Welcome!

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 In many cases, even if they have internal controls, they are often outdated or not being followed," according to Adrienne Braumiller, Founder, Braumiller Law Group, PLLC.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
Let’s face it, embracing new storage technologies, capabilities and upgrading to new hardware often adds complexity and increases costs. In his session at 18th Cloud Expo, Seth Oxenhorn, Vice President of Business Development & Alliances at FalconStor, will discuss how a truly heterogeneous software-defined storage approach can add value to legacy platforms and heterogeneous environments. The result reduces complexity, significantly lowers cost, and provides IT organizations with improved effi...
The cloud promises new levels of agility and cost-savings for Big Data, data warehousing and analytics. But it’s challenging to understand all the options – from IaaS and PaaS to newer services like HaaS (Hadoop as a Service) and BDaaS (Big Data as a Service). In her session at @BigDataExpo at @ThingsExpo, Hannah Smalltree, a director at Cazena, will provide an educational overview of emerging “as-a-service” options for Big Data in the cloud. This is critical background for IT and data profes...
Predictive analytics tools monitor, report, and troubleshoot in order to make proactive decisions about the health, performance, and utilization of storage. Most enterprises combine cloud and on-premise storage, resulting in blended environments of physical, virtual, cloud, and other platforms, which justifies more sophisticated storage analytics. In his session at 18th Cloud Expo, Peter McCallum, Vice President of Datacenter Solutions at FalconStor, will discuss using predictive analytics to ...
Father business cycles and digital consumers are forcing enterprises to respond faster to customer needs and competitive demands. Successful integration of DevOps and Agile development will be key for business success in today’s digital economy. In his session at DevOps Summit, Pradeep Prabhu, Co-Founder & CEO of Cloudmunch, covered the critical practices that enterprises should consider to seamlessly integrate Agile and DevOps processes, barriers to implementing this in the enterprise, and pr...
SYS-CON Events announced today that Men & Mice, the leading global provider of DNS, DHCP and IP address management overlay solutions, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. The Men & Mice Suite overlay solution is already known for its powerful application in heterogeneous operating environments, enabling enterprises to scale without fuss. Building on a solid range of diverse platform support,...
The principles behind DevOps are not new - for decades people have been automating system administration and decreasing the time to deploy apps and perform other management tasks. However, only recently did we see the tools and the will necessary to share the benefits and power of automation with a wider circle of people. In his session at DevOps Summit, Bernard Sanders, Chief Technology Officer at CloudBolt Software, explored the latest tools including Puppet, Chef, Docker, and CMPs needed to...
Cognitive Computing is becoming the foundation for a new generation of solutions that have the potential to transform business. Unlike traditional approaches to building solutions, a cognitive computing approach allows the data to help determine the way applications are designed. This contrasts with conventional software development that begins with defining logic based on the current way a business operates. In her session at 18th Cloud Expo, Judith S. Hurwitz, President and CEO of Hurwitz & ...
CIOs and those charged with running IT Operations are challenged to deliver secure, audited, and reliable compute environments for the applications and data for the business. Behind the scenes these tasks are often accomplished by following onerous time-consuming processes and often the management of these environments and processes will be outsourced to multiple IT service providers. In addition, the division of work is often siloed into traditional "towers" that are not well integrated for cro...
It's easy to assume that your app will run on a fast and reliable network. The reality for your app's users, though, is often a slow, unreliable network with spotty coverage. What happens when the network doesn't work, or when the device is in airplane mode? You get unhappy, frustrated users. An offline-first app is an app that works, without error, when there is no network connection.
With an estimated 50 billion devices connected to the Internet by 2020, several industries will begin to expand their capabilities for retaining end point data at the edge to better utilize the range of data types and sheer volume of M2M data generated by the Internet of Things. In his session at @ThingsExpo, Don DeLoach, CEO and President of Infobright, will discuss the infrastructures businesses will need to implement to handle this explosion of data by providing specific use cases for filte...
SYS-CON Events announced today that VAI, a leading ERP software provider, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. VAI (Vormittag Associates, Inc.) is a leading independent mid-market ERP software developer renowned for its flexible solutions and ability to automate critical business functions for the distribution, manufacturing, specialty retail and service sectors. An IBM Premier Business Part...
More and more companies are looking to microservices as an architectural pattern for breaking apart applications into more manageable pieces so that agile teams can deliver new features quicker and more effectively. What this pattern has done more than anything to date is spark organizational transformations, setting the foundation for future application development. In practice, however, there are a number of considerations to make that go beyond simply “build, ship, and run,” which changes ho...
With the proliferation of both SQL and NoSQL databases, organizations can now target specific fit-for-purpose database tools for their different application needs regarding scalability, ease of use, ACID support, etc. Platform as a Service offerings make this even easier now, enabling developers to roll out their own database infrastructure in minutes with minimal management overhead. However, this same amount of flexibility also comes with the challenges of picking the right tool, on the right ...
Fortunately, meaningful and tangible business cases for IoT are plentiful in a broad array of industries and vertical markets. These range from simple warranty cost reduction for capital intensive assets, to minimizing downtime for vital business tools, to creating feedback loops improving product design, to improving and enhancing enterprise customer experiences. All of these business cases, which will be briefly explored in this session, hinge on cost effectively extracting relevant data from ...
SYS-CON Events announced today that Catchpoint Systems, Inc., a provider of innovative web and infrastructure monitoring solutions, has been named “Silver Sponsor” of SYS-CON's DevOps Summit at 18th Cloud Expo New York, which will take place June 7-9, 2016, at the Javits Center in New York City, NY. Catchpoint is a leading Digital Performance Analytics company that provides unparalleled insight into customer-critical services to help consistently deliver an amazing customer experience. Designed...