Building & Maintaining an Export Compliance Plan

Diaz Trade Law’s President, Jennifer Diaz, Associate Attorney Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Building & Maintaining an Export Compliance Plan”! We also thank our law clerk, Gabi Perez, for her support with research for this article. Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

 

 

 

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By |2022-11-10T15:44:12-05:00October 18, 2022|Bloomberg, Bloomberg Export, International Law, U.S. Bureau of Industry and Security (BIS), Uncategorized|Comments Off on Building & Maintaining an Export Compliance Plan

Understanding the RPL Export License Exception

U.S. exporters have an important responsibility to adhere to U.S. export control laws, including the Export Administration Regulations (“EAR”). Administered by the U.S. Commerce Department, the EAR is a set of regulations which governs whether U.S. persons may export or transfer goods, software, and technology outside of the United States or to non-U.S. citizens. U.S. exporters have an important responsibility to adhere to the EAR. Violations of the EAR carry hefty civil and criminal penalties. Exporters can pay hundreds of thousands of dollars in penalties, lose export privileges, and even be imprisoned.

Licensing Exception for “Servicing and Replacement of Parts and Equipment” (RPL)

An export license under the EAR is not necessary if the License Exception for “Servicing and Replacement of Parts and Equipment” (“RPL”) applies. License Exception RPL is described under Part 740.10 of the EAR. RPL is known as a transaction-based exception because the availability/applicability of the exception is based on the terms of the transaction.

According to BIS guidance, the RPL License Exception may be used for the two following scenarios:

  • Replacement Parts – This authorizes the export and reexport of replacement parts for the immediate repair of previously exported, reexported or foreign made equipment incorporating U.S. origin parts on a one-for-one replacement basis. It also authorizes the export and reexport of stock spare parts that were authorized to accompany the export of equipment.
  • Servicing and Replacement – Replacements for defective or unacceptable U.S.-origin equipment. (a) The commodity or software to be replaced must have been […]
By |2022-08-22T15:53:35-04:00August 30, 2022|EAR, EEI, Export, International Trade, U.S. Bureau of Industry and Security (BIS)|Comments Off on Understanding the RPL Export License Exception

Successor Liability & Export Control Liability

All too often we hear of companies that do not consider U.S. export controls and trade sanctions in their due diligence checklists when going through an acquisition or merger. When taking over a non-compliant business, the buyer may be responsible for any violations that took place before the acquisition, even if the non-compliant actions were NOT unidentified at the time of the acquisition. In this blog we’ll address export regulations, successor liability, a case study, and practitioner tips on what you should be doing PRIOR to acquiring or merging!

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Complying with Russia-Related Sanctions?

As the U.S. government and the governments of many other countries continue to sanction Russia and Belarus for the Russian invasion into Ukraine, companies around the world are grappling with the consequences that comes with the escalating economic restrictions placed on conducting business in the region. Here at Diaz Trade Law we are working to keep you up to date on all relevant sanction activity and what it could mean for you and your business.

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Upcoming Webinar: Gender & Trade

Did you know when women’s economic engagement increases, productivity and prosperity also rise? In addition, empirical studies show that raising women’s income is strongly associated with investment in nutrition, health, and education.  Ensure you’re informed and updated on trends affecting global trade and register for Diaz Trade Law’s first 2022 webinar Gender and Trade taking place on March 10, 2022. This one-hour webinar will provide insights into the role gender can play in increasing trade and prosperity.

Register today to hear directly from DTL’s president, Jennifer Diaz and International Development Advisor, Linda Schmid as they teach attendees about how women fit into the picture of trade and what nations and customs and border agencies can do to level the playing field.

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By |2022-02-22T18:12:46-05:00February 23, 2022|Events, Export, Import, International Trade, Speaking|Comments Off on Upcoming Webinar: Gender & Trade

Export Filing Requirements for Puerto Rico & the U.S. Virgin Islands

Did you know that shipments from the 50 U.S. states to Puerto Rico and the U.S. Virgin Islands generally requires an Electronic Export Information (“EEI”) filing under the U.S. Census Bureau’s Foreign Trade Regulations? This article provides an overview of Foreign Trade Regulations export filing requirements generally, outlines the requirements for Puerto Rico and the U.S. Virgin Islands, and outlines what you can do to optimize your export compliance.

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By |2022-07-07T12:52:42-04:00January 11, 2022|EAR, EEI, Export, International Trade, ITAR, U.S. Census Bureau|Comments Off on Export Filing Requirements for Puerto Rico & the U.S. Virgin Islands
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