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Export Compliance Management Seminar 31 May 2012: Exports in the Supply Chain
Export Compliance Management Seminar 31 May 2012: Exports in the Supply Chain
Export Compliance Management Seminar 31 May 2012: Exports in the Supply Chain
Export Compliance Management Seminar 31 May 2012: Exports in the Supply Chain
Export Compliance Management Seminar 31 May 2012: Exports in the Supply Chain
Export Compliance Management Seminar 31 May 2012: Exports in the Supply Chain
Export Compliance Management Seminar 31 May 2012: Exports in the Supply Chain
Export Compliance Management Seminar 31 May 2012: Exports in the Supply Chain
Export Compliance Management Seminar 31 May 2012: Exports in the Supply Chain
Export Compliance Management Seminar 31 May 2012: Exports in the Supply Chain
Export Compliance Management Seminar 31 May 2012: Exports in the Supply Chain
Export Compliance Management Seminar 31 May 2012: Exports in the Supply Chain
Export Compliance Management Seminar 31 May 2012: Exports in the Supply Chain
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Export Compliance Management Seminar 31 May 2012: Exports in the Supply Chain

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Iain MacVay - Bird & Bird …

Iain MacVay - Bird & Bird

www.exportcompliancemanagement.com

Published in: Business, Technology
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  1. Exports in the Supply Chain Here there be monsters!
  2. Export Regulation Outline● Why export regulation?● Sources● EU and UK rules● Compliance● Enforcement● Contractual Terms© Bird & Bird LLP 2011
  3. Why Export Regulation?● Protectionism – local production of resources – China rare earth● Fiscal – taxes● Statistical – trade data● Customs – outward processing, repair● Foreign and Defence policy© Bird & Bird LLP 2011
  4. International Sources● UN – sanctions● Wassenaar – dual use● Australia Group – chemical, biological● Nuclear Suppliers Group● World Trade Organisation● Etc.© Bird & Bird LLP 2011
  5. Rules - EU● Commercial Policy – EU competence● CFSP Decisions and measures against specific countries and persons● EU Customs Code and Implementing Reg● EU Dual-Use Regulation 428/2009● EU Common Military List - Notice© Bird & Bird LLP 2011
  6. Rules - UK● Customs and Excise Management Act 1979 (CEMA)● Export Control Act 2002● Export Control Order 2008● Statutory Instruments● CHIEF, SPIRE electronic systems© Bird & Bird LLP 2011
  7. A few issues● Technology - Brochures, proposals - Whistle blowing procedures● Components - Where separable from the product● Personal data - US ITAR compliance for third country nationals© Bird & Bird LLP 2011
  8. Compliance Objectives● Legal compliance – - Avoid penalties - Avoid publicity● Business risk – payments, supply chain disruption● Reputational risk – bad publicity, reliable supply chain partners© Bird & Bird LLP 2011
  9. Compliance Strategy● Product classification● Country of origin – how many rules● Country of destination● Payment structures● Actors in the supply chain - End users – military?● Contractual terms© Bird & Bird LLP 2011
  10. Compliance Cycle● Compliance programmes● Licensing – ECO, Treasury Asset Freeze Unit – Single Individual, Open General● Record keeping● Audits – internal, external● Monitoring● Disclosure● Investigations – internal, external© Bird & Bird LLP 2011
  11. Enforcement● Member States● HMRC● CEMA – Arts. 67-68 export offence - "Any person knowingly concerned in the exportation…of any goods with intent to evade shall be guilty of an offence and may be arrested" - Seizure, unlimited fines, prison up to 7 years● CEMA – Art. 152 compound penalties - No prosecution, financial penalty - £575,000 2009, 18 cases listed 2009-11© Bird & Bird LLP 2011
  12. Contractual terms● All parties must comply with the rules● Anticipate changes in targeted products, countries and persons● Typical clauses - Prohibited countries - Compliance with rules – UN, EU, US, UK? - Force Majeure – narrowly defined? - Warranties and Representations - Indemnification - Choice of Law© Bird & Bird LLP 2011
  13. Thank you Iain MacVay Direct: +44 (0)20 7415 6617 Tel: +44 (0)20 7415 6000 iain.macvay@twobirds.comBird & Bird is an international legal practice comprising Bird & Bird LLP and its affiliated businesses. www.twobirds.com

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