Doreen Edelman

Doreen Edelman

Baker Donelson

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Sanctions on Russia Expanded Despite Tenuous Truce

On Friday , September 12th, while a tenuous truce between Ukraine and rebel forces showed signs of cracking and government officials continued to trade verbal jabs, the United States amped up pressure on Russia by expanding...more

9/18/2014 - Russia Sanctions Ukraine

Update: CBP Now Accepting C-TPAT Applications For Exporters

In a June 12 post, I told you about U.S. Customs and Border Protection’s (CBP) plan to expand the previously importers only Customs-Trade Partnership Against Terrorism (C-TPAT) certification program to include exporters. As...more

9/17/2014 - C-TPAT Customs and Border Protection Exporters Importers

The State Department’s Direct Line Program: A Tool to Help You Expand Into New Markets

I recently came across yet another free service provided by the Government that will be helpful to business owners expanding overseas. The program is called “Direct Link” and is administered by the Department’s Bureau of...more

9/3/2014 - Cross-Border Department of State

Big Talk After a Cautious Expansion of Ukraine-Related Sanctions by the U.S. – But Still No Big Changes for U.S. Exporters

Although Obama Administration officials undoubtedly recognize the need to punish Russia and Russian-backed rebels for their alleged role in the MH17 tragedy, they also will continue to weigh the effects of further sanctions...more

7/25/2014 - Foreign Policy Russia Sanctions Ukraine

Prohibited Country Sanctions and Embargoes: Make Sure You Know the Difference When Drafting Contract Language and Evaluating...

Casually, the words ‘embargo’ and ‘sanction’ are often used interchangeably. But when it comes to drafting a contract or assessing the viability of an export opportunity, failing to use the correct word can have serious...more

7/23/2014 - Contract Drafting Embargo Exports Jurisdiction Manufacturers Sanctions

It’s Not Rocket Science: Taking the Steps Necessary to Avoid Costly Sanctions Violations

The $963 million settlement OFAC recently reached with French banking giant BNP Paribas SA (BNP) was both the largest OFAC settlement to date and represents only a small fraction of the nearly $9 billion in total fines...more

7/7/2014 - BNP Paribas Chief Compliance Officers OFAC Sanctions Settlement

Exporters Pushing Back On Threats of Further Sanctions on Russia

Until recently, American trade associations including the U.S. Chamber of Commerce and the National Association of Manufacturers have made their opposition to the imposition of further sanctions on Russia known to the...more

6/30/2014 - Chamber of Commerce Exporters International Trade Agreements NAM Russia Sanctions Trade Associations Ukraine

The World Is Your Oyster!

Trade issues have not been front and center for the last several years. However, today I saw a bright light. I have been watching trade matters in Washington since the late 1980s. In some ways not that much has changed....more

6/23/2014 - Free Trade Agreement NAFTA Trade in Services Agreement Trans-Pacific Partnership Transatlantic Trade and Investment Partnership WTO

Exporters will soon be able to take advantage of C-TPAT benefits! BIG news

Until now, eligibility for a Customs-Trade Partnership Against Terrorism (C-TPAT) certification has been an importers only program. Now a plan is in the works to expand the program to exporters. One proposed benefit would be...more

6/13/2014 - C-TPAT Customs and Border Protection Exporters Importers Mutual Recognition Agreement

You’re Only As Good as Your Source: Make Sure to Consult the Right Versions of the ITAR and EAR

These days when we’re in need of information on an unfamiliar topic our first thought is often to “Google it.” Usually, these initial searches generate plenty of useful results. But actually differentiating between the...more

6/10/2014 - BIS DDTC Department of State EAR ITAR Research Tools U.S. Commerce Department Websites

What Exporters Need to Know About Ukraine-Related Sanctions

As of today, all you exporters out there following news reports of the ever-evolving U.S. sanctions program related to the situation in Ukraine need to know the following: The Ukraine-Related Sanctions Regulations...more

6/4/2014

How to Comply with your Export and Anti-Corruption Obligations Without Offending Your Customers and Foreign Partners – Blame the...

More and more companies are understanding the federal anticorruption, Patriot Act, and export due diligence requirements to “know your customer”. However, I am asked over and over how much information is really needed. Do you...more

5/1/2014 - Anti-Corruption Compliance Due Diligence Exports Patriot Act

No New Export Licenses For Items, Services, or Information Destined For Russia — Be Careful with Russian Nationals in the U.S.

The Commerce Department’s Bureau of Industry and Security (BIS) and the State Department’s Directorate of Defense Trade Controls (DDTC), the two offices in charge of issuing export licenses for controlled dual-use and defense...more

4/29/2014 - DDTC Export Controls Exports Foreign Policy Russia Sanctions

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

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