November 8th and 10th Workshops on “Challenges Facing Empowered Officials (EOs) and Trade Compliance Professionals”

There are two upcoming, unique, low cost, high-quality workshops in Southern California focused on individual and organizational exposure, liability and risk and key regulatory requirements, difficult problems and potentially devastating consequences that can have lasting dramatic impact.

These workshops are a MUST ATTEND if you are in any way involved in international trade compliance and want to be better prepared for a wide-range of possibilities. In particular, if you are an EO, responsible authority or trade compliance practitioner at any level, you do not want to miss this timely opportunity for hands-on, practical application case study-based education and training.

The programs also include first come/first served no-cost one-hour afternoon sessions to discuss your issues of interest with presenters.

For more details and online registration including an ICPA member discount go to:
LA: http://www.buyusa.gov/pacificsouth/compliance.html
San Diego: http://www.regonline.com/trade_compliance_workshop

One page flyers for both events are also available on my LinkedIn profile in the “View Full Profile” mode at http://www.linkedin.com/in/johnpriecko/.

If you have questions you are also welcome to contact me directly at 703-895-1110 or jpriecko@comcast.net

Overview and One-Page Summary of the State Department’s Settlement with Xe Services LLC

As anticipated, following the State Department's Directorate of Defense Trade Controls (DDTC) settlement with AAR International, Inc. (AAR) in mid-July, DDTC settled about a month later with Xe Services LLC (Formerly Blackwater Worldwide), the seller and party responsible for the alleged violations of Presidential Airways, Inc, and numerous other alleged violations. Xe sold Presidential Airways, Inc. to AAR in April 2010 for $200 million.

A one-page summary of the Xe Services LLC Proposed Charging Letter, Consent Agreement and Order that addresses the 288 alleged violations of the Arms Export Control Act and International Traffic in Arms Regulations (ITAR) is available at
http://www.scribd.com/Xe-Services-081810-Settlement-Summary-090610/d/37482307. It consolidates 67 pages of material into a concise and consistent format that’s particularly useful for C-level executives and trade compliance professional’s education/training at all levels.

A unique aspect of the case is that while many of the alleged violations described were clearly knowing and willful, there’s no mention of that anywhere in the settlement documents. In fact, the words “knowing” and/or “willful” are nowhere to be found. That’s interesting in many respects including prior settlement precedents where there were knowing and willful violations and the State Department went out of their way to emphasize the ITAR Parts 127.1(d) and 127.3 violations.

Additionally, it’s interesting to note that Erik Prince, Blackwater’s founder and owner, has moved to Abu Dhabi and has the company up for sale. In closely reading the complete settlement summary and based on other research, it’s clear Blackwater had extensive, ongoing, serious and systemic compliance problems. The nature, multitude and significance of the repeated failures to comply reflect a culture of non-compliance from the top down.

In that regard, in April 2010, the Department of Justice indicted 5 senior Blackwater employees for conspiring to violate federal statutes, filing false forms, unlawful possession of automatic weapons, unregistered firearms and obstruction of justice. Sources indicate enforcement and other related actions continue.

If you are a trade compliance professional, you are encouraged to read the entire Xe Services LLC settlement package. It provides a wealth of valuable information. Monitoring various U.S. Government enforcement and compliance resources should be an integral part of any trade compliance professional’s reading and an essential element in any comprehensive Trade Compliance Program. One-page summaries like these help get the word out in a bite-size way and allow readers to quickly digest and compare individual cases.

*Mr. Priecko is the President and Managing Partner of Trade Compliance Solutions, a network of experienced compliance-related professionals. He is a trade compliance veteran with more than 15 years of experience. He can be reached at 703-895-1110 or jpriecko@comcast.net.

The BIG News at Last Week's 2010 Update Conference on Export Controls and Policy Was Not President Obama’s Comments

Although it was precedent setting and reassuring to hear the President of the United States talk about and avidly support needed and long overdue export control reforms and use a variety of terms known to trade and export control practitioners (i.e. control lists, jurisdiction, licensing policies, transparency…), the news with immediate and significant impact that you may have missed is the pronounced shift in enforcement to focus on individual accountability.

Note, Under Secretary for Industry and Security Eric Hirschhorn’s opening remarks: ”But--and this is an important but--we are planning increased efforts against individuals who flout the rules and against companies whose inadequate internal compliance programs tell us that they are indifferent to whether they follow the rules.”

And Assistant Secretary for Export Enforcement David Mills’ expanding comments: “But, we will also be taking a harder line in other circumstances involving willful misconduct. While we have typically sought penalties against companies more so than individual employees, as Under Secretary Hirschhorn pointed out yesterday, this is about to change. Going forward, when a violation is a deliberate action of an individual, we will consider seeking penalties against that individual - including the denial of export privileges, fines and imprisonment. The same will hold true for a supervisor who is complicit in these deliberate violations by subordinates.”

The Commerce Department case against Carol Wilkins at RF Micro Devices may have been an early indicator of this direction. Stay tuned here on upcoming settlements and investigations across the US Government to see how this plays out and whether it is a much more extensive initiative. In light of the overall enforcement direction in conjunction with export control reform, I would not be surprised. For example, let’s watch what happens to the 5 indicted senior managers at Blackwater who are on the block at the Department of Justice for knowing and willful violations?

In balance, it appears that accountability and responsibility will now more equitably fall on both the organization and individual. Will that combination have a greater impact on compliance and send a clearer message about corporate and individual exposure, liability, risk and the consequences of intentional wrongdoing? Will it also be a much more effective deterrent?

As food for thought: What impact will this change have on you, your trade compliance team, senior management, engineers, marketing/business develop types and others in your organization? What action will you take to ensure this message gets out?

*Mr. Priecko is the President and Managing Partner of Trade Compliance Solutions, a network of experienced compliance-related professionals. He is a trade compliance veteran with more than 15 years of experience. He can be reached at 703-895-1110 or jpriecko@comcast.net.

CBP Import Compliance Statistics

Despite the vast quantity of trade information we see every day, we rarely find information about what is happening to the import community as a whole; however, CBP recently released statistical highlights Mid-Fiscal Year 2010 (and 2009). Most interesting is the enforcement data provided below:

• During the first six months of fiscal year 2009, U.S. imports rapidly declined, however, seasonal patterns resumed by mid-year 2010, resulting in a moderate recovery.
• Imports are now at levels last seen in fiscal year 2006. Continued stability and modest growth are projected for fiscal year 2010.
• In fiscal year 2009, the total value of imports processed by U.S. Customs and Border Protection was slightly more than $1.7 trillion, a 25 percent decrease from the previous year. By year end 2010, however, it is projected that the value of imports will increase 6 percent, totaling $1.8 trillion.
• During the first six months of fiscal year 2010, CBP collected $15 billion in revenue. It is projected that $31 billion will be collected by year end.
• Consistent with recent years, only 29 percent of imported goods were dutiable. The remaining goods were duty free or free under tariff preference programs. (About 49% are unconditionally duty free and 22% are unconditionally duty free.)
• A total of $130 million in antidumping/countervailing duties were collected during the first half of fiscal year 2010, down slightly from the same period last year.
• After the Revenue Gap (projected vs. collected) declined for five consecutive years, preliminary measurements indicate that the level of uncollected duties rose to 1.4 percent, which is roughly equivalent to levels reported in fiscal year 2007.
• Based on a random sampling, 98.6 percent of the fiscal year 2010 imports were materially compliant with all U.S. trade laws and regulations. This compliance rate is slightly higher than recent years (This means that 2.4% of all import transactions are non-compliant.)
• Entry volume at the mid-point of fiscal year 2010 is 13 million. By year end, 27 million entries are expected, an increase of 5 percent from fiscal year 2009.
• China surpassed Canada as the United States’ top source of imports in fiscal year 2009, and is projected to maintain its lead through fiscal year 2011.
• In 2009 the global downturn was evident by the decline of commercial imports. The preliminary total for year end import value was at $1.7 trillion, a decline of 25 percent or $600 billion from the all time high of $2.3 trillion in FY 2008. Preliminary data for other key indicators were also lower, including revenue collections, down by 15 percent, and entries filed, were down 15 percent. At the close of FY09 most indicators show that imports stabilized to levels seen in FY05.

Commercial trade enforcement actions

• Through the end of FY09, CBP initiated more than 18,000 trade enforcement seizures valued at more than $300 million, which is comparable to FY08 enforcement levels. These include violations of intellectual property rights (IPR) having a preliminary count of 14,841 seizures with a total domestic value of $260.7 million.
• Textile quota seizures declined this year with a change in the laws eliminating quotas from China, however, import safety related seizures maintained FY08 levels at about 2,600 total seizures.
• Through the end of FY09, CBP initiated 488 commercial fraud penalties, compared to 453 in FY08, assessed at $98 million. Audits continue to be an effective tool for CBP in addressing larger importers beyond transaction by transaction reviews, with 345 completed audits, and collections of $24.9 million in revenue.
• CBP trade efforts strike a balance between facilitation and trade enforcement. Compliance levels in FY08 and preliminary levels for FY09 are at 98.6 percent and 98.5 percent respectively. This provides CBP with a measure of confidence that most imports into the U.S. are materially compliant for trade purposes, and provides a basis for partnership programs such as Importer Self-Assessment (ISA). ISA members are vetted carefully, and are considered to be among the most highly compliant importers, and are accorded benefits such as an increased level of cargo facilitation. The ISA program has grown by more than 10 percent this year, to 194 importers.
• The number of seizures for intellectual property rights (IPR) violations declined by one percent from 14,992 in FY08 to 14, 841 in FY09. The domestic value of goods seized decreased by four percent to $260.7 million from $272.7 million. China continued to be the top trading partner for IPR seizures in FY09 with a domestic value of $204.7 million, accounting for 79 percent of the total value seized. Footwear was the top commodity seized in FY09 with a domestic value of $99.7 million, which accounted for 38 percent of the entire value of infringing goods. The category of jewelry appeared on the top commodities list for the first time, accounting for 4 percent of the total value of IPR seizures by domestic value.
• Regulatory Audit completed 345 audits of importers and other parties involved in the process of importing goods in FY 2009 and had another 233 audits in progress. Regulatory Audit identified approximately $61.8 million in recommended recoveries, including user fees, and collected about $26.5 million in revenue.

For more information, charts and tables, go to: http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/trade_trends/itt.ctt/itt.pdf