Exporting best practices

Best Compliant Practices for Freight Forwarders

International freight forwarders play a significant role in ensuring the security of the global supply chain. Without their supervision and control over the export process, in addition to the exporter’s role, there could be possible breaches of security. Many exporters rely solely on their freight forwarder’s expertise and truly believe that the responsibility of compliance and global security falls on the freight forwarder’s shoulders. Having a compliance program in place is a good selling tool for a freight forwarder and also demonstrates to the U. S government their commitment to being compliant however; even with these measures in place, however, a customer’s lack of knowledge in the compliance area can leave a freight forwarder vulnerable and susceptible to fines and penalties if extra steps are not taken. Having best practices in place can further assist a freight forwarder in avoiding these pitfalls.

Freight forwarders may have compliance responsibilities under the Export Administration Regulations even when their actions are based on information and or instructions provided by the exporter. Freight forwarders should be formally trained in U. S export regulations so that they are able to scrutinize the information being provided and minimize their exposure as well as their customers’. Hiring a freight forwarder to perform these actions does not relieve the exporter of their compliance responsibilities, however, and if an error is not identified or rectified prior to export, the exporter may actually place blame on the freight forwarder for not catching their omission or error. This may lead to both parties being exposed to possible fines and penalties and, perhaps even a loss of that customer to the freight forwarder. Freight forwarders are responsible for the information they file via the Automated Export System on behalf of their customer and it is important that they understand their obligations under the Export Administration Regulations, as no person, including an agent, may proceed with any transaction knowing that a violation of the EAR has occurred or is about to occur.

As freight forwarders, we must all understand our client’s needs but it is also critical to determine their level of knowledge and or possible shortcomings in all areas of the global supply chain, particularly in the compliance area. While routine freight forwarder procedures (i.e., tracing and tracking, customer service, etc.) complement a client profile, best practices will further enhance those processes and will offer protection for both parties against compliance deficiencies. Utilizing best practices is one of many ways in which a freight forwarder can offer their support to the export controls that are in place necessary to ensure global security.

Best practices can vary from freight forwarder to freight forwarder dependent on their client base, of course; however, the best practices outlined below pertain to the global supply chain as a whole regardless of a freight forwarder’s customer base, regardless of the specific commodities. Any gaps and deficiencies within a freight forwarder’s current operating procedures should be identified (such as lack of formal training, no written procedures in place, etc.), addressed, and rectified—and best practices implemented.

• As outlined on the BIS website, best practices are based on the following four principles: Industry and government should work together to foster secure trade that reduces the risk of diversion of items subject to export controls.

• Secure trade will reduce the diversion of dual-use items to prohibited end-uses, end-users, and destinations.

• Secure trade will encourage the more expeditious movement of legitimate trade through borders and ports

• Industry can achieve secure trade objectives through appropriate export management practices

Here are the specific best practices exporters, reexporters and trade facilitators, and freight forwarding companies should all be implementing, as provided by the BIS’s website(www.bis.doc.gov/complianceandenforcement/frbestpracmts req5_16.html):

• Each company should develop a written policy against allowing its exports or services to contribute to terrorism or programs of proliferation.

• Each company should identify one person who reports to the CEO, general counsel, or other senior management official as the ultimate party responsible for oversight of the company’s export control compliance program.

• Each company should create an export control compliance program. A company should integrate this compliance program into its overall regulatory compliance, security, and ethics programs.

• Each company should ensure that relevant company personnel receive regular training in export control compliance responsibilities.

• Each company should seek to utilize only those trade facilitators / freight forwarders that also observe these best practices.

• An exporter or reexporter should classify each of its products according to the requirements of the EAR and should communicate the appropriate Export Control Classification Number or other classification information for each export to the freight forwarder and the end-user involved in that export.

• A company should screen all parties to proposed transactions for the presence of parties who are: subject to an order denying export privileges; on the Unverified List; on the Entity List or on any list of U. S. government–sanctioned parties; and should maintain a record of such screening.

• A company should have procedures in place to detect and report suspicious transactions to the appropriate authorities.

• A company should pay heightened attention to Red Flag Indicators on the BIS website.

• When a company encounters a suspicious transaction, such as those outlined in the BIS “Know Your Customer” Guidance and Red Flag Indicators, it should inquire further and attempt to resolve any questions raised by the transaction.

All freight forwarders should implement best practices as their due diligence in the support to secure the global supply chain and prevent weapons of mass destruction and other sensitive goods and technologies from falling into the hands of proliferators and terrorists as the benefits will be reaped by all within the industry and the nation.

For more information regarding general best practices you can visit the Bureau of Industry and Security’s website www.bis.doc.gov.

Five Best Practice Measures for Exporters

On a weekly basis, I meet with exporters all over the country through training seminars. Within the context of the training or during sidebar discussions we discuss compliance and logistics issues. While I could repeat “relying too heavily on service providers” five times and be done with this article, there are other mistakes made by newbie and seasoned exporters that I come across most frequently.

1. Incorporate denied party screening throughout the supply chain. Exporters must incorporate denied party screening into their sales, finance, and shipping departments. The smoothest method to manage screening is to incorporate an electronic solution. There are programs available that include documentation and compliance programs. These programs are relatively inexpensive and can save your company from fines and loss of export privileges.

2. Utilize a forwarder letter of instruction. Issuing a standard or per shipment letter of instruction safeguards your shipment and compliance efforts by effectively communicating the shipping requirements and regulatory requirements for your shipment. The letter should be clear and simple. It doesn’t have to be on the Shipper’s Letter of Instructions format we’ve seen for the past thirty years. A simple one-page instruction is sufficient. Make certain to include a clause that requests all documentation for the shipment to be sent to you following shipment.

3. Work with a forwarder who has invested in technology. Working with a forwarder who has “cutting edge” technology—access to billing, shipment status, proof of delivery, etc.—will free up your time and allow you to manage your exports by exception rather than managing each export movement individually. Some forwarders will even let you piggyback on their own denied party screening and HTS/Schedule B search engines. If you don’t ask, you won’t get! If they don’t have these programs, consider their competition!

4. Establish a recordkeeping and audit process. Compliance is about doing things right and ensuring you continue to do so. We must schedule self-audits and reviews for export documents and denied party screening, and we should consistently evaluate our compliance efforts to ensure procedures are being followed. If your systems aren’t working to protect you, your customers, and your country, determine why and what steps must be incorporated to make certain your processes work functionally.

5. Get involved early in the process. Have sales bring you into the scope of a new sales territory or a new line of products early in the process. You can then assess potential risks, licensing requirements, and logistics issues proactively rather than reactively.

All of the above should be incorporated into your corporate compliance manual.

Training should be included whenever it is warranted for specific subject matter and on a yearly basis as an overview.

Info above was taken from this reference below.

Reference

Cook, T., & Alston, R. (2012). Mastering import & export management (2nd ed.). New York: American Management Association.