SYS-CON MEDIA Authors: Roberto Medrano, Dmitriy Stepanov, Gilad Parann-Nissany, Srinivasan Sundara Rajan, Sean Houghton

News Feed Item

Executive Perspectives: Minimizing Import and Export Compliance Risks



Adrienne Braumiller of Braumiller Law Group, PLLC, a law firm attending the marcus evans Chief Litigation Officer Summit Fall 2014, will speak on the topic of import and export compliance risks that companies may be exposed to.

NEW YORK, NY, Aug 27, 2014 - (ACN Newswire) - "Frequently companies do not have the necessary import and export compliance procedures in place, including some well-known publicly traded companies. In many cases, even if they have internal controls, they are often outdated or not being followed," according to Adrienne Braumiller, Founder, Braumiller Law Group, PLLC.

As a law firm participating in the marcus evans Chief Litigation Officer Summit Fall 2014, taking place in Palm Beach, Florida, September 14-16, Braumiller gives Chief Litigation Officers advice on minimizing compliance risks that may remain undetected for years.

- Do companies recognize the risks associated with lack of import and export compliance measures?

Many companies do recognize the risks, but do not effectively try to minimize them. Often we find that they may have completed an internal review where several weaknesses and concerns were identified, but they did nothing with the results. Sometimes this complacency is due to some other pressing matter taking priority, and other times it is due to a lack of understanding or resources needed to make process improvements. One powerful tool to help mitigate and clean up past violations is through a voluntary disclosure. The government highly encourages voluntary disclosures, providing a waiver of penalties on the import side and at least a 50 percent reduction on the export side.

- Why are some companies unaware of their import and export activities?

One of our clients, a large multinational company, told us: "We do not import". We checked their tax ID history and it turned out they had many imports that no one was aware of. There was no visibility and no control over those activities. It was just different people within different business units importing via one of the express couriers. No one thought that these types of shipments were even considered an import.

Another client was unaware that its company routinely took advantage of the North American Free Trade Agreement (NAFTA). To avoid additional risk and scrutiny involved with bringing in goods duty free pursuant to this free trade agreement, its policy was to avoid claiming NAFTA. In fact, a review of the import history showed the company was claiming NAFTA for 90 percent of their shipments. How could this happen? The agent clearing shipments on the company's behalf (known as a Customs broker) made the assumption that the company wanted to claim NAFTA simply because the goods were being imported from Mexico. Customs considers it fraud for an importer to make a claim without a NAFTA certificate of origin from the supplier, but if there is no communication with the broker, it can happen very easily.

Penalties are based on culpability and can be up to the domestic (wholesale) value of the product, not what was paid for it. If the person receiving the entry documents is just filing them away without a post-entry review, violations can go undetected for many years.

The same is true on the export side, although the penalties there can reach millions of dollars very quickly, and even worse, the exporter can lose its privilege to export (as there is no "right" to export).

- What internal controls could minimize this risk?

What is causing this challenge is a lack of effective internal controls, sufficient resources, compliance experts, good record-keeping, and adequate communication between the various departments involved in the import and export processes. The company must create and embed C.O.S.O.-based (Committee of Sponsoring Organizations) controls that improve operational performance and governance, while deterring fraud.

To get the house in order, we recommend obtaining the last five years of import history from Customs and the export history from the U.S. Census Bureau. A lot of that information is in databases that are not overly user-friendly, but we have developed a tool to slice and dice the data to identify where the risks lie. There can also be a complete gap in the company's processes for obtaining records, another high-risk area subject to stiff fines. Once a company has the necessary visibility into import/export activities, it can identify the processes needed to help ensure compliance requirements are met. Starting with a robust compliance program focused on U.S. requirements is usually the best approach, followed by the addition of other regions and countries based on level of activity or risk. If the company is in acquisition mode, it is critical to include import and export due diligence prior to the purchase. Most acquiring companies forget to do this until it is too late and then end up "buying" these liabilities.

About the Chief Litigation Officer Summit Fall 2014

The 14th Chief Litigation Officer Summit is the premium forum for bringing leading in-house litigation counsel across the nation together with service providers. Taking place at the Eau Palm Beach Resort & Spa, Palm Beach, Florida, September 14-16, 2014, the Summit includes presentations on privacy and social media, alternative approaches in litigation, outside counsel management, and making the law department into a profit center.

For more information please send an email to [email protected] or visit the event website at www.chieflitigationofficersummit.com/AdrienneBraumillerInterview

marcus evans group - legal sector portal -
www.marcusevans.com/reviews/legal

The Legal Network - Marcus Evans Summits group delivers peer-to-peer information on strategic matters, professional trends and breakthrough innovations.

- LinkedIn: www.linkedin.com/groups?gid=3676301&trk=hb_side_g
- YouTube: www.youtube.com/MarcusEvansLegal
- Twitter: www.twitter.com/meSummitsLegal
- SlideShare: www.slideshare.net/MarcusEvansLegal

Please note that the Summit is a closed business event and the number of participants strictly limited.

About Braumiller Law Group, PLLC

With offices in the U.S. and Mexico, Braumiller Law Group, PLLC, is a highly respected law firm focused on international trade compliance and proven strategies to optimize global trade business practices. The attorneys and trade advisors of Braumiller Law Group know exactly how to navigate the intricate maze of global trade regulations, and they have a successful track record for helping clients save millions of dollars in compliance penalties. These clients also leverage the expertise and experience of the Braumiller Law Group team to ensure that their global trade operations are legally structured to maximize efficiency and profitability. Please visit: www.braumillerlaw.com.

About marcus evans Summits

marcus evans Summits are high level business forums for the world's leading decision-makers to meet, learn and discuss strategies and solutions. Held at exclusive locations around the world, these events provide attendees with a unique opportunity to individually tailor their schedules of keynote presentations, think tanks, seminars and one-on-one business meetings. For more information, please visit www.marcusevans.com.

- Twitter: www.twitter.com/meSummitsGlobal
- YouTube: www.youtube.com/user/MarcusEvansGroup
- SlideShare: www.slideshare.net/MarcusEvansSummits

Source: marcus evans Summits

Contact:
Sarin Kouyoumdjian-Gurunlian, 
Press Manager, marcus evans, Summits Division
Tel: +357 22 849 313
Email: [email protected]




Copyright 2014 ACN Newswire. All rights reserved.

More Stories By ACN Newswire

Copyright 2008 ACN Newswire. All rights reserved. Republication or redistribution of ACN Newswire content is expressly prohibited without the prior written consent of ACN Newswire. ACN Newswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
"Matrix is an ambitious open standard and implementation that's set up to break down the fragmentation problems that exist in IP messaging and VoIP communication," explained John Woolf, Technical Evangelist at Matrix, in this SYS-CON.tv interview at @ThingsExpo, held Nov 4–6, 2014, at the Santa Clara Convention Center in Santa Clara, CA.
SYS-CON Events announced today Isomorphic Software, the global leader in high-end, web-based business applications, will exhibit at SYS-CON's DevOps Summit 2015 New York, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Isomorphic Software is the global leader in high-end, web-based business applications. We develop, market, and support the SmartClient & Smart GWT HTML5/Ajax platform, combining the productivity and performance of traditional desktop software ...
DevOps Summit 2015 New York, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that it is now accepting Keynote Proposals. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long development cycles that produce software that is obsolete...
The 3rd International @ThingsExpo, co-located with the 16th International Cloud Expo – to be held June 9-11, 2015, at the Javits Center in New York City, NY – is now accepting Hackathon proposals. Hackathon sponsorship benefits include general brand exposure and increasing engagement with the developer ecosystem. At Cloud Expo 2014 Silicon Valley, IBM held the Bluemix Developer Playground on November 5 and ElasticBox held the DevOps Hackathon on November 6. Both events took place on the expo fl...
We are reaching the end of the beginning with WebRTC, and real systems using this technology have begun to appear. One challenge that faces every WebRTC deployment (in some form or another) is identity management. For example, if you have an existing service – possibly built on a variety of different PaaS/SaaS offerings – and you want to add real-time communications you are faced with a challenge relating to user management, authentication, authorization, and validation. Service providers will w...
The term culture has had a polarizing effect among DevOps supporters. Some propose that culture change is critical for success with DevOps, but are remiss to define culture. Some talk about a DevOps culture but then reference activities that could lead to culture change and there are those that talk about culture change as a set of behaviors that need to be adopted by those in IT. There is no question that businesses successful in adopting a DevOps mindset have seen departmental culture change, ...
There's Big Data, then there's really Big Data from the Internet of Things. IoT is evolving to include many data possibilities like new types of event, log and network data. The volumes are enormous, generating tens of billions of logs per day, which raise data challenges. Early IoT deployments are relying heavily on both the cloud and managed service providers to navigate these challenges. In her session at Big Data Expo®, Hannah Smalltree, Director at Treasure Data, discussed how IoT, Big D...
The Internet of Things is tied together with a thin strand that is known as time. Coincidentally, at the core of nearly all data analytics is a timestamp. When working with time series data there are a few core principles that everyone should consider, especially across datasets where time is the common boundary. In his session at Internet of @ThingsExpo, Jim Scott, Director of Enterprise Strategy & Architecture at MapR Technologies, discussed single-value, geo-spatial, and log time series dat...
The Internet of Things promises to transform businesses (and lives), but navigating the business and technical path to success can be difficult to understand. In his session at @ThingsExpo, Sean Lorenz, Technical Product Manager for Xively at LogMeIn, demonstrated how to approach creating broadly successful connected customer solutions using real world business transformation studies including New England BioLabs and more.
The security devil is always in the details of the attack: the ones you've endured, the ones you prepare yourself to fend off, and the ones that, you fear, will catch you completely unaware and defenseless. The Internet of Things (IoT) is nothing if not an endless proliferation of details. It's the vision of a world in which continuous Internet connectivity and addressability is embedded into a growing range of human artifacts, into the natural world, and even into our smartphones, appliances, a...
The Internet of Things will put IT to its ultimate test by creating infinite new opportunities to digitize products and services, generate and analyze new data to improve customer satisfaction, and discover new ways to gain a competitive advantage across nearly every industry. In order to help corporate business units to capitalize on the rapidly evolving IoT opportunities, IT must stand up to a new set of challenges. In his session at @ThingsExpo, Jeff Kaplan, Managing Director of THINKstrateg...
Fundamentally, SDN is still mostly about network plumbing. While plumbing may be useful to tinker with, what you can do with your plumbing is far more intriguing. A rigid interpretation of SDN confines it to Layers 2 and 3, and that's reasonable. But SDN opens opportunities for novel constructions in Layers 4 to 7 that solve real operational problems in data centers. "Data center," in fact, might become anachronistic - data is everywhere, constantly on the move, seemingly always overflowing. Net...
DevOps Summit 2015 New York, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that it is now accepting Keynote Proposals. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long development cycles that produce software that is obsolete...
WebRTC defines no default signaling protocol, causing fragmentation between WebRTC silos. SIP and XMPP provide possibilities, but come with considerable complexity and are not designed for use in a web environment. In his session at @ThingsExpo, Matthew Hodgson, technical co-founder of the Matrix.org, discussed how Matrix is a new non-profit Open Source Project that defines both a new HTTP-based standard for VoIP & IM signaling and provides reference implementations.
The 3rd International Internet of @ThingsExpo, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that its Call for Papers is now open. The Internet of Things (IoT) is the biggest idea since the creation of the Worldwide Web more than 20 years ago.