In August 2013, AEB (International) Ltd, provider of supply chain management and global trade solutions, kicked off a comprehensive compliance campaign ahead of the Obama administration's export control reform. Now, just before the first effective date of the ECR changes in October, AEB is offering free educational literature to explain how the reform affects British businesses, and how to ensure compliance with U.S. laws. All documents can be downloaded free of charge from www.aeb.com/uk.
The U.S. Export Control Reform (ECR), initiated by the Obama Administration, means that some goods originally controlled under the International Traffic in Arms Regulations (ITAR) will now fall under the Export Administration Regulations (EAR). The first pair of the new rules comes into force on 15th October, 2013 and the second set of rules will take effect on 6th January, 2014, with more to follow. The reform ultimately aims to implement a single licensing agency with a single control list, and one single IT system for all U.S. license applications.
The reform involves significant changes for many UK companies operating in a wide range of industry sectors, including aerospace, automotive, defense, information technology, telecommunications, and software. Violations of export control regulations may result in severe criminal and/or civil penalties, including fines and even imprisonment for those responsible, such as managing directors or members of the managing board, and may also lead to cancellation of export privileges. Companies could find themselves on restricted party lists, leading to unwanted publicity and reputational damage. Pleading ignorance to the law will not prevent anyone from being fined or prosecuted for U.S. export control violations, as many successful prosecutions of non-U.S. companies demonstrate.
To help businesses understand when U.S. export controls apply, and to guide them through the latest changes and mandatory global trade control obligations, AEB is offering free educational literature:
- Poster 1: First Aid for Export Controls – A1 poster illustrating the required export control checks in accordance with EU law and U.S. regulations, introducing dual-use goods and de-minimis calculations, and focusing on checks for country embargoes, critical goods, critical end-use, and restricted parties.
- Poster 2: EU and U.S. Trade Controls Workflow – A1 poster illustrating what needs to be controlled, which legislation applies in which case, and what follow-up processes are required. What are companies required to do if partners appear on sanction lists or the de-minimis threshold is exceeded?
- White Paper 1: "The Five Most Common Myths about Export Controls" – This white paper provides qualified, unbiased information on export controls, dual-use goods, denied-party address screening, and applicable EU and U.S. export control regulations.
- White Paper 2: "U.S. Export Controls, A Global Challenge" – This white paper offers qualified, unbiased information on U.S. export controls, latest changes in light of the reform, authorities involved, applicable penalties and legal implications, and explains why U.S. law can even apply to EU traders and verbal communication.
AEB's General Manager Claire Umney said: "The upcoming U.S. Export Control Reform has highlighted to many previously unaware UK businesses that U.S. export control laws may apply to them and their business transactions. The U.S. government keenly enforces export control regulations that prohibit business activities involving certain technologies, entities, persons or countries. The legal consequences of violations are severe, and companies are well advised to revisit their current processes and implement comprehensive compliance programmes and solutions. We hope our free educational literature will shed some light on obligations and latest changes and will assist UK businesses in securing their supply chains."