Businesses should implement internal compliance programmes for their dual-use goods to minimize delays and fines through non-compliance argues Arne Mielken of Customs Manager Ltd
EU recommendations
The EU has published a recommendation for a so-called ICP to create an effective, uniform and consistent system of export controls on dual-use items in the EU. As such, the EU believes that common approaches and practices as regards internal compliance programmes can contribute to a uniform and consistent application of controls throughout the EU.
And the EU has repeated that we at Customs Manager are always saying, that awareness and active efforts are needed to comply with trade restrictions, export controls and customs regulations. This is especially true in Export Controls where the rapid scientific and technological advancements and the complexity of today's supply chains create an ever bigger need to understand and carefully follow trade controls to a great extent.
It is, therefore, not uncommon that companies have put in place a set of internal policies and procedures, also known as an Internal Compliance Programme (ICP).
Why have an ICP?
While trading in dual-use items such as goods, software and technology, effective controls on these items are vital for countering risks associated with the proliferation of Weapons of Mass Destruction (WMD) and the destabilizing accumulations of conventional weapons.
Companies dealing with dual-use items are obliged to comply with strategic trade control requirements imposed under the laws and regulations of the European Union and its Member States.
The Guidance
The guidance published by the EU provides a framework to help exporters identify, manage and mitigate risks associated with dual-use trade controls and to ensure compliance with the relevant EU and national laws and regulations.
Based on what?
The development of EU ICP guidance for dual-use trade controls takes into consideration and builds on existing approaches to export control compliance, and in particular:
The 2011 Wassenaar Arrangement Best Practice Guidelines on Internal Compliance Programmes for Dual-Use Goods and Technologies
The ‘Best Practice Guide for Industry’ from the Nuclear Suppliers Group (NSG)’
It is not a new law, however, several EU Member States consider it, in essence, necessary to demonstrate understanding and compliance with rules & regulations. Some have even tied the use of EU or national General Export Authorizations to it.
Seven elements of an effective ICP
Top-level management commitment to compliance
Organization structure, responsibilities and resources
Training and awareness-raising
Transaction screening process and procedures
Performance review, audits, reporting and corrective actions
Record keeping and documentation
Physical and information security
We can support you with the development of ICPs
ICPs have moved into more focus now, and it is right for EU and globally operating exporters to consider adopting such a programme or evaluating its effectiveness. We offer ad-hoc, bespoke SUPPORT to customs managers & global trade professionals in exporting companies to understand, evaluate, apply and implement ICPs in any business, large or small, wherever located in the world.
Download
EU Export Control ICP Guidance
About Customs Manager Ltd.
Working with us means having a Customs Advisor, Global Trade Expert and Export Controls Consultant, on speed-dial. If you are looking for a customs consultant UK and EU, let us help you trade effectively, efficiently and, of course, compliantly, wherever you want to go in the world.
Need to stay up-to-date with changing customs and global trade rules? We monitor legislation so our clients don't have to. Learn about all changes in our fresh expert blog, join exclusive briefings and ask any questions 24/7 through to the VIP hotline. Or sign up to our no-charge, insightful newsletter.
Entrust us with your training needs and help us to upskill you and your teams in English, German, French and Spanish. We offer pubic and private live, in-house and on-demand (study from anywhere and anytime) courses.
To complete our support for globally trading businesses, we are also a UK Customs Broker. We act as a customs clearance agent on behalf of many EU and UK businesses, assisting with customs documentation and all other formalities to ensure the customs clearance of our goods. Whether you’re seeking a long-term partner to look after your customs clearance or require support for a one-off shipment, please don’t hesitate to get in touch to discuss your requirements.
Join us on social media
· YouTube
· LEAVE us a POSITIVE REVIEW ON GOOGLE
Important Notice
Customs Manager Ltd. owns the copyright in this information, unless other sources are identified.
You are not allowed to use this information in any way that infringes the intellectual property rights in it. You may have to hold a valid licence to use this information. A licence can be obtained by becoming a Premium subscriber to the Customs Managers’ Trade Intelligence service. As a Premium subscriber, you may download and print this information which you may then use, copy or reproduce for your own internal non-profit-making purposes.
However, under no circumstances are you permitted to use, copy or reproduce this information to profit or gain.
In addition, you must not sell or distribute this information to third parties who are not members of your organization, whether for monetary payment or otherwise.
This information is intended to serve as general guidance only and does not constitute legal advice. We cannot guarantee the quality, content, or accuracy of the information provided on this page as laws and information change regularly. Moreover, the application and impact of laws can vary widely based on the specific facts involved. This information should not be used as a substitute for consultation with professional legal or other competent advisers. Before making any decision or taking any action, you should consult a Customs Manager Ltd. professional.
In no circumstances will Customs Manager Ltd, be liable for any decision made or action was taken in reliance on the information contained within this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Comentários