Developing and Implementing an Export Management & Compliance System

Why Should You Attend:

In the post-9/11 world, the export control challenge is to enable legitimate global trade in U.S. goods and technology, while keeping these items out of the hands of weapons proliferators and terrorists. Companies dealing in international sales and/or transfers of controlled technology and sensitive information must avoid export control violations at all costs. In February 2010, the Bureau of Industry & Security (BIS) published revised guidelines on the design and development of an EMCP. An EMCP is an organized, integrated system that can be established to manage export-related decisions and transactions to ensure compliance with the EAR, ITAR, and their license conditions. The BIS considers an EMCP a mitigating factor, with great weight, in determining administrative penalties in case of an export violation.

If your organization is new to exporting, this webinar will provide valuable information on developing an EMCP and will provide recommendations on what you might want to include in your EMCP. This webinar can also help companies assess their compliance efforts and enhance their program.

Areas Covered in the Seminar:

This webinar will cover the development and implementation of an effective EMCP, including:

• Brief Review of Export Controls under the EAR and the ITAR.
  • What is controlled at export from the U.S.?
  • What jurisdiction applies to your goods?
• What is an EMCP?
  • Characteristics of an effective EMCP
  • Benefits of an EMCP
• Key Steps to a successful EMCP - Getting started.
  • Forming an export compliance group
  • Delineating your current export process
• Management Commitment.
  • Upper management commitment statements
  • Establishing a clear chain of command, designation of roles
• Risk Assessment.
  • Examine current process
  • Identify vulnerabilities & risks in current process
• A written EMCP.
  • Structure & form
  • Appropriate content and scope
  • Distribution & updates
  • Training
• Security & Screening.
  • Brief overview of classification within the Commerce Control List and the United States Munitions List
  • Know your customer: screening for end-use/end-users
  • Red Flag indicators
• EMCP Audits.
  • Auditing plan & audit checklist
  • Escalation & notification procedure

Who Will Benefit:

• Export Compliance personnel
• Transportation and Logistics
• Inside Counsel
• International Customer Service
• Sales & Marketing
• Freight Forwarders who have export responsibility
• Warehousing, Inventory and Security personnel
• IT personnel

Instructor Profile:

Olga Torres, is an associate in Holland & Knight's Washington, D.C., office and a member of the firm's International and Cross Border Transactions Group. Ms. Torres balances her extensive experience in international trade law and cultural understanding to counsel domestic and foreign clients. She represents clients on compliance with United States regulatory regimes governing international business transactions, including the International Traffic in Arms Regulations, the U.S. Export Administration Regulations, and the various embargo and sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control. Ms. Torres also advises clients on import compliance matters, including customs rulings, classification, focused assessments, C-TPAT, seizures of goods by U.S. Customs and Border Protection and antidumping/countervailing duty matters before the Import Administration of the U.S. Department of Commerce. She also has experience assisting companies in transactions subject to review by the committee on Foreign Investment in the United States and Foreign Corrupt Practices Act compliance matters.

Ms. Torres has represented a wide array of U.S. and foreign companies ranging from Fortune 100 entities to small businesses. Ms. Torres was recently appointed by the U.S. Assistant Secretary of State for Political-Military Affairs to the Defense Trade Advisory Group. In this capacity, Ms. Torres advises the Bureau of Political-Military Affairs, which is the U.S. Department of State's principal link to the Department of Defense, on its support for and regulation of defense trade in accordance with the Arms Export Control Act.

Ms. Torres frequently assists clients in conducting audits and due diligence in mergers and acquisitions, establishing and effectively maintaining compliance programs, licensing, technical assistance and manufacturing license agreements, commodity jurisdiction, classification, country sanctions and technology transfers. She also assists with associated enforcement actions, such as conducting internal investigations, preparing voluntary disclosures and responding to penalty notices.

Ms. Torres is a frequent speaker and moderator. She has lectured on export controls and international trade for organizations, universities and government agencies in various countries, including Thailand, France and Canada.

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