ExportÆs ever-changing world
U.S. government's unsettled reform leaves exporters in a field of potential pitfalls.
In his 30 years of assisting U.S. exporters with their compliance issues and concerns, Paul DiVecchio, president of Boston-based consultancy DiVecchio & Associates, has never seen the regulatory landscape as chaotic and unclear as it is today.
Besides the constantly changing regulations, DiVecchio said many exporters are experiencing rapid advancements in technology, complex foreign policy issues, and dramatic increases in penalties from regulatory agencies.
'The challenges that companies now face require them to have a compliance infrastructure that enables opportunities to be pursued while providing safeguards in avoiding violations,' he said.
DiVecchio highlighted a half-dozen crucial export compliance infrastructure pillars, including:
' Executive commitment to treat corporate governance and regulatory compliance as a top priority.
' Properly resourced and staffed compliance program with authority to exercise a 'best practices' approach.
' A focal point well suited to drive the implementation of the compliance program.
' Timely information to stay up to date on regulations.
' Integration within a company's business processes and decision-making.
' Inclusion of overseas partners for global coverage.
And this compliance is not just controlled items. An export license may be required for non-U.S. citizens who interact with controlled technologies, known as 'deemed' exports, which is commonplace in many company and university research environments.
U.S. Citizenship and Immigration Services late last year imposed a new rule on employers filing Form I-129 Nonimmigrant Visa Petition that requires them to certify their compliance with deemed export rules. While the new form took effect Dec. 23, the agency announced that employers will not have to comply with the certification requirement until Feb. 20, essentially giving them breathing room to prepare their internal compliance.
Export’s ever-changing world
