a greeting card! Some countries are similar to Canada and only certain items are controlled

Department of Treasury OFAC Entity concerns Specially Designated Nationals This is where it gets tricky A transaction with a listed entity can be forbidden, wherever they are

SDN Example Penalty Example

Canadian example Penalty Example

Don t forget FEMA! Little known Forbids Canadian companies from refusing to do business with Cuba if directive came from US parent New development related to Buy American

2 FEMA Orders

Penalty Example None and lets hope this goes away! Puts Canadian subsidiaries in an impossible position

Best Practices Know the US rules BIS offers great free training sessions Implement controls on movement of affected items automation is ideal Automation for entity screening is a must Educate your Canadian employees and get executive buy in

It s Not Just Exports Diversion Deemed Export rules Sanctioned parties in country

Diversion What is your customer doing with your goods? More of a US concern (for now ) Good idea to follow US Red flags advice

Diversion Could Canada be adopting similar rules? Two recent quotes from news coverage of Streit story: A parliamentary committee is preparing to take a hard look at the export controls Canada places on foreign sales of military goods and whether sanctions and embargoes meant to stop arms shipments by Canadians have sufficient teeth the armoured vehicles were manufactured and shipped by the company's branch in the United Arab Emirates, and therefore the sale is outside of the federal government's arms export regulatory regime

Deemed Export Rules Delivery of technology and information related to controlled products Canada and US both control technology transfers

Sanctioned Parties in country Common misconception that sanctioned parties are all foreign:

Sanctioned Parties in country

Best Practices Implement a red flags education program Verify if any of your technology is controlled Screen ALL business partners, not just your exports (don t rely on my freight forwarder checks that ) Automate

Automation Compliance with some of the above requires automation SPL in particular cannot be handled manually Licenses and permits can be managed manually, but risky Many options: from low cost, on demand, to high cost local installation Can also act as catalyst for internal review/improvements

Best Practices Find the system option that fits your business (not the other way around) Review all the options Don t let it be an IT project it s a compliance project! Use the project as chance to close any existing business gaps

Conclusion Some common themes: Automate! Know the rules! Educate your employees! Document your processes! Get executive buy in!

Links to referenced articles Slide # 12 http://www.cbc.ca/news/canada/montreal/iran-illegal-exporting-canada-railway-train-equipment-1.3268414 Slide # 17a http://www.theglobeandmail.com/report-on-business/international-business/african-and-mideast-business/rcmpcharges-alberta-company-over-illegal-shipment-to-iran/article17959104/ Slide # 17b http://www.blg.com/en/newsandpublications/publication_3745 Slide # 18 http://www.cbc.ca/news/politics/streit-un-arms-report-sudan-1.3758670 Slide # 21 http://www.surreyleader.com/news/200097481.html (All other images from public government web sites)

Q&A Feel free to contact me: kriddell@tremco.ca https://ca.linkedin.com/in/kevinriddellcclp https://twitter.com/kngriddell

Register for the full program, or individual sessions. Watch live, or access the recordings as often as you like until October 2017. Current State of Transportation panel is FREE for CCLP & CITT Students (registration still required to receive login info!) To see the full schedule, learn more or sign up now, visit: www.citt.ca/conferencewebcast