
In today’s increasingly interconnected global marketplace, businesses are expanding their horizons and engaging in international trade at an unprecedented rate. And while this opens new opportunities for growth and profit, it also brings about certain responsibilities — most notably, the need for a deep understanding of export compliance.
Export compliance requires familiarity with, and adherence, to the various laws and regulations that cover the exportation of goods and services. Far from being capricious, they’re implemented by national governments and international organizations for reasons of protecting national security, advancing foreign policy, and defending economic interests. Ignorance or contravention of these regulations entail severe sanctions, including large fines, withholding of export privileges, or even imprisonment for the individuals involved. Noncompliance can also cause severe damage to a business's reputation, and lead to loss of customer trust.
The potential financial cost of non-compliance is not to be underestimated. Companies can be subjected to fines running into the millions of dollars, legal costs that deplete resources, and loss of market access. They need to understand that that cutting costs or failing to invest in proper export compliance steps can lead to disastrous consequences.
The initial phase of being export compliant is understanding the products that you export. This begins with determining your product's export control classification number (ECCN), which will dictate the regulations that affect you. You should also know if a product is a dual-use item. Take the time to seek out information about its specifications and application, as well as who’s using it.
Knowing your customers and markets is also key. By conducting due diligence on all parties to the transaction, including customers, you verify you’re not inadvertently doing business with prohibited entities. You can identify potential risks with the help of screening systems that crosscheck names against government watch lists, such as the Denied Persons List or the Entity List. This level of prudence not only promotes compliance but also helps protect you from potential legal issues.
Depending on the product and country of destination, you may require an export license. Conduct the necessary research, and gather all the required documentation. Obtaining licenses takes time, so it’s advisable to plan ahead and factor this into your export planning calendar.
Companies need to have in place a complete export compliance program. This involves developing policies and procedures that are focused on the specific business requirements. Staff also needs to be trained, through meetings that occur on a regular basis, and address the compliance standards and procedures necessary to ensuring that all workers are functioning within regulatory environments.
Another important element of export compliance is recordkeeping. It should cover all export transactions, including shipping documents, licenses, and customer information. This will not only assist with compliance but will be invaluable in the event of a compliance audit, which may arise unexpectedly.
Export regulations aren’t static — they change frequently based on geopolitical circumstances and updated policies. Stay current, and ensure continuous compliance, by periodically monitoring for modifications in regulatory regimes such as EAR, ITAR and OFAC.
Lastly, consider hiring experts in export law. Consulting attorneys can help ensure that your compliance program adheres to all relevant laws and best practices. With an export-compliance officer or consultant on board, you can obtain tailored guidance that’s favorable to your specific industry.
By investing time and resources on education and following export regulations, businesses not only protect their own interests but also maintain the security and integrity of international trade. Everyone engaged in international business must assign top priority to export compliance in order to survive and compete in a dynamic world. By following the steps outlined above, companies can navigate the intricacies of export compliance, and render their operations safe and compliant.
Engy El Ghlban is supply chain logistics manager at Coficab Group.