In this time of ever changing regulations, it is more important than ever to perform a yearly review your export compliance program and address any deficiencies. Also note that at this time, any business with DDTC and BIS, especially licensing, is taking significantly more time that in past years.
Training: All employees who are involved in export decision-making should receive yearly training. Additionally, any new export involved employees should be trained within 90 days of hire and be supervised during their involvement in export activities prior to completion of this training.
Audit: A review or audit of your company’s export sales and transactions should also be carried out on an annual basis to ensure compliance with U.S. Export Laws and Regulations and with your company’s Export Policies & Procedures. This audit can be completed by a Wilmarth & Associates expert to ensure all aspects of your export compliance are reviewed and are being followed. Alternatively, Wilmarth & Associates can assist you in drafting an audit guide to be used and followed by your company’s Export Control Officer.
Registration: Yearly compliance requirements include State Department registration renewal if your company’s manufactured items or defense services fall under ITAR jurisdiction. An expiration notice will be received by email from DDTC, but you should track the expiration date in case the email is overlooked.
Licensing: Exporters should also review expiring licenses and apply for renewal/replacement licenses several months prior to expiration to prevent a gap in licensing. A review of licenses and agreements should include a review of any licensing authority required to be replaced or amended due to Export Control Reform. Additionally, new conditions require annual reporting of the immigration and employment status of all foreign nationals under State or Commerce Department licenses.
Policies & Procedures: Companies should review their Export Policies and Procedures yearly and make any necessary updates in response to changes in regulations or internal company procedures. It is also a good way to reinforce (along with an audit/review) the requirements included in the Policies and Procedures for export involved employees and confirm that the written procedures are being followed and are understood.
Vendor/Supplier Certifications: Prior to your company’s transfer of controlled technical data, vendors and suppliers should be required to confirm their compliance with ITAR/EAR regulations through a supplier certification letter, which should be received and updated on an annual basis.
Please contact our office if you would like our assistance with any of these matters.
This Blog is made available by Wilmarth & Associates for educational purposes as well as to give you general information and a general understanding of export law and compliance, not to provide specific legal advice. This blog is not legal advice and should not be treated as such. You must not rely on this blog as an alternative to legal advice from your attorney or other professional legal services provider. The information provided on this website is presented “as is” without any representations or warranties, express or implied.