2012 Update - Summary and a Message of Consequence…

The US Department of Commerce, Bureau of Industry and Security (BIS), held their 2012 Update Conference on Export Controls and Policy, July 17-19, in Washington, DC.  This is the largest one to date with more than 1000 attendees.  Overall it was Outstanding!

The focus was clearly on evolving Export Control Reform (ECR).  There was also significant emphasis on enforcement and individual accountability.  All of the presentations are available on the BIS website at http://www.bis.doc.gov/seminarsandtraining/update2012/presentations.htm?goback=%2Egde_2636417_member_136833.   

I was surprised each day at how many attendees who were not tuned-in to what is going on with ECR and particularly the migration of items, parts, pieces, components… from the US Munitions List to the Commerce Control List and the related significant impact and implications.  Based on many questions asked or submitted there are many not keeping track of the relevant Federal Register (FR) notices.  

The concern is, if people attending Update do not know what is going on to the degree they should, what about all those who were not there?  Are they out of the loop?  Are they overwhelmed with FR notices?  Are they still skeptical about ECR?  Are they waiting for the rules to actually take effect?

There is no doubt.  ECR is having and will have dramatic impact with a long list of implications.  Thus, it is essential to be well aware of what is going on, provide the US Government (USG) your perspective and prepare for the future. 

When it comes to FR notices of proposed rulemaking, the resounding message from USG speakers is to strongly encourage everyone with any vested interest across the trade compliance industry to thoroughly consider the Proposed Rules and respond accordingly.  Your organization’s views are vital to the process and needed to arrive at the best possible Final Rule.   

If you are a small organization do NOT discount or underestimate the value of your unique perspective.   Please take the time to analyze the impact and implications to your organization and provide feedback.  Do not assume your organization’s views are not important, will not carry any weight or get lost in the pile with other submissions.  The Department of Commerce really wants to know.  Do not let your organization and you get left out!

The BIS staff guarantees they will read and equitably consider any and all inputs and factor them into the discussions and deliberations when putting together Final Rules.  They have consistently proven they do exactly that.  Please take the time to do your homework and contribute productively to the way ahead, otherwise you will not have any firm foundation to complain about ECR outcomes detrimental to you or your organization.

The 2nd Annual Arizona Export Compliance Summit - A Superb Education and Training Opportunity

Last year’s 1st Annual Arizona Export Compliance Summit in Phoenix was a resounding success!  This year the event moves South to Tucson and the large and growing technology sector there.  Participants are again welcome from across the country and internationally.  If you are tired of the same speakers and subjects presented the same way year after year this program is for you.

You are invited and encouraged to attend this September 12-13, 2012, Arizona District Export Council and US Commercial Service hosted low-cost, high-quality, unique, practical application-oriented hands-on program at the Westward Look Wyndham Grand Resort and Spa, 245 East Ina Road, Tucson, Arizona 85704.

This two-day program includes the seminar, networking reception, workshops, roundtables and free afternoon, no-obligation one-hour sessions with presenters.  It is jointly sponsored by the law firm of Sandler, Travis and Rosenberg, PA; Sandler & Travis Trade Advisory Services, Inc; Trade Compliance Solutions, exportassure and Raytheon. 

Other partners include the Arizona Chamber of Commerce & Industry (ACCI), Arizona Technology Council (ATC), Arizona International Growth Group (AZIGG), The Export Practitioner, Tyler Search, International Compliance Professionals Association (ICPA) and NASBITE International.

For agenda details and more information go to the ADEC website at http://www.exportaz.org/event/2nd-annual-arizona-export-compliance-summit/ or for registration go to http://www.regonline.com/azexportsummit2012.  Discounts are available for ACCI, ATC, AZIGG and ICPA members, government, faculty and students.

“Jurisdiction and Classification: Essentials Made Simple” -- A Timely Workshop You Do NOT Want to Miss!

If you are attending this year’s ICPA Conference in Atlanta, there is a Thursday Morning, March 22nd, Workshop made just for you and your organization.

This excellent practical application and case study-based effort covers the basics of how to consistently and methodically determine jurisdiction and classification. Decisions here are the essential basis from which all other compliance decisions flow. Making a mistake poses a huge risk and the possibility of numerous violations of the Export Administration Regulations and/or International Traffic in Arms Regulations.

This timely program focuses on step-by-step processes with real life examples. Participants will gain invaluable hands-on experience and learn useful tips to apply day-to-day in their own unique organizations. Attendees will receive invaluable insight on Export Control Reform and the direct impact and implications on the movement of Articles and Services from the US Department of State to the US Department of Commerce.

You need to know now just how the 600 series Export Control Classification Numbers (ECCNs) and the new holding ECCN will change how you do business. The session is guaranteed to be educational, entertaining and interactive. There are also some special surprises for seasoned export compliance practitioners who attend.

As a result of meetings over the last few weeks with representatives from both the Commerce and State Departments, this timely workshop will have up-to-date details on statistics, trends, what’s coming and how best to prepare for migration from the US Munitions List to the Commerce Control List and Commerce Munitions List. Along with the PowerPoint slides there are also a variety of useful supplemental materials.

REMINDER: Do NOT Miss the Sunday Evening Networking Reception at the Export Control Forum - A Perfect Way to Kick Things Off - You Are Invited!

For those of you who plan to attend the Bureau of Industry & Security Export Control Forum (ECF) in Irvine CA, 27-28 February, 2012, at the Hyatt Regency Hotel, do not miss this no cost and timely opportunity to get things started, eat, drink and meet attendees, exhibitors, organizers and speakers….

This Networking Reception hosted by Amber Road (formerly Management Dynamics, Inc.) is Sunday February 26, 2012, 7-9 PM, at the 6ix Park Grill, 17900 Jamboree Road, Irvine, CA 92614 (inside the Hyatt Regency where the ECF is being held). If you plan to go, please RSVP at http://bit.ly/AmberRoadReception.

Also: Please do all you can to help spread the word to your counterparts....

Dr. Roth Finally Begins Four-Year Sentence Term…

Former University of Tennessee professor Dr. John Reece Roth has begun a four-year sentence term stemming from his conviction after a jury trial for conspiracy, wire fraud and 15 counts of exporting defense articles and services without a license. Basically he was found guilty of illegally exporting military research data.

The high-profile case has received enormous and ongoing press and a great deal of attention in and across the academic community as well as research and development facilities across the country. As a direct result of the Roth case and increased US Government outreach, education and training, colleges, universities and other academic institutions are placing a great deal more emphasis and focus on deemed exports, export controls and regulatory compliance.

Dr. Roth and this case quickly became “the example” to drive home the importance of compliance and technology protection. Dr. Roth took his case all the way to the Supreme Court, but they elected not to hear it. Thus he exhausted all his options to avoid going to prison.

The February 1st, 2012, Department of Justice Press Release from the US Attorney in the Eastern District of Tennessee is available at http://www.scribd.com/doc/80175332/Dr-Roth-Begins-Four-Year-Sentence. For an updated concise one page summary on the case, go to http://www.scribd.com/doc/80177478/Dr-Roth-Indictment-Summary.

One positive outcome in the aftermath of this case is the creation of the Association of University Export Control Officers. More about this close net group on their website at http://aueco.org/.

Join Trade Compliance Professionals at the 2012 NETWORKING RECEPTION Kick-off for the Export Control Forum in Irvine, CA – Sunday, February 26, 7-9 PM

You, your clients, counterparts and anyone interested are all enthusiastically invited to attend the Amber Road (formerly Management Dynamics) Sunday Evening, February 26th, Networking Reception at the 6ix Park Grill, in the Hyatt Regency Hotel, prior to the 2012 Bureau of Industry & Security (BIS) Export Control Forum (ECF).

Please do what you can to get this message out to all your connections in and across academia, industry and applicable/interested local, state and US Government organizations as soon as possible. Anything you can do to energize your network to attend is most gratefully appreciated. A one-page invitation is available at http://www.scribd.com/doc/78609999/DOC-BIS-ECF-Networking-Reception-Invitation.

This is a GREAT way to connect. Last year’s Sunday Networking Reception proved to be a perfect way to kick things off and lay groundwork for the ECF and future--free food, drinks and even better company!

If you or anyone you know plan to attend the 2012 BIS ECF in Irvine CA, 27-28 February, 2012, at the Hyatt Regency Hotel, do NOT miss this no cost and timely opportunity to meet & greet attendees, exhibitors, organizers, speakers…. If anyone decides to go, they need to RSVP using the Internet address/link on the attached flyer/invitation.

For the complete US Department of Commerce, BIS, ECF agenda, more details and registration, go to: http://www.bis.doc.gov/seminarsandtraining/irvine_ca_february_27_28_2012.htm.

CERTIFIED GLOBAL BUSINESS PROFESSIONAL (CGBP) a Proven and Viable Program – Very Much Worth Considering!

For those of you who are looking for a truly valid, independently verified certification program, this is one. Based on analysis by Betty Fishman, a reputable, experienced, unbiased, third-party Certification and Testing Consultant, with no vested interest, the CGBP program is, in fact, a credible certification that meets the requisite standards with all the necessary independent safeguards and no conflicts of interest.

Here is a link to the NASBITE International [a 501(c)(3) non-profit] website that validates the CGBP credential: http://nasbite.org/cgbp-info/. Check it out for yourself.

I have talked to Donna Davisson, NASBITE’s Executive Director and a variety of NASBITE CGBP’s. They have the right answers, a proven history of professionalism and the documentation to back it up. The evidence proves NASBITE took the time and thoroughly did their homework in setting it all up. Further, they accurately portray what is offered and the value of being a CGBP. Unlike other bogus certifications, they make no false or misleading claims and do not misrepresent who they are and what they do.

According to Ms. Davisson, there are more than 1200 CGBPs. Additionally, senior representatives from the US Department of Commerce indicate more than 100 US Commercial Service Trade Specialists and managers have been certified and more are slated to go through this year.

Further, NASBITE International is having their 25th Anniversary and Annual Conference in Portland, Oregon, April 17-21, 2012. I am going to see first-hand and learn more about the organization and their programs. I also want to talk to as many CGBPs as possible face-to-face. I recommend you consider doing so as well in the interest of diversity, due diligence and expanding your learning and knowledge base about what is out there and what is going on in the competitive, dynamic and demanding global trade compliance community. Here is a link to their Conference website: http://nasbite.org/conference-info/. Again, check it out for yourself.

This is an opportunity to color outside our normal education and training boxes, do something different, expand the possibilities and perhaps even enhance our expertise and credibility in a more meaningful way.

I did not know NASBITE International or the CGBP program existed until the Fall of 2010 as a result of our in-depth research in conjunction with The Export Practitioner article: “Certificate vs. Certification: Buyer Beware!” I am constantly amazed about what I do not know and/or have not heard about. This is a prime example of a long overdue and timely discovery for me, but hundreds of others are already well connected with NASBITE International and the CGPB program. I recommend you find out more for yourself and your organization….