Compliance in the International Marketplace: Export and Import Considerations. Association of Corporate Counsel Dallas-Fort Worth Chapter Annual In-House Symposium May 22, 2008. Agenda. Export Control and Related Laws Customs Laws. U.S. Export Control and Related Laws.
Association of Corporate Counsel
Dallas-Fort Worth Chapter
Annual In-House Symposium
May 22, 2008
- phone calls - visits to facilities
- faxes - meetings
- e-mail - drawings, specifications
Export Administration Regulations (EAR)
International Traffic in Arms Regulations
Tips: (a) Identify foreign person employees.
(b) Segregate technical data.
(c) Implement Technology Control Plan.
(d) Implement IT system to track access.
Tips: Mark technical data.
Specify applicable export rules in contract.
Tip: As part of due diligence, require ITAR compliance.
Department of the TreasuryOffice of Foreign Assets Control
U.S. Economic Sanctions
OFAC currently administers sanctions programs against:
Costs of goods $100
International freight Insurance $10
Duty @ 10% $11
VAT @ 15% $18.15 TAX- Base is $121
Duty, VAT $29.15 Customs value, international freight, plus duty
Other AC motors, multi-phase of an outpost not exceeding 750 W
International Agreement on Customs Valuation - 1979
The origin of the imported goods will dictate
Current trend great audit emphasis on documentation supporting FTA or preference treatment
Free Trade Agreements
Trade Remedy Laws
Customs Focused Assessment lowered since the post-WWII rounds of GATT MTNs, (average U.S. duty is 3%) they may be spiked very high – apparel, footwear, luggage, chemicals-rates approach or exceed effective tax rates (women’s sweaters over 33%).
Post 9/11 – Customs and Border Protection missionis national security
Remember that Tail.