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2019 was a banner year for USG Entity List additions, confusing temporary general licenses, and overall compliance headaches (migraines!).
These developments underscore the importance of recordkeeping and end-user screening, as some regulatory changes literally happened overnight.
US export enforcement officers are actively monitoring the Automated Export System with the intent of finding transactions which may appear to be in violation of export controls and contacting companies for transaction records. If this happens to your company, would you be able to comply? Can you prove that your end-user screening is sufficient enough to meet government expectations?
As the use of automated systems for export documentation replaces paper records, companies are struggling with being able to retain and produce all of the records that may be required by the Export Administration Regulations, International Traffic in Arms Regulations, Office of Foreign Assets Control Regulations, and Foreign Trade Regulations.
The following topics will be covered:
· Regulatory requirements for recordkeeping for export control agencies – what do the regulations say?
· What is the government recommending regarding compliance automation?
· What transactions and which persons are subject to recordkeeping requirements?
· How are companies coping with the inherent complexity in screening EAR and OFAC Sanctioned Parties?
· Export control documents vs. general commercial records
· Best practices for recordkeeping in the paperless era
· Challenges of auditing electronic records
· Advice for maintaining files for shipping documents, classification, and licensing determinations
· Recordkeeping for reform-related reclassification decisions
· Internal mini-audits of export paperwork
· Challenges of dealing with freight forwarders, air couriers, and other third parties who generate documents on your company’s behalf
· Legal considerations: investigations, discovery, attorney-client privilege
Presently, Martin is an instructor with City University of New York's Baruch College Continuing and Professional Studies (CAPS), where he teaches import, export, and other international trade courses. In 2013, Martin received the Outstanding Instructor of the Year Award from Baruch CAPS. Martin has also taught international trade courses at Fashion Institute of Technology and Pace University in New York City. Martin is also of counsel to GRVR Attorneys (www.exportimportlaw.com), which specializes in customs and international trade matters.
Martin is a former U.S. Customs officer (senior inspector and import specialist), who was stationed at land (Champlain-Rouses Point, NY), air (JFK International Airport and Newark Liberty) and sea (Newark) ports of entry. While with U.S. Customs at the Port of New York/Newark, he was also a member of the agency's export control branch.
Martin is also a former special agent with the U.S. Department of Defense, assistant prosecutor with the Office of Hudson County (NJ) Prosecutor, and an executive with a global FMC-licensed Ocean Transportation Intermediary. Martin was also a trade consultant with Unz & Co.