In several previous posts we have noted the reasons why many companies postpone or ignore establishing an ECP (Export Compliance Program). If you are the CEO, COO, or CFO of one of these companies we advise starting to manage the risk of non-compliance. In the meantime here is a list from the Bureau of Industry and Security (BIS) website of things to look for in an export transaction. Make sure you are not doing business with the bad guys. A little due diligence up front saves a lot of trouble later on.

The customer or its address is similar to one of the parties found on the Commerce Department’s [BIS’] list of denied persons.

The customer or purchasing agent is reluctant to offer information about the end-use of the item.

The product’s capabilities do not fit the buyer’s line of business, such as an order for sophisticated computers for a small bakery.

The item ordered is incompatible with the technical level of the country to which it is being shipped, such as semiconductor manufacturing equipment being shipped to a country that has no electronics industry.

The customer is willing to pay cash for a very expensive item when the terms of sale would normally call for financing.

The customer is unfamiliar with the product’s performance characteristics but still wants the product.

The customer has little or no business background.

Routine installation, training, or maintenance services are declined by the customer.

Delivery dates are vague, or deliveries are planned for out of the way destinations.

A freight forwarding firm is listed as the product’s final destination.

The shipping route is abnormal for the product and destination.

Packaging is inconsistent with the stated method of shipment or destination.

When questioned, the buyer is evasive and especially unclear about whether the purchased product is for domestic use, for export, or for reexport.

For help contact mitch@52.91.45.227

Outward Bound AlumniMark Brown, ME, CPCC

Let’s Make Some Magic

Mitch Kostoulakos, LCB Ad Hoc Logistics LLC, Licensed Customs Broker, International Logistics Consultant

Mitch Kostoulakos, LCB 

Ad Hoc Logistics LLC, Licensed Customs Broker, International Logistics Consultant

Lifelong memories and lessons….writing as an alum of Course #4 in Colorado when OB was unknown in the US…

Dan Faber•

🌟 𝐓𝐡𝐞 𝐁𝐞𝐬𝐭 𝐖𝐚𝐲𝐬 𝐓𝐨 𝐋𝐞𝐯𝐞𝐥 𝐔𝐩 𝐘𝐨𝐮𝐫 𝐂𝐮𝐬𝐭𝐨𝐦𝐞𝐫 𝐒𝐞𝐫𝐯𝐢𝐜𝐞 𝐢𝐧 𝟐𝟎𝟐𝟏 𝐚𝐧𝐝 𝐁𝐞𝐲𝐨𝐧𝐝

Exceptional customer service has been proven to help brands stand out and flourish.

No company is perfect, and every organization has customer service concerns. In these cases, customers want to know that their concerns are being addressed quickly and painlessly. 💯

Mitch Kostoulakos, LCB  Ad Hoc Logistics LLC, Licensed Customs Broker, International Logistics Consultant

Deep SenGupta and Dan Faber I agree that accurate and timely info is key. Self service can be frustrating though when systems don’t recognize the issue easily. In my experience info is easier to get than action for example when the customer needs more than just a status update. The ability/authority to solve problems is what defines great customer service.

The term boilerplate refers to standardized text, copy, documents, methods, or procedures that may be used over again without making major changes to the original. A boilerplate is commonly used for efficiency and to increase standardization in the structure and language of written or digital documents.

Traders when was the last time you reviewed your Commercial Invoice for accuracy or updates? Chances are it has been quite a while, given the more immediate challenges in logistics today. The same question applies to documents produced by your freight forwarder.

As everyone involved in international trade knows, the commercial invoice is one of the primary documents of the transaction. While there is no universal standard format for commercial invoices, including the following key elements will help reduce customs delays and entry mistakes:

Description of goods – Vague or incomplete descriptions are the most common cause of customs delays. Avoid trade names, brand names, jargon. What is it? What is it made of? What is it used for?

Recipient or Importer of Record contact info- customs delays are often prolonged by slow communication between CBP and importers. Make sure phone and e mail info is spelled out on the CI.

Invoice Number, Page Numbers – Avoids confusion for entries with multiple CIs or CIs with multiple pages.

Country of Origin– Best to use ISO country codes.

Related/Not Related parties

Incoterms and currency- these are elements of the sales contract. Indicate version of Incoterms (2010, 2020) as all parties may not be aware of updates.

Harmonized tariff # and duty rate if known– if unsure best not to include this info.

Summary of Value- must include IV Invoice Value. Can also include NDC Non Dutiable Charge (subtractions), AMMV Add to Make Market Value (additions), NEV Net Entered Value (bottom line- dutiable).

For immediate assistance contact mitch@52.91.45.227

Kristen Morneau, LCB, CCS

“Failing to prevent”. Do not self blind

UK oilfield services firm Petrofac pleads guilty to 7 offences of failing to prevent bribery – fined $95 million after admitting overseas agents bribed to win contracts in Iraq, Saudi Arabia and UAE

#UKBriberyAct#CFPOA#FCPA#bribery#corruption

Mitch Kostoulakos, LCB, Ad Hoc Logistics LLC, Licensed Customs Broker, International Logistics Consultant

Thanks for posting….Do Not Self Blind is good advice for compliance in general…

I just took delivery of a new Volvo. The invoice shows the following:

US/Canadian parts content 1%- Major Sources of Foreign Parts Content: Belgium 25%, Sweden 20%

Final Assembly Point: Ghent, Belgium

Country of Origin- Engine Parts: Sweden , Transmission Parts: Japan

21st Century supply chains are complex, none more so than automotive. For much simpler products as well, parts are sourced globally before being assembled and shipped to the final destination.

Country of origin, often abbreviated COO, is one of the elements, along with harmonized code and commodity valuation, in determining duty/tax rates. While trade agreements such as USMCA (formerly NAFTA) have specific and complex rules of origin, the basic COO elements are:

Country in which the commodity is made, mined, grown, manufactured, or underwent substantial transformation. The 3 way test for substantial transformation is new name, new character, new use.

Substantial Transformation Rule….used to determine country of origin if articles or components are not wholly obtained from one country…Does article have new name, character, or use?

Change in character- altered physical characteristics of article or components. Were changes cosmetic? What was the process that resulted in change?

Change in use- Is end use of article interchangeable with end use of components? Is end use of component predetermined at time of importation? What was the process that resulted in change of use? Predetermined end use generally precludes substantial transformation but subject to specifics of article/components in question.

Change in name- this is the least compelling of the factors supporting substantial transformation. Do components retain original name after processing?

Subsidiary/Additional Factors- extent and nature of operations (complex or simple); value added and/or cost incurred during transformation process; essential character of article (components transformed into finished product); change from producer to consumer good; tariff shift.

Ad Hoc Logistics can help with regulatory questions or your international logistics needs. Contact mitch@52.91.45.227

Astronomical ocean rates, containers in the wrong locations, tight capacity in trucking, and shortages of critical components. These are the issues facing logistics managers as we enter peak season for many industries. It is often noted that supply chain is strategic while logistics is tactical. Day to day logistics consists of planning, execution, and problem solving. Right now it seems that the job is mostly problem solving. This certainly leads to frustration for all parties.

Changing forwarders or other LSPs (Logistics Service Providers) as a solution may be tempting but futile. LSPs are struggling to serve existing clients as best they can. Sales departments are always looking to grow their customer base and, at the same time, maintain existing accounts. Relationships are still the key ingredient and every LSP that I know is working diligently to manage their business.

Freight forwarders are middlemen and have relationships of their own with ocean and air carriers. The strength of these relationships gives them the bandwidth to provide service to importers and exporters. They work with but don’t control overall capacity and rates.

For reference here is a link to Freight Forwarder Guidance from the BIS (Bureau of Industry and Security) website:

https://www.bis.doc.gov/index.php/all-articles/24-compliance-a-training/export-management-a-compliance/48-freight-forwarder-guidance

Need help with follow up or problem solving? Contact mitch@52.91.45.227

CBP has proposed mandatory continuing education for individually licensed customs brokers. The CBLE (Customs Broker License Exam) is notoriously difficult to pass but there is currently no continuing education required for LCBs (Licensed Customs Brokers). I support continuing education as a way to further professionalize the field. The comment period for the trade community and the public at large ends on Tuesday November 9, 2021. Here is the notice from the CBP website.

https://www.cbp.gov/trade/programs-administration/customs-brokers

Continuing Education for Licensed Customs Brokers

Licensed Customs brokers play a critical role in protecting the revenue and facilitating the movement of compliant cargo. U.S. Customs and Border Protection published the Broker Continuing Education Notice of Proposed Rulemaking (NPRM) 86 FR 50794 in the Federal Register on Friday, September 10, 2021. In this NPRM, CBP proposes a mandatory continuing education requirement for individual licensed brokers.  This proposal is a key step forward to providing a program that can serve both government and industry, with an intended goal of raising the credibility and value of the broker’s license and profession.

Please see the posting for 86 FR 50794 here.

CBP appreciates comments from the trade community and the public at large on the NPRM. The comment period opens Friday, September 10, 2021 and ends Tuesday, November 9, 2021.

Mitch Kostoulakos, LCBAd Hoc Logistics LLC, Licensed Customs Broker, International Logistics Consultant

ALAN is an excellent resource for coordinating disaster relief.

American Logistics Aid Network1,607

Lots of Hurricane Ida logistics needs have just been posted to ALAN’s Disaster Micro-site. Check them out and let us know if you can help. https://lnkd.in/dApRfpW

I have always advised clients that export compliance equals good risk management. Whether or not a formal ECP (Export Compliance Plan) is implemented, there are a number of best practices that are essential for any company involved in international trade.

Compliance is often a “back burner” project for several reasons. Don’t know where to start, lack of C-level commitment, reluctance to allocate resources, too small to worry about compliance, no previous problems, or just plain inertia.

While it is not possible to calculate ROI for export compliance we can identify a value proposition.

Risk Management– avoid the cost of fines and penalties which can reach $1 Million for criminal violations. Think of compliance as insurance.

Save Time– export compliance means less re-work or follow up of requests for information from customers, government agencies, or forwarders.

Make Money/ Grow the Business- basic competence in exporting enables expansion to international markets. Compliance problems will cause customs delays and be an impediment to growth.

Enhance the Brand– similar to ISO certification and C-TPAT, an ECP demonstrates professionalism. Show customers and prospective customers that you know what you are doing.

I would be interested in hearing other value propositions for compliance. In the meantime, why not get started?

Contact mitch@52.91.45.227 for immediate assistance.