Mitchell Shikowitz
From: Massachusetts Export Center [[email protected]]
Sent: Wednesday, April 08, 2015 9:13 AM
To: Mitchell Shikowitz
Subject: Compliance Alliance Update
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Compliance Alliance Update
Spring, 2015
You are receiving this email as part of your membership with the Compliance Alliance We have a lot to offer in this edition of our Compliance Alliance e‐newsletter! Join us for an Export Control Reform Discussion with Assistant Secretary of Commerce for Export Administration Kevin Wolf, learn about training and benchmarking opportunities for members this Spring, get updates on sanctions and software export controls, meet Compliance Alliance member Mitch Shikowitz of Agiltron, and more! In this issue...Invitation to Export Control Reform Discussion with Kevin Wolf
Speakers Announced for Upcoming BIS and DDTC Training
Spring Training & Benchmarking Opportunities for Members
Compliance 411
Sanctions Update | Software Export ControlsMember Profile ‐ Mitch Shikowitz of Agiltron, Inc.
Training Calendar
Trade Compliance Job Postings
Special thanks to Amber Road for their continued support as our patron sponsor Sincerely,
The Massachusetts Export Center Team
Special Invitation for Compliance Alliance Members Only
Export Control Reform Discussion with Assistant Secretary of Commerce for Export Administration Kevin J. Wolf Assistant Secretary Wolf will join Compliance Alliance members for an informal discussion on Export Control Reform, including progress to date, the current state of reform, and the outlook for the future. Assistant Secretary Wolf looks forward to an interactive exchange with participants and welcomes all questions! Don't miss this rare opportunity to hear directly from the country's top export control reform policymaker in an intimate and interactive setting. Date: Wednesday, April 15, 2015 Time: Registration 8:30 a.m.; Meeting 9:00 a.m. to 11:00 a.m. Location: Wyndham Boston Beacon Hill, 5 Blossom Street, Boston, MA Cost: No charge Registration: Compliance Alliance members only; pre‐registration required Register at www.mass.gov/export/compliance/register Note that this event is separate from the BIS "Complying with U.S. Export Controls" training event being held on April 14 & 15. You must register and pay separately if you would like to attend the training event.
Speakers just announced for BIS and DDTC training from April 14‐16 in Boston! "Complying With U.S. Export Controls," April 14 and 15, 2015
nearly sold out!
Ross Crumlish, Senior Sanctions Licensing Officer ‐ OFAC Heather Ashley Hrytsyshyn, Analyst, Trade Regulations Branch ‐ U.S. Census Bureau Betty Lee, Microbiologist, Office of Nonproliferation & Treaty Compliance ‐ BIS John McKenna, Special Agent‐in‐Charge ‐ Office of Export Enforcement Tim Mooney, Senior Export Policy Analyst ‐ BIS Kenneth Whaley, Export Counselor ‐ BIS "ITAR to EAR License Procedures," April 16, 2015
Spring 2015
Export Training
April 14 Complying with US Export Controls Part I (Boston) April 15 Complying with US Export Controls Part II (Boston) April 16 ITAR to EAR License Procedures (Boston) April 30 Global Trade Compliance Automation Benchmarking Roundtable (North Reading) May 6 Export School Fast Track Certificate Program (Sturbridge) May 13 Deemed Export Compliance & Technology Control Plan Development (webinar) May 20 Export Classification, Documentation & Valuation (Mansfield) June 5 Best Practices for End Use Screening (Burlington) June 11 Exporting Under
Jessica Blum, Compliance Specialist, Licensing ‐ DDTC Thomas Defee, Senior Engineer, Munitions Control Division ‐ BIS Yolanda Gantlin, Acting Chief, Sea and Night Vision Division ‐ DDTC Timothy Mooney, Senior Export Policy Analyst ‐ BIS Kenneth Whaley, Export Counselor ‐ BIS Space for both programs is filling up! Register now at: www.mass.gov/export
Training Benefits for Compliance Alliance Members
Free to Members!
Thursday, April 30 ‐ North Reading Global Trade Compliance Automation Benchmarking Roundtable Many exporters rely heavily on automation solutions to effectively manage their global trade and compliance operations. While these solutions have clear benefits for streamlining and expediting the global trade process, implementation, technical integration and operation of these systems can often be challenging. Join us for this roundtable discussion between exporters that will allow participants to "compare notes" on solutions that have been effective in addressing some of the challenges associated with compliance automation. Topics to be discussed include: budget justification; cost savings determination; internal IT support; ERP integration; and management of automation requirements, including screening, licensing, tariffs, free trade agreements, OGA requirements, and more. No agenda, no PowerPoints...just a give‐and‐take discussion between exporters. Click Here for Details and Registration Wednesday, May 13 ‐ Webinar Deemed Export Compliance & Technology Control Plan Development The Deemed Export rule is a special provision of U.S. export regulations that treats the transfer of controlled technology or technical data to foreign nationals ‐ even within U.S. borders ‐ as an export transaction for export control purposes. Deemed exports can involve employees, customers, contractors, suppliers, visitors and more. The very nature of deemed exports means that compliance pervades every aspect of a company, ranging from HR to engineering to security and beyond. In order to effectively manage deemed export compliance, many companies implement a Technology Control Plan (TCP), which provides measures to prevent unauthorized release of controlled technology or technical data for export compliance purposes. Join us for this webinar to learn the ins and outs of deemed export compliance, including: which technology or technical data is subject to the rule; the differences between deemed export treatment under the ITAR and the EAR; licensing requirements and license exception usage; screening of foreign nationals and certification of deemed export compliance on the U.S. Citizenship and Immigration Services Form I‐129; elements of a Technology Control Plan and procedures to ensure compliance. Click Here for Details and Registration Friday, June 5 ‐ Bedford Best Practices for Export End Use Screening License Exceptions & DeMinimis (webinar) June 18 Winning the China Challenge (webinar)Additional
Training
Resources
Compliance Alliance Resource Directory Webinar Listings Massachusetts Export Center Archived Webinars & Community CalendarQuick Links
Compliance Alliance Home Page Mass Export Center Home Page Members Only Login Events and Meetings
Trade
Compliance
Job Listings
Head of Export Control & Custom Compliance (ECC) Osram Sylvania, Danvers, MAIt's the dirty little secret of export regulatory compliance. Everyone knows that the general prohibitions specify several restricted end uses, but it is rare for anybody to actually screen for them. Unless end user screening is mandated as a condition for an export license, the reality is that most exporters do not screen for end use. Join us for this briefing, where you will hear end use screening best practices from some of the area's leading exporting firms. Learn about the restricted end uses, effective use of end user statements, when to escalate screening efforts, when licensing requirements kick in, and tips for fulfilling screening obligations while minimizing customer reporting. Click Here for Details and Registration Thursday, June 11 ‐ Webinar Exporting Under License Exceptions and De Minimis The good news is that there are more available export license exceptions than ever, allowing U.S. exporters to ship an ever‐increasing number of items without the normally‐required licenses. The bad news is that many export license exceptions can be complex and onerous, leaving many exporters confused or even opting to obtain a license instead of using the available exception. Join us for this webinar to learn about the major export license exceptions, appropriate use, and applicable conditions for each. You will also learn about license exception usage for items impacted by Export Control Reform. The webinar will also provide guidance on BIS De Minimis provisions, which exempt certain items from the EAR if they are incorporated into a foreign‐made item and meet specific requirements. Learn how to take advantage of these underutilized tools provided by the federal government to benefit U.S. exporters! Click Here for Details and Registration Thursday, June 18 ‐ Webinar Winning the China Challenge (details coming soon)
Compliance 411
Sanctions
Iran Parameters of Iran Sanctions Relief Announced Wilmer Hale ‐ Click Here for Article
Nuclear Agreement Lacks Details on Relaxing Sanctions Against Iran Morgan Lewis ‐ Click Here for Article
Russia
U.S. Imposes Further Sanctions on Russia & the Crimea Region Holland & Knight ‐ Click Here for Article
New U.S. and E.U. Russia Sanctions Legislation & Embargo Against Import/Export Compliance Specialist United Technologies, Beverly, MA Global Trade Compliance & Logistics Manager Microsemi, Beverly, MA Marine Export Control Manager Rolls Royce, Walpole, MA Director of North American Logistics and Trade Converse, N. Andover, MA Export Control Officer Massachusetts Institute of Technology, Cambridge, MA
Crimea
Wilmer Hale ‐ Click Here for Article
Cuba
Important Changes to the U.S. Sanctions Against Cuba Goodwin Procter ‐ Click Here for Article
United States Eases Cuban Embargo Wilmer Hale ‐ Click Here for Article
U.S. Begins Easing Cuba Embargo: New Opportunities & Challenges Holland & Knight ‐ Click Here for Full Article
Software Export Controls
The Seven Deadly Sins of U.S. and non‐U.S. Software Companies Under U.S. Export Controls and Sanctions Laws by Richard Matheny III, Partner & Jacob Osborn, Associate Goodwin Procter LLP Highlights: Companies that make software or provide softwarw‐as‐a‐service ("SaaS") confront U.S. export control and economic sanctions laws from an unusual perspective. Distribution models clash with the traditional 20th century model under which an 'export' refers to a physical item moving across sovereign boundaries. With a focus on software and SaaS distribution models, this article looks at recurring compliance 'sins' committed by companies whose activities are regulated by the EAR and OFAC. 1. Pride: Arrogantly assuming that your software is not regulated by U.S. law. 2. Wrath: Allowing the complexity of U.S. export‐control regulations to anger you with the point of neglecting a thorough compliance analysis. 3. Envy: Coveting another's favourable, open‐source classifications and presuming that yours is entitled to the same. 4. Lust: Providing a SaaS offering (because it's the sexy new thing to do) without considering U.S. export control and sanctions laws. 5. Gluttony: Failing to screen customers against the sanctioned countries and denied‐parties lists because of a hunger for any and all customers. 6. Greed: Falling victim to profit demands by continuing business as usual after discovering export‐control violations. 7. Sloth: Taking initial steps to ensure compliance, but then lazily ignoring ongoing export control obligations. Click Here for Full ArticleMember Profile
Name: Mitch Shikowitz Title: Export Compliance Officer Company: Agiltron, Inc. City: Woburn, MA Established: 2001 Employees: 78 Description: Agiltron, Inc. is a vertically integrated developer and manufacturer of premium optical and photonic components and systems for communications, sensing and instrumentation. Our products are based on optical, micro‐mechanical, and electro‐optical systems in combination with our competencies in manufacturing, infrared photonics, electronics, firmware and analytical software. Export Markets: Asia, EU, South America How are international trade compliance operations structured at your firm? Agiltron has a comprehensive and robust compliance program for a small high tech manufacturer & exporter. Key personnel in sales, shipping, logistics, contracts, and engineering have clearly defined roles, processes and responsibility to address export compliance. In my role, I am the point of contact for overall corporate export compliance. I report directly to the president of the company and have decision‐making authority for export compliance operations. Our senior staff leads by example, showing full commitment to compliance within the organization. Which regulations most affect your export activities? Do you export controlled items? Agiltron products are primarily regulated by the EAR, and we have also been affected by the recent Russia and Ukraine sanctions. Under the EAR, almost all of our export transactions involve 5A991 & 3A999 products which are controlled for AT purposes, as well as EAR99 products. Under the ITAR, we have no physical exports, though we have to consider technology controls of our Unclassified Controlled Technical Data with our Government Research and Development market. Lastly, the recent Russia and Ukraine sanctions and 50% ownership rule has required that we conduct a more thorough end use screening for a small number of export customers in Russia. What are some of the tools you use to keep up to date with changes in regulations? Reading the Daily Bugle, subscription to the BIS e‐mail notification service, webinars, having access to key consultants, subscribing to export‐focused advisory e‐mails and blogs, participation in BIS weekly teleconferences, attending BIS Annual Update, membership in the Compliance Alliance from the Mass Export Center for access to workshops and webinars for benchmarking and networking with peers. It also helps to have a curiosity for news articles concerning politics, foreign policy, trade, economics and commerce issues. What are some of your trade compliance "best practices" that other exporters could learn from? Corporate buy‐in. To start, having commitment from top management is key to convey the importance export compliance company wide. Then, having and maintaining an Export Compliance Program with regular updates regarding changes in regulations and procedures keeps the compliance manual
current. Lastly, it is important to create employee awareness and buy‐in by providing regular training and certification on export regulations. Another best practice is the use of automated compliance software. Agiltron utilizes Exportassure® which offers secure e‐mail access, control and auditing, document control and folder security, Technical Data classification and access control and restricted party screening ‐ I call it "Compliance in a Box". With strong support of management, implementation of this product was rolled out over the last few years. By using this software, Agiltron has clearly defined roles, processes and responsibility across the organization to address Purchasing, Financial, Operations, IT, Engineering, R & D, and Product Engineering. Key employees have access to the Restricted Party Screening for order entry and shipment of regular export transactions that produce electronic records that are easily accessed and provide traceability required by the EAR. Does your company have an established Export Management Compliance Program? How are the guidelines for the compliance program conveyed to staff and partners worldwide? Agiltron has an extensive Export Compliance Manual that covers all aspects of the EAR, ITAR, and additional policies and procedures regarding IT infrastructure, external partners, Government contracts, facility access and foreign visitors. As part of the on‐boarding process, new employees receive training in basic Export Compliance, while those with roles involving specific export compliance responsibilities receive additional in‐depth training. On an annual basis all employees are re‐certified on both Ethics and Export compliance. Additionally, employees are notified via e‐mail, meetings or in‐ house training of any key issues concerning changes to export compliance. Our Compliance program is not static; it is revised and updated as the regulations change or as our business process changes. Compliance takes a proactive approach within our organization. Having a good working relationship with staff and being a solutions provider helps get the message out as well.
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