The end of the year is a good time to do a yearly check on your compliance programs to identify any areas that may be lacking and regulations that may have changed during the previous year.

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.  Wilmarth & Associates offers comprehensive training in export compliance requirements.

Audit: An annual review or audit should be carried out every year 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 being followed and that there have been no violations which need to be voluntarily disclosed. Alternatively, Wilmarth & Associates can assist you in drafting an audit guide to be used and followed by your company’s Export Control Officer for an internal audit.

Licensing: Exporters should 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.  Employers should also review employees’ I-9s and the licensing requirements of any foreign national employees.

Policies & Procedures: Export Policies and Procedures should be reviewed and updated yearly.  It is also a good way to reinforce (along with an audit/review) the requirements included in the Policies & 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.

China: There have been many changes to restrictions on semi-conductor and semi-conductor manufacturing equipment export controls and ECCNs  in 2023. Companies should review the export classification of  product and related EAR restrictions on export of certain items to China and Macau and certain sanctioned end users and end use.