Doreen Edelman

Doreen Edelman

Baker Donelson

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Real OFAC Policy Changes Toward Iran—OFAC will consider non Ag/Med exports

As a new round of nuclear talks involving American, European, and Iranian leaders commence this week in Vienna it appears that the first-step deal agreed upon in January has already led to significant changes in OFAC’ s...more

4/11/2014 - Aviation Industry Exports Iran Iran Sanctions Medical Devices Middle East OFAC

Smart Phone Technology and Exports

Export controls and the International Traffic in Arms Regulations (ITAR) have hit the big leagues. Even NPR’s Martin Kaste is covering it! I think such coverage is great because outside of the University research communities...more

3/28/2014 - Export Controls Exports ITAR Smartphones Technology

Issuance of a new Ukraine-related Executive Order

As you know, sanctions have profound ripple effects and with the U.S. response to the continuing crisis in Crimea, it is imperative you ensure that these newly-ordered sanctions dont trickle down to doing business with your...more

3/20/2014 - EU Executive Orders Foreign Policy Russia Sanctions Ukraine

From FCPA to Export Compliance: Avoiding the Slippery Slope to a Compliance Violation

The second half of 2013 saw the continued expansion of FCPA enforcement by the DOJ and the SEC. The decrease in the scope of protections afforded to whistleblowers will lead to an increase in the number of FCPA potential...more

2/28/2014 - Compliance Dodd-Frank DOJ FCPA SEC Whistleblowers

White House Announces “Single Window” Initiative Aimed at Streamlining the US Export/Import Process: Supply Chain Regulatory...

President Obama’s February 19 Executive Order outlines an initiative aimed at reducing supply chain barriers by simplifying filing processes and eliminating duplicative requirements in order to allow companies to concentrate...more

2/26/2014 - Cross-Border Transactions Executive Orders Exports Imports Supply Chain

Are You New to Exporting? Here is How to Vet a Foreign Partner, Agent or Distributor and Make Sure the Company Can Pay Its Bills!

Are you proactively planning your expansion or are you reacting to a business opportunity? If you are reacting to a business opportunity, here is what I suggest you do. Start with doing diligence on your buyer/potential...more

2/24/2014 - Background Checks Exports Foreign Business Partners

BVI Company In Trouble Over Plans to Ship Engines to Iran

We usually don’t post enforcement summaries. However, I wanted to insure everyone was aware that the United States government is really going after non-U.S. entities. Please see below. Note it is the Commerce Department not...more

2/17/2014 - BVI Business Companies Exports Iran OFAC U.S. Commerce Department

Beware – Foreign Law May Trump Choice of Law Clauses In Your Agency Agreements!

Here’s a word of caution when dealing with commercial agents based in the EU: the European Court of Justice (the “ECJ”) has recently ruled that EU Member States can implement mandatory commercial agency rules that will trump...more

2/5/2014 - Arbitration ECJ EU Foreign Jurisdictions

The Key Elements of An Effective Trade Compliance Program

Having described the most common shortcomings of an insufficient trade compliance program in a previous post, I’d now like to share five positive pointers that can be used to help ensure effective implementation of your...more

1/14/2014

Internal Trade Compliance Training Is No Longer Enough…

To kick off the new year, our first post is regarding internal training of management and employees. If a CEO instructs management to ensure the company is protected, management might decides to train internally,...more

1/10/2014 - Compliance Corporate Counsel Corporate Governance Internal Investigations Training

Technical Data v. Technology

As you may know, the United States’ export control regime controls items, services, and information through regulations enforced by the State, Commerce, and Treasury Departments. Since all three departments promulgate their...more

11/7/2013 - Cloud Computing Technology U.S. Commerce Department

First Round of Export Control Reform In Effect Beginning October 15

Seems like all my free moments are on a plane. This flight in particular is an 8 hour flight — the inflight entertainment and the light controls are not working! This gives me time to reflect on Export Control Reform. With...more

10/10/2013 - Commerce Control List Export Controls Exports US Munitions List

Exporting: A great way to save on your U.S. federal corporate income taxes!

Saving on your federal income taxes is yet another reason to start exporting. If your company manufactures or processes goods in the U.S. you can set up a Domestic International Sales Corporation (“DISC”) and save up to 20%...more

8/19/2013 - Corporate Taxes Domestic International Sales Corporation Exports Income Taxes IRS

What can you take-away from Total S.A.’s recent FCPA settlement?

I try to avoid talking about Foreign Corrupt Practices Act (FCPA) issues seeing as though it’s quite a popular topic. However, I can’t ignore the vital take-aways from the 10 year FCPA investigation into Total S.A. (Total),...more

7/30/2013 - Bribery DOJ FCPA Iran SEC Settlement

Tightening U.S. Sanctions against Iran’s Automotive Industry and its effect on U.S. business relations with Foreign Companies

On June 3, 2013, President Obama approved a new Executive Order (E.O.) to isolate the Iranian government by tighening U.S. sanctions. The E.O. aims to target Iran’s automotive sector and petrochemicals industry, as well as...more

7/16/2013 - Foreign Corporations Foreign Investment Foreign Policy Iran Sanctions

Understanding OFAC’s Newest General License Regarding Personal Communication Services in Iran

The Office of Foreign Assets Control (OFAC) recently released General License D regarding the exportation of certain services, software and hardware pertaining to personal communication exchange in Iran....more

6/24/2013 - Apple Export Administration Regulations Exports Iran Sanctions Licenses OFAC Software

New Export Compliance Interactive On-Line Tools — From BIS Including New Specially Designed Language

In conjunction with the Government’s ongoing Export Control Reform Initiative, the Bureau of Industry and Security (“BIS”) in the Department of Commerce is introducing some useful web-based tools for exporters. Three new...more

5/30/2013 - BIS Exports U.S. Commerce Department

C-TPAT Members Get Benefits in the EU

U.S. importers that are members of the Customs-Trade Partnership against Terrorism (C-TPAT), when serving as U.S. exporters of goods to the European Union (EU), will receive expedited Custom clearance, decreased inspection...more

5/8/2013 - AEO C-TPAT Customs and Border Protection EU Risk Assessment

Thinking About Exporting? – 3 Preliminary Tips to Ensure Success

As the world becomes more global and interconnected, a small business may have the opportunity to grow by exporting its products to foreign markets (or even may find its products are being exported by others). However,...more

4/25/2013 - Compliance Exports Foreign Markets SBA Small Business

Focus on Health Care Firms in FCPA Investigations

I am seeing a lot of interest from health care clients regarding the Foreign Corrupt Practices Act (FCPA). I usually stay away from this topic because so many others cover it in detail. However, I want to point out that in...more

4/10/2013 - Compliance DOJ FCPA Healthcare Medical Devices Pharmaceutical SEC

Use the C-TPAT Program to Facilitate Your Imports and Exports

Global supply chain security has been a hot topic for years. Containerized shipping has been identified as one of the weak points in border security. After the terrorist attacks of September 11, 2001, the U.S. government...more

3/18/2013 - C-TPAT Customs and Border Protection Exports Imports

Burma – Trade is looking up by way of General Licenses, but caveats still remain.

Recent improvements in the political environment of Burma have allowed for some easing of sanctions, with the ultimate goal of increasing U.S. trade with Burma. Most recently, on February 22, 2013, the Department of...more

3/6/2013 - Foreign Investment Licenses OFAC Sanctions SDN List

Simplify Your Import Process? CBP has created new Industry Centers for Streamlined Procedures!

Customs and Border Protection (“CBP”) is continuing efforts to maximize efficiency through the expansion of its industry focused contact Centers. The Centers of Excellence and Expertise, known as “CEEs” or “Centers,” were...more

2/8/2013 - CEEs Customs and Border Protection Exports Imports

Wake up exporters — Do you know what the Government is doing to change the global market In 2013?

Happy New Year! As you plan for 2013, here are several items to think about and to incorporate into your business expansion plans. These actions could have a significant effect on U.S. businesses. ...more

1/29/2013 - Compliance Export Controls Global Economy Service Industries U.S. Commerce Department WTO

Export Control Reform is Underway and It’s Your Time to Speak Up!

The Department of Commerce’s (“Commerce”) Bureau of Industry and Security (BIS) is in the process of publishing proposed rules regarding export control reform. It is currently accepting public comments until January 28, 2013...more

12/31/2012 - Department of State Export Controls Exports Licenses U.S. Commerce Department

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