Saturday, 19 of May of 2012

Tag » export compliance

An Update on NEI and the Control Angle from BIS

Was recently at BIS Update and wanted to share what is new on the National Export Initiative.

What NEI Is

On March 11 of this year, President Barak Obama signed the National Export Initiative Act (NEI) (http://www.whitehouse.gov/the-press-office/executive-order-national-export-initiative) as an Executive Order, thus following up on his January State of the Union promise to double U.S. Exports within five years and create new NEI-related jobs. The Act Designated a top-level Export Promotion Cabinet—composed of Secretaries of the Cabinet and all relevant Department Directors—to develop and coordinate NEI’s implementation.

  • A month later Defense Secretary Robert Gates outlined the Obama administration’s proposed reforms of the U.S. export control system, which included:
  • The creation of a single export control list by consolidating the U.S. munitions and commerce control lists to provide a single, frequently- updated listing of unrestricted trading partners
  • The establishment of a single export licensing agency with jurisdiction over both defense articles and dual-use items and technologies to streamline the review process and enhance consistency in licensing approvals
  • The creation of a single enforcement coordination agency to strengthen global enforcement, and enhance cooperation and coordination with the intelligence community
  • Develop a single, unified IT infrastructure that would receive, process and help screen new license applications and end-users to reduce the redundancies, incompatibilities, and costs
  • Encourage and assist small business exports.

Among other priorities included were federal export assistance, trade missions, increasing export credit, enforcement of intellectual property rights, increased coordination between government agencies and collaboration with the private sector and export promotion of services.

And… it seems like there is actually a plan behind this to make it work…

UPS–On February 19, the Commerce Department announced a partnership with UPS to increase trade by identifying small-and medium-sized companies that currently export to a single market. UPS will then analyze company data to recommend new markets based on industry, geography, currency, and market access opportunities. From there, the U.S. companies will be directly connected with trade specialists from the Commercial Service (part of Commerce’s International Trade Administration), to design targeted strategies to identify new market opportunities and increase customers in existing markets.

Since the president announced the NEI, the Department of Commerce’s Advocacy Center has assisted American companies competing for export opportunities, supporting $11.4 billion in exports and an estimated 70,000 jobs. The department’s commercial service officers stationed around the world have helped more than 2,000 companies generate $3.8 billion worth of exports. To date, the Commerce Department has coordinated 18 trade missions with over 160 companies to 24 countries.

The USPS–In July, the U.S. Postal Service’s Global Business team announced the launch of a New Market Exporter Initiative with the Department of Commerce’s International Trade Administration and U.S. Commercial Service to help USPS small to medium-size business customers expand their reach to international markets by offering logistics expertise and other support resources.

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Doubling Exports Needs Redoubling of Effort

Remember the Obama Administration plan to double exports as a way to rebuild the US economy? Well it looks like the one part vision and a pinch of desire to change is not enough.  The New York Times has analyzed the progress so far, with mixed results, and highlights the many barriers to achieving the goals of the National Export Initiative (NEI).

The challenges include:

  • Manufacturing Leadership. We are becoming more and more of a service economy.  As the country is fighting to exit the recession, companies are uncertain of their ability to access capital and invest in the US in this time of increasing regulation and taxes.  Simply put,  manufacturing capacity and jobs are being exported (but unfortunately don’t count towards the doubling objective).  So if you aren’t producing more how do you export more?
  • The Rising Strength of the Dollar. The Euro bottomed with the banking crisis and has caused the dollar to appreciate.  While China has talked about slowly appreciating the renminbi, it is still promoting a steady flow of exports to world markets, and increasing competition for US Exports.
  • The Political Sensitivity of Trade Agreements.  As the election year approaches, I can’t see Congress getting too aggressive on trade agreements.  Clearly from a State-level there are winners and losers when trade agreements like NAFTA are implemented.  Who is going to fire up the old job debate now when the economy is stuck in neutral and slowly rolling backwards?

Exports in the first four months of 2010 have increased by 17 % versus the same period in 2009. However today we learned that the real trade deficit increased in June from $46bn to $54bn.

Clearly we aren’t playing on a level field and struggle with trade barriers erected by countries around the world.   For example, a wine industry expert says, “The single most restrictive barrier to wine exports remains the high import tariffs of most of the major markets buying U.S. wine today.”

Read more about the barriers to increasing exports at the New York Times: Hurdles Deter Obama’s Pledge to Double Exports.

Thanks to Lauren for the inspiration for this post.

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The Dog Ate My Homework

After reading an article recommending to consult freight forwarders for export regulations, ExportLawBlog says:

The defense of “my freight forwarder did it” is the export law equivalent of “the dog ate my homework.” It’s not going to keep you from doing detention. Worse, many freight forwarders have no working knowledge of export laws and little interest in complying because DDTC and BIS usually whack the exporter not the freight forwarder in these matters.”

So hear is another good example of informed compliance.  Quite simply, if you are the exporter or the importer of record, you are ultimately responsible for what your trading partners do.  Given this, we see many companies starting to implement the process and information systems required to keep their company in compliance.

One place to start is with Web-based access to an up-to-date database of international trade rules and regulations that can help answer tough trade questions before they bite you.

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Cool Flash Movie Explains Compliance Automation

A nice overview of the export compliance process showing key technology enablers.  Good 3 minute overview for management to understand what you are trying to do…Introduction to Automating Export Compliance.

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Informed Compliance Means You Can’t Pull a Homer

You can’t mess with export controls, especially if you deal with sensitive technologies.  Here’s an example of the consequences of export control violations: Atmospheric Glow Technologies and former University of Tennessee professor J. Reece Roth.

July 2006: Feds start inspecting.
June 2008: Company files for bankruptcy
August 2008: Company pleads guilty
May 2009: Prosecuters recommend 5  – 6 1/2 years in prison for Mr. Roth. Meanwhile sentencing will take place at another hearing at an undetermined date in the future.

Props again to International Trade Law blog:

Dr. Roth faces a maximum penalty of five years in prison and a $250,000 fine for the conspiracy and fraud convictions. The 15 convictions for violating the AECA each carry a maximum penalty of 10 years in prison and a $1 million fine.

Atmospheric Glow Technologies faces a maximum criminal fine of $1,000,000 and a maximum term of five years of probation for each of the 10 counts.

KnoxNews.com has good coverage of the whole saga

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Rise of the SME – the Small to Medium Sized Exporter (Outlook for 2009)

In the last two posts, I summarized some key trends that formed in the GTM space in 2008.  With the new year, I think it is appropriate to make a few predictions.  The first is the rise of the SME.  The Small Medium Enterprise? Not quite.  Actually we see the larger market of exporters (and there are over 230,000 in the United States alone), the Small to Medium Sized Exporter start to invest in managing export compliance.  

A few trends are driving the SME and it starts with some good compelling events:

  • Enforcement is up 
  • Fines are up (including imprisonment)
  • Regulations are not getting simpler (no 1040-EZ here)
So beyond the effective scare tactics of Don’t Let This Happen to You companies are starting to realize that exporting is a priviledge in the United States and can be taken away if you really screw up.  So, the Bureau of Industry and Security has a comprehensive program to help exporters comply with their EMCP Export Management and Compliance Program.  This was recently updated and expanded and covers all the bases from policy, to process, to training and systems.
Now, any time you build out a big process, you need to staff up.  The challenge for many SMEs is that they have jsut a few compliance players and no budget to hire staff.  This is where technology comes into focus to provide a highly targeted information system that meets the needs of the SME.
  • Highly configurable to reduce the cost of implementation
  • Able to integrate to any back-end system
  • Automates the time-consuming activities of an EMCP like screening and license determination
  • Demonstrates “reasonable care” by implementing a standard process with controls
  • Is available on-demand to eliminate the need to buy hardware, software or bother your IT staff
As the urge to “go global” shapes SME business strategy, operations has to follow.  The good news is that a new class of applications are available that can do the heavy lifting and don’t take a smoke break.
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AMR Predictions in SCM 2008

Global supply chains faced their fair share of new and existing challenges in 2007. While improving both cost efficiencies and customer-service levels remained top of mind for supply chain executives, they are now chartered with enabling new business priorities, such as support for growth through more rapid innovation, increased flexibility to respond to demand variations, and sustainability and environmental needs.

Furthermore, in 2007, global supply chain risk took center stage with stories like Mattel’s major issue with lead paint on toys and Dell’s portable battery recall, amplifying the need for mitigating the potential for supply chain disruptions. What does 2008 hold for supply chain management (SCM) and logistics? AMR Research believes that a confluence of economic, technology, and political factors will further emphasize that SCM and logistics are keys to the future success of global businesses. Specifically, here are the top ten supply chain management and logistics trends that AMR anticipates in 2008.

1. SCM and logistics technology markets enjoy healthy growth: In our supply chain spending study, twice as many companies said they will increase spending on supply chain technologies, projecting to grow their budgets by nearly 12% for 2008). The 12% growth in supply chain technology spending will target controlling costs, raising productivity, and improving customer service. Companies can no longer make do with their 10 to 15 year old SCM systems. The research shows that an application replacement cycle is in progress as competition and globalization are driving the move to newer technologies.

2. Near-shoring presents a viable alternative to low-cost country offshoring: AMR Research believes that the trend of near-shoring will continue to gather steam in 2008 for multiple reasons. Companies are discovering some hidden costs of low-cost country outsourcing ranging from the loss in their ability to be demand driven or to manage product quality and protect their brand image. Additionally, focus will remain on the goal of protecting domestic producers against unfair trade practices of countries like China and encouraging U.S. manufacturing through tax incentives, especially in this presidential election year. Expect near-shore sourcing, manufacturing, and design in the United States and in the western hemisphere to be closely analyzed as a more cost-effective–not just faster–alternative to low-cost country sourcing.

3. Best-of-breed vendors regain some lost ground from ERP competitors: In the same AMR Research Report on SCM spending, respondents were evenly divided on which category of vendors they will rely on for new technologies and replacement of existing applications. ERP vendors have gained a strong foothold in areas like demand planning and inventory management. However, users still prefer best-of-breed applications, either packaged or custom-built, in areas like transportation management, warehouse management, and network design as well as for collaborative processes such as vendor-managed inventory (VMI) that extend outside of the four walls of the enterprise.

4. SCM outsourcing alleviates the SCM talent shortage in increasingly complex global supply chains: When combined, several current industry factors are propelling the growth of logistics and greater supply chain outsourcing. A decade of staff downsizing, the globalization of supply chains, the complexity of operating today’s demand-driven networks, and the rise of the offshore, low-cost back-office outsourcing firms have naturally produced an awareness and a new level of acceptance of outsourcing. 2008 will prove to be a fertile year for outsourcing. Look for a slow expansion of additional supply chain services beyond the traditional transportation and warehousing offerings.

5. Companies manage risk for business continuity and competitive advantage: Whereas cost efficiencies, customer service improvement, inventory reductions and other fundamental goals will remain top priorities for supply chain organization, emphasis on supply chain risk mitigation will grow in 2008. Realizing that risk in global supply chains is unavoidable, companies will build a risk-conscious culture, to ensure business continuity. Leading companies will take risk mitigation a step further, building competitive advantage by continuously balancing risk and reward to expand their market presence, improve their profitability or capture bigger market share from their competitors.

6. Impressive returns on investment from current projects nudge RFID back into the spotlight: From arm’s length, the RFID application market looks somewhat listless. Closer examination shows a very different picture. Early adopters now have hands-on experience implementing RFID and a better understanding of its potential value as well as limitations. Ongoing standards development eases the concerns of those companies that fear technological obsolescence. Technology providers have been working hard to keep pace with end-user expectations. Along with tag and reader development, enterprise software applications are focused on easing management and distribution of the RFID data collected.

Look for big advances in item-level tracking that will demonstrate the unmistakable value in the technology in industries as varied as pharmaceutical, publishing, healthcare, and apparel and footwear. Already shown to be a major growth area, the use of RFID in asset tracking and management will continue to expand. We will also see exciting and innovative applications of the technology in emerging markets such as India and Brazil, where companies are defining their supply chain processes from the ground up with RFID as a foundational technology enabler.

7. Software vendors expand their managed-services offerings to deliver results: Software implementations often fail to deliver the benefits expected because oftentimes skills within the organization are insufficient to maximize the value that sophisticated technology can potentially provide. To help companies reach their goals, many software vendors and service providers are coupling domain expertise with deep application knowledge to not only conceptualize, but also actualize the benefits their software and services can bring to an organization. The menu of managed services runs the gamut from business-to-business (B2B) electronic connectivity to demand planning, forecasting, and transportation management. In fact, some of the software-as-a-service (SaaS) transportation networks and managed-services offerings are being adopted by the more mature users, suggesting that increasingly, it does not matter who presses the keys as long as process performance is being achieved.

8. S&OP technologies–not just processes–take center stage: Viewed as the make-or-break process for profitably matching demand with supply, designing sales and operations planning (S&OP) processes and building a supporting organization were high on business priority lists in 2007. But now, more companies are realizing that building S&OP excellence is constrained by their existing S&OP technologies. Look for better definition of the S&OP technology market space and wider adoption of S&OP functionality that enables fast what-if analysis, profitable demand and supply shaping, and structured internal and external user collaboration and consensus building.

9. Connectivity grows in importance as companies extend their value networks: Companies are increasingly realizing that electronic connectivity is necessary to sustain and scale up collaborative relationships with trading partners. But the cost and complexity of building this connectivity had traditionally limited the scope of integration to just a small segment of a company’s trading community. In 2008 we expect to see a growing acceptance of third-party networks, created by integration hubs and SaaS providers that enable companies to more rapidly and easily connect to a broader segment of their customer, supplier, and service provider bases. We will also see some game-changing strategies in the B2B connectivity market that will alter pricing structures and deployment options.

10. What-if analysis and simulation-based tools see growing adoption: Gone are the days when users expected a black-box optimization engine to churn their data, model their problem, and generate a definitive optimal solution. User companies are now more interested in decision-support tools that, while still using optimization techniques, can allow them to conduct scenario planning, perform what-if analysis, and compare the trade-offs among multiple options. Similarly, simulation techniques will see wider adoption as the emphasis continues to shift from the ever-elusive “single optimal solution” to a better understanding of the effect of different supply chain decisions on the top line, customer-service levels, and other business priorities.

In 2008, global companies will continue to focus on supply chains as a necessary enabler for business growth. To do that, companies will search for better strategies to manage their extended supply chains profitably. These strategies will span the deployment of technologies like RFID and S&OP and the analysis of alternative business models like both near-shoring and expanded SCM and logistics managed services. Companies will also focus on alleviating supply chain challenges that could negatively affect their long-term growth potential, including the shortage in SCM talent, limited connectivity, and increased supply chain risk in global value networks.

Source: http://www.amrresearch.com

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