Thursday, December 22, 2011
Long Promised and Anxiously Awaited Proposed International Traffic in Arms Regulations (ITAR) Part 129 Leaves Much to Be Desired….
Additionally, if you want a right between the eyes assessment of its significant impact and implications, read the two articles in Jim Bartlett’s Ex/Im Daily Update from Clif Burns, Counsel, at Bryan Cave LLP’s Washington DC Office. The first titled “DDTC Releases New Proposed Brokering Rules” is in the Monday, December 19th, 2011, edition. The second: “And It Just Gets Worse and Worse“ is in yesterdays, December 21st edition.
If your organization or you are in any way affected by these changes, I strongly encourage you to take the time and make the effort to submit comments. They are due by February 17th, 2012. Do not expect the US Government to appreciate or understand the impact and implications, unless you tell them. In the context of changes like this or evolving Export Control Reform, you have got to speak up. If you do not, you deserve what you get. Remember: New does not necessarily mean better.
NOTE: If you are an Empowered Official or trade compliance professional at any level and you are not already on distribution for Jim Bartlett's Ex/Im Daily Update, you most definitely need to be! Make your request directly to Jim at James.Bartlett@NGC.com. I guarantee you will find it invaluable. Consider it a fitting Christmas present to yourself and your organization.
Wednesday, November 23, 2011
SOUTHWEST AEROSPACE & DEFENSE TRADE COMPLIANCE FORUM, Las Cruces, New Mexico; April 4-5, 2012 - A Unique Outreach, Education and Training Opportunity!
Day one Seminar topics include: Overview and Update on US Export Controls; International Traffic in Arms Regulations (ITAR) HOT Topics: State Department Trends, Defense Service Exports, Export Control Reform Initiatives, Agreements, Brokering, Third-Country/Dual Nationals, D-Trade, Merger & Acquisition Due Diligence, and much more…; Automation & Software Essentials in Trade Compliance; Industry Panel - How to Successfully Navigate the ITAR Minefield; Enforcement Update and Latest Consequences of Non-Compliance with Important Case Studies and Lessons Learned. Day one ends with a Q&A session followed by a networking reception.
On day two attendees have two workshops to pick from.
TRACK 1 is “Challenges Facing Empowered Officials and Trade Compliance Professionals: Minimizing Exposure, Liability and Risk” and includes sessions on Investigations, Disclosures and Decision Making; What the Regulations Don’t Say and How to Prepare for What’s Ahead, Hands-on Interactive Case Studies and ends with a presenter Q&A period.
TRACK 2 is “Commercial Space and the ITAR” with sessions on What Every Commercial Space Entrepreneur Needs to Know; USML Categories IV, VIII and XV, as well as Relevant CCL Entries; Obstacles to Export; Interagency and Regulatory Conflicts Launch/Spaceflight Insurance Issues, Defense Services, etc.; Spaceports and the ITAR: Compliance Requirements for the Owner, Operators, Tenants, Suppliers, etc.; Hands-on Interactive Case Studies and also ends with a presenters Q&A.
In the afternoon of day two there is a special Spaceport America Tour.
For a flyer with additional details including hotel information, a complete agenda and registration link, go to http://www.scribd.com/doc/76317513/Southwest-Aerospace-Defense-Trade-Compliance-Forum-Flyer.
This program is intended for anyone who deals with global trade compliance (including exports, imports, customs, logistics, business development, marketing, procurement, engineering, operations, security, human resources, contracting, supply chain...) and related regulatory, compliance and enforcement issues.
Sunday, October 16, 2011
FY-2010 and 2011 State Department Enforcement Statistics - Is an Organization You Know or Work with Included?
During his very well done and informative informal remarks, he reviewed and discussed DDTC DTCC compliance, enforcement and settlement statistics and trends for FY-2010 and 2011. He approved public release and distribution of the data.
The one page document is available online at http://www.scribd.com/doc/68891888/DDTC-DTCC-Disclosure-Stats-101211.
Tuesday, October 11, 2011
Supreme Court Denies Dr. Roth Appeal - CASE CLOSED!
Roth, now 73, will likely serve his four-year sentence in a minimum security prison close to his family near Knoxville, TN. He is eligible for early release after serving 86% of his term. Additionally, he may be allowed to spend the last 6 months of his sentence in a halfway house.
According to prosecutors Jeff Theodore and Will Mackie, Roth repeatedly and arrogantly ignored warnings because he disagreed with the Arms Export Control Act (AECA) and International Traffic in Arms Regulations (ITAR) restrictions. Roth and his lawyers countered he was merely ignorant of the law and that the AECA and ITAR only applied to finished products and not to those in research and development.
If your organization does any work with academic institutions and/or research and development facilities, you need to be well up-to-speed on what happened here. Dr. Roth has been and remains “the example” to point to regarding knowing and willful violations of the AECA and ITAR in the academic arena and what ultimately happens to those who intentionally violate the law.
An updated version of the one-page Indictment Summary is available on my Linked in Homepage in the “View Full Profile” mode at http://www.linkedin.com/in/johnpriecko. Scroll down to SlideShare Presentations and click on “October 10th Dr. John Reece Roth Updated Indictment Summary.” A copy is also available online at http://www.scribd.com/doc/68421595/Dr-John-Reece-Roth-Updated-Indictment-Summary-101011.
Wednesday, August 17, 2011
1st ARIZONA EXPORT COMPLIANCE SUMMIT - September 7th & 8th, 2011
Further details and registration are available at http://www.regonline.com/azexportsummit or from contact Sally Chambers, 480-884-1658 or sally.chambers@trade.gov, U.S. Commercial Service, Arizona. Registration discounts are available for ICPA members and there is a special rate at the hotel for attendees.
For a two-page flyer on the program go to: http://www.scribd.com/doc/62509935/1st-ARIZONA-EXPORT-COMPLIANCE-SUMMIT-Flyer-September-7th-8th-2011; and for a Detailed Agenda: http://www.scribd.com/doc/62510410/1st-ARIZONA-EXPORT-COMPLIANCE-SUMMIT-Detailed-Agenda-September-7th-8th-2011.
Monday, August 15, 2011
October 20th ESSENTIALS of US EXPORT CONTROLS and TRADE COMPLIANCE for Practitioners and Counterparts in the Maryland, Virginia and Washington DC Area
This engaging, instructive and interactive program is a MUST ATTEND if you: Think your organization’s exports are not regulated; Are not sure your organization’s exports are regulated; Are certain your organization’s exports are regulated.
The agenda includes: An Overview of US Export Controls: the Essential Players, Policies and Processes, the Critical Importance of Jurisdiction, Consequences of Non-Compliance, Related Hot Topics and Case Studies, Export Control Reform: Impact and Implications, Interactive Trade Compliance Automation and Software Workshop, a local area Industry Panel with three representatives from diverse small, medium and large companies who will share best practices, lessons learned and how to most effectively navigate the demanding and regulation driven minefield. Q&A is included with each session and periodically during the program to ensure all your questions are addressed.
In the afternoon there are also free 30-minute individual sessions with the presenters to discuss your issues of interest. Sign-up for these (first-come first-served) when you register online. Do not miss this unique opportunity!
This valuable education and training is hosted by the US Commercial Service and the Virginia-Washington DC District Export Council and jointly sponsored by: Trade Compliance Solutions (TCS), Management Dynamics Inc (MDI), the law firm of Jones Day (JD), Northern Virginia Technology Council (NVTC), Virginia Economic Development Partnership, (VEDP), The Export Practitioner and International Compliance Professionals Association (ICPA).
A copy of the one-page flyer is available at http://www.scribd.com/doc/62284732/Oct-20th-Export-Essentials-Flyer. For more information, please contact: Emily Thornton, Phone: 404-418-5490, Email: emilythornton@managementdynamics.com. Register now at http://bit.ly/usexportcontrol. There are discounts for DEC, NVTC and ICPA members.
Friday, July 1, 2011
Condensed Version of the US Department of State Settlement with BAE Systems plc--Intriguing Food for Thought...
This template summary is a factual overview of the two-thousand five-hundred and ninety-one alleged violations of the Arms Export Control Act and International Traffic in Arms Regulations for BAES unauthorized brokering of US defense articles and services. The overall case and details make for “very interesting reading.”
NOTE: In my experience in putting these summaries together for the last 8 years, this is one of the most convoluted and inconsistent settlements ever. When carefully scrutinized, one has to wonder what the message from DDTC is. Clearly there were no winners here, but the obvious disconnects between the facts stated and in the settlement documents and actions taken, do not track.
To really appreciate all this, you must carefully read the entire settlement package on the DDTC website and then start comparing the text in different sections and with the consequences. I recommend you do just that and see what conclusions you come to and what you take away. Add your candid comments to this discussion thread.
This summary consolidates material from the Proposed Charging Letter, Consent Agreement and Order. It is a much more concise and consistent summary in a format that is particularly useful for C-level executives and trade compliance professional’s education/training at all levels.
Thoroughly reading settlements and monitoring various US 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 more quickly digest and compare individual cases.
This settlement summary is also available on my LinkedIn home page in the “View Full profile” mode at http://www.linkedin.com/in/johnpriecko. Scroll down to the SlideShare Presentations portion and then click on the graphic “BAE Systems plc Settlement Summary.”
Tuesday, May 31, 2011
September 7th and 8th Arizona Export Compliance Summit – Seminar, Networking Reception, Workshops and No Cost One-on-One Sessions
If you are involved in any way with international trade and the related regulatory requirements this is a must attend local/regional effort that has a proven track record of excellence with experts in the field who make themselves available before, during and after the sessions.
Experienced and insightful speakers will review a wide range of issues facing trade compliance executives, empowered officials and practitioners at all levels including: automation in trade compliance; best practices; export control reform; merger and acquisition due diligence; enforcement, disclosures and investigations; real world case studies, lessons learned from industry peers; and much more ….
The program is being held at the Scottsdale Resort and Conference Center, 7700 East McCormick Parkway, Scottsdale, Arizona 85258. Further details and registration are available at www.regonline.com/azexportsummit. There are event discounts for ICPA members. There is also a hotel discount for attendees.
The first day ends with a free networking reception to connect with counterparts and the speakers in preparation for the 2nd day workshop on Challenges Facing Empowered Officials and Trade Compliance Professionals and the afternoon free one-on-one sessions with presenters to discuss attendee issues of interest.
Hosts for this event are the US Commercial Service and Arizona District Export Council. Sponsors include Trade Compliance Solutions, the Law Firm of Snell and Wilmer LLP and Management Dynamics Inc. Industry Partners are the Arizona Chamber of Commerce & Industry, Arizona International Growth Group, Arizona Technology Council, The Export Practitioner and International Compliance Professionals Association.
Along with cost effective and superb outreach, education and training, the agenda also provides extensive networking opportunities to connect with counterparts and get up-to-speed with what’s going on across the trade compliance community.
Tuesday, March 29, 2011
Do NOT miss the upcoming four-part Audio Conference Series "ITAR Basics for Exporting Industry Employees" beginning Wednesday, April 13th
This comprehensive remote-learning program introduces the International Traffic in Arms Regulations (ITAR) to employees of defense suppliers, manufacturers, exporters and brokers who are newly assigned to export compliance responsibilities as well as those who must understand ITAR rules to do their jobs, including personnel involved in sales and marketing, engineering and design, international and government contract management, mergers and acquisitions, finance and billing, human resources, legal, operations, security, procurement, shipping, logistics and transportation.
It is also for those who work for commercial and dual-use firms who need or want to know how the ITAR does or might affect their organizations. Additionally, if you think you are ITAR free or do not have any ITAR related issues, you could be “very wrong.” If you are, it can be a costly mistake on many fronts.
Each of the four 90-minute sessions is on Wednesdays from 2:00 to 3:30 P.M. Each session will address different parts of the ITAR. Programs will be held on April 13, 2011; April 27, 2011; May 11, 2011; and May 25, 2011.
The instructors, who are proven expert legal and compliance specialists, include: John Priecko, Trade Compliance Solutions; Greg Hill, DRS Technologies, Inc.; Suzanne Kao, Huffman Riley Kao PLLC; Ginger Carney, Network Centric Operations Industry Consortium; and Phil Rhoads, Rhoads & Reed PLLC. All the sessions will be moderated by Sam Gilston, Editor and Publisher of The Export Practitioner and Washington Tariff and Trade Letter.
If you are unable to participate in this four-part, remote-learning series in person, you can order a CD recording of all four sessions along with all the PowerPoint slides.
For more information and registration go to http://www.exportprac.com/ht/d/Store/name/BRIEFINGS/pid/7801 or call Gilston-Kalin Communications, LLC at 202-463-1250. If you would like a copy of the complete flyer, contact John Priecko at 703-895-1110 or jpriecko@comcast.net. The flyer is also conveniently posted on John's LinkedIn page at http://www.linkedin.com/in/johnpriecko, in the “View Full Profile” mode under SlideShare Presentations.
Thursday, March 17, 2011
ATTENTION: Free Webinar “Export Compliance: Best Practices in High Volume Screening” live Thursday, March 31st, 2 PM EST
American Shipper's Associate Editor Eric Kulisch moderates a one-hour Webinar broadcast exploring the latest trends and best practices in screening restricted parties.
When do you screen? Who do you screen? How often do you screen? How many lists are enough?When it comes to screening, what does the US Government require? Is manual screening still even possible or prudent? and much more…
The discussion will include a focus on the solutions Verizon Business employs to overcome the compliance challenges faced by a hi-volume exporter. This session is hosted by Management Dynamics, Inc. and features panelists: Kishore Gundamraj, Export Compliance Manager, Verizon Business; Nathan Pieri, SVP Marketing, Management Dynamics, John Priecko, President and Managing Partner, Trade Compliance Solutions
Register at http://www.americanshipper.com/NewWeb/hitechexport/index.asp
Saturday, March 12, 2011
New Coalition Seeks Best Practices for Export Control Compliance
Different than other organizations like the Defense Trade Advisory Group, the President’s Export Council Subcommittee on Export Administration and the six Department of Commerce Technical Advisory Committees, the CEEC is not directly affiliated with any US Government (USG) organization. However, the CEEC advocates mutually beneficial ongoing relationships with virtually any individual or organization that has an honest interest and stake in the export control equation and wants to improve long overdue compliance consistency.
The CEEC is already working with the USG on various initiatives. It was invited and briefed the members of the Export Control Reform Task Force and Interagency Export Control Modernization Compliance Working Group. The CEEC was also invited to make a presentation to the US Department of Commerce, Bureau of Industry and Security, Regulations and Procedures Technical Advisory Committee to get them in the loop and further explore mutual benefits.
Other discussions are underway and more such sessions will follow with organizations like the US Commercial Service, various trade and professional associations, the National District Export Council and Export University.
This is truly a team effort seeking clarity, consistency and specificity in export compliance best practices and standards. The CEEC’s mission statement is to Identify and recommend export compliance best practices that provide practical guidance to better detect and prevent violations of law.
For more information about the CEEC, its various initiatives and how you might contribute, please contact John Priecko, 703-895-1110 or jpriecko@comcast.net. A CEEC Fact Sheet is also available on John’s LinkedIn home page in the “View Full Profile” Mode at http://www.linkedin.com/in/johnpriecko.
Monday, February 7, 2011
Do NOT miss the free Sunday evening reception at the Bureau of Industry & Security, Export Control Forum (ECF) in Irvine, California!
If you plan to attend the reception, please RSVP with an email to emilythornton@managementdynamics.com no later than February 22nd.
As a seasoned ECF attendee and trade compliance veteran, the reception is a great way to start the ECF and a proven way to connect or reconnect with counterparts.
Based on first-hand past experience the US Government (USG) organizers and high-level speakers from DC will also be there, readily available and always willing to discuss whatever is on your mind. Thus, I enthusiastically encourage you to attend both days of the ECF and do NOT miss the valuable networking reception to kick things off.
The ECF and Sunday night reception are great ways to connect and get up-to-speed on what’s going on in the world of export control. It’s also a timely opportunity to get the inside scoop on what’s happening in your region and what’s really going on with export control reform and other timely and hot topics.
Monday, January 17, 2011
If you are or aspire to be an Empowered Official (EO), responsible authority or senior trade compliance person, there is a new LinkedIn Group for you.
The idea behind EO Net is to provide an open, hands-on, practical application focused forum to discuss case studies, challenges, hot topics and issues of interest. We enthusiastically welcome factual, honest, courteous and productive communications on any related topic.
Membership is open to interested practitioners who are willing to share their experience, expertise, lessons learned and resources to better appreciate, understand and deal with the responsibilities, roles and real world exposure, liability and risk that come with the EO and senior trade compliance leadership positions.
Unfortunately some EOs are target of opportunity selections and may not be the best or right person for the job. Additionally, the regulations are inadequate in preparing EOs and others for what they are in store for or addressing the breadth and depth of the problems they will face. Adequate selection criteria do not exist in the Export Administration Regulations or International Traffic in Arms Regulations. All too often people in this career field learn the hard way on the job.
Further, EOs and other senior trade compliance team members are critical elements in any trade compliance program. They are crucial to success or failure and instrumental in executing and maintaining a culture of compliance (or non-compliance) from the top down, vertically, laterally and globally in an organization.
The goal behind EO Net is to help educate, train and inform so we can collectively better deal with problems, situations and as a result better comply with the letter and spirit of the law. We encourage and welcome you participation and contributions....
If you have any questions or suggestions on how to maximize the benefits from this unique group, feel free to contact me directly at 703-895-1110, jpriecko@comcast.net or via my LinkedIn profile at http://www.linkedin.com/in/johnpriecko/.