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US Export Compliance Updates The U.S. Commerce Department's Bureau of Industry and Security (BIS), has responded to the changing world events by focusing much of its attention on items and services that could be used to develop or deliver weapons of mass destruction. The terrorist attacks of September 11, 2001, emphasize the importance of controls on the export of dual-use items - controls that are maintained to combat terrorism, stem the proliferation of chemical, biological and nuclear weapons, and protect U.S. national security and foreign policy interests. Under the Export Administration Regulations (EAR), items that might not otherwise require a license based upon a review of the Commerce Control List (CCL) and country requirements could require a license from BIS because of the nature of the end-use/user. The Enhanced Proliferation Control Initiative was issued in1991 and placed greater emphasis on the end-use or end-user of exported items. As a result, exporters need to be more vigilant in screening their customers and controlling their export transactions. The following US government agencies require export compliance: A. BIS has published the Export Management System (EMS) Guidelines (The Guidelines) to assist companies in establishing internal control procedures for vigilant screening of export/re-export transactions. http://www.bis.doc.gov/exportmanagementsystems/Brochure.html#admin3 B. The State Department State's office with jurisdiction over munitions exports as described on the U.S. Munitions List (USML), is the Directorate of Defense Trade Controls (DDTC). Not only are the State Department's regulations more stringent than those of the Commerce Department but its penalties are more severe as well. C. Bureau of the Census, the Office of Foreign Assets Control, Environmental Protection Agency, Drug Enforcement Administration, Department of Agriculture, Food and Drug Administration, Department of Transportation, and others. Export Management System (EMS) helps ensure that each export/re-export is treated consistently and in compliance with U.S. export laws and regulations. It is a map to consistent export compliance. A vital part of an EMS is the establishment of mechanisms within the company that provide checks and safeguards at key steps in the order processing system, helping to better manage the overall export process. Such checks and safeguards help to ensure that the right questions are being asked to preclude exporters from making shipments that are contrary to U.S. export controls, and therefore, inconsistent with the exporter's best interests. You can find EMS Guidelines at https://www.bis.doc.gov/exportmanagementsystems/EMSGuidelines.html