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Exporting Best Practices

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Exporting Best Practices

Dual-use items are the kind items which could be used by criminals to commit crimes. Such is due to their dual nature as the name suggests (Forge, 2010). For instance, they offer a given service but at the same time, they could be manipulated to be used for adverse destructive purposes more so terrorists. Such kind of gods includes software as well as technology that could be used by civilians while at the same time having military functions. At times they could also be those that contribute to the glorifying the mass destruction weapons. The dual items are inclusive of computers and radars and sensors, navigation equipment, telecommunication equipment, avionics equipment, cryptographic equipment, propulsion equipment as well as marine and space equipment. Since the occurrence of September 2011, the US government set up various strict security measures (Casey-Maslen, Giacca, & Parker, 2016). They were aimed at regulating the exportation of dual items. In that case, exporters are required to have specified best practices. That is the only way the government can be able to manage and control the dual items 'business.

· Best Practice 1

The first best practice dictates that companies pay keen attention to the various red flag indicators that are found on the BIS website. Furthermore, they are expected to communicate to all their prospective branches as well as divisions on the same. As such, the correspondence is most important when the exporter denies the freight, or if the exporter does not agree to give the export services for any dual items.

· Best practice 2

All companies should try their best to know their customers, from foreign countries, by finding information as well as the credentials of their clientele base. That way, they would be able to measure the risk level of any diversions. Moreover, the companies must find out comprehensive information about their clientele base, so that they can manage and also protect the dual use items. They would be able to prevent any diversions more so in a case, where the foreign customer turns out to be a broker, a distribution center, or even a trading company.

· Best Practice 3

The company must also avoid any sort of routed export transactions, most especially, when the transaction entails, dual-use goods. The routed transactions can only be allowed, in case, where there is a long-standing, strong trust relationship, between the exporters.

· Best Practice 4

The companies must also consider using advanced technology as well as other relevant due-diligence measures in the combating of the threats of diversion. It would also, increase the level of confidence in the fact that the shipment would reach the end user, who is authorized, i.e. the authorized end user.

· Best Practice 5

Any exporter, or be it a Re-exporter must be asked to provide to the freight forwarder the ECCN or the EAR99 classification.as such, they should also report the ECCN/EAR99 to the AES for all the prospective transactions. It should also include No Transaction Required designation to certify that the exporter does not need a license.

· Best Practice 6

In a case where the exporter is required to produce the Destination Control Statement, then they should also provide the ECCN as well as the end destination to where the items are to be delivered as well as used. In a case where the DCS is not necessary, then the EAR99, as well as the final destination, must be outlined in the documents such as the bills of landing as well as air bills. The exporter of the controlled / uncontrolled items, the classification as well as destination information outlined in the other documents are to be used, on the export documentations.

References

Casey-Maslen, S., Giacca, G., & Parker, S. (2016). The Arms Trade Treaty: A Commentary. Oxford University Press.

Cook, T. A., Alston, K., & Raia, K. (2012). Mastering import and export management (2nd ed.). New York, NY: American Management Association.

Forge, J. (2010). A note on the definition of “dual use”. Science and Engineering Ethics, 16(1), 111-118.

Wetter, A. (2009). Enforcing European Union Law on Exports of Dual-use Goods. OUP Oxford.