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Exporting in Troubled Times

Author/Presenter:            

 Length of Program:            2 hours

Program Description:  This program is a discourse on the changing face of United States Export Law post September 11, 2001.  This course provides three elements: (1)  A basic understanding of the elements of U.S. Export Law;  (2)  A comparative analysis of the law as it was pre-September 11 and what is anticipated to occur in the post-attack period; and (3) Solution-oriented counsel focused on maintaining a successful export program despite these changes.

 Content for the program will include the following:

 I. Introduction and Background:  Historical development of US Export Controls

 A. Export Compliance

1. What is export compliance – exporting what?  complying with what?

2. The Who’s Who of Export Compliance

                                    a.  The Commerce Department

                                    b.  The Treasury Department

                                    c.  The State Department

                                    d.  The Department of Defense

e.  Other Agencies that have a piece of the export pie

3. The Ten Prohibitions:  Review of the law, its sources and how to keep current

a.  Acronym Identification

b.      Introduction to the web-based resources of each agency

c.      What your business needed to know before September 11, 2001

d.  What happens if you are not in compliance now?

                                                       

B.  Sanctions and Export Controls

1.  Sanctions of Countries and Political Groups

2.  Export Controls on Products

3.  Export Controls on Uses

4.  Export Controls on End-Users

 

C.  Know Your Customer

1.  Studying the “Red Flags”                                    

a. Case Studies of Red Flags that should have been recognized

2.  If Your Deal With Denied Persons You Will Become One

                                    a.  What is a denied person

                                    b.  How do I know if I am dealing with one?

c.  How can I extricate myself from a bad transaction?

d.  When must I report suspect behavior to the government?

 

D.  How can I deal with Sanctioned and Embargoed Countries or denied persons?

1.  The basics of export licensing

 

II. Pre- and Post-September 11, 2001 exporting – a Basic Primer

 

A.  Who was (and is or is not) sanctioned?

B. What if I have uncompleted business transactions in what is now enemy territory?

                                   

III. Exporting Programs – How to Continue Doing Business

 

A.  You may not be able to continue business as usual

B.  A comprehensive look at the export chain and how it works now

C.  Resources to continue or complete transactions

D.  Documentation requirements and retention policies

E.  Dealing with foreign distributors and sales agents

 

IV. Questions and Answers

 

Target Audience: Companies that export any type of product, technology or software; distribution managers; international sales and marketing managers; traffic managers;  distributors whether located in the United States or abroad; business and commercial law attorneys; intellectual property attorneys; business consultants; freight forwarders and brokers; transportation companies (air, surface and ocean); banking officials.

Specifically, the target audience would be anyone who needs to understand how U.S. export law works and that includes all persons and businesses, domestic or with domestic affiliations or ties and their distributors in the United States or abroad if they export any technology, software or goods from the United States to other countries.

 

At the conclusion of this program, participants will understand:

  1. The basics of the U.S. export regulations and how they work.  This program will not be specific enough to target industry segments or segment exporters, but it will permit the participants to gain sufficient insight to find their way to information that can serve specific segments.

  2. How to use the government websites.  This program includes an overview of the websites that contain the legal information needed to be an exporter, contacts at various government agencies and an overview of the contents of each of the important Internet sites.

  3. How export laws can change and why they change, especially during times of conflict.

  4. The prognosis of anticipated changes, or a review of changes that have occurred in export law.

  5. Where to go for more resources and follow-up training opportunities.

 

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