WE can train you in import export procedures (company).
Whether the company has performed a meaningful risk analysis.
You conduct risk analyses in other aspects of your business, and you must do so in fashioning an effective compliance program as well. A meaningful risk analysis is the baseline from which an effective compliance program is designed. Among other things, you must consider the types of goods you are importing
The existence of a formal written compliance program.
Without a written compliance program, there is no baseline from which to measure its effectiveness. There are no common goals set or communicated to others for the program.
Whether appropriate senior organizational officials are responsible for overseeing the import compliance program.
Put people at a high level of responsibility into oversight positions for this and all other import-related matters. Please, do not leave these important issues to some isolated, lower-level person in the company. That is not the way companies deal with important issues.
Whether adequate training is provided to employees.
You will have to train your employees so that they know what is required of them to be in compliance. For them to stay abreast of developments, the training will have to be ongoing. In order to hold them accountable, you will have to maintain records showing that you provided appropriate training.
Whether the company adequately screens its customers and transactions.
Your program has to have put the proper controls in place, including the various import screening mechanisms. On BIS’s website, you will find “Know Your Customer” guidance, and the various lists against which you should screen import/export transactions.
Whether the company meets recordkeeping requirements.
CBP&BIS have recordkeeping requirements, and you should make sure that you meet them. You should also maintain the kinds of records commonly expected in your line of business, all of which properly document the transactions in which you have engaged.
The existence and operation of an internal system for reporting import violations.
Your compliance program should have an internal system through which employees can report suspected import violations. Such reporting systems provide you with the ability to look into such matters further and take appropriate action, including making Voluntary Self-Disclosures (PRIOR DISCLOSURE Customs Regulations 162.74)
The existence and result of internal/external reviews or audits.
You will have to test your program by running periodic audits of some kind, which will show you how well it is working. You will have to modify your procedures in light of what those audits show. Moreover, you will need to review, revise and update your compliance programs. If you have not taken a look at your program recently, it is probably time to do so. And it is probably time to revise it, in light of recent developments that have occurred in the law, in business and elsewhere.
Whether remedial activity has been taken in response to import violations. Under your compliance plan, it is important that you take appropriate disciplinary actions against employees who put you at risk not merely sweep those problems under the rug. Meeting Your Burden for Great Weight Mitigation
New Part 165 to Customs Regulations in September 2016 emphasizes enforcement on evasion. Also ties into political rhetoric on Free Trade Protection. Signifies some effort in this direction political or otherwise. Suggest that you assess countries (rank by activity) and see what dumping exists by the country and do risk assessment. There is no de minimis amount; if you have a commodity that is associated with an action you must deal with it. Our programs (import manual, export manual, itar manual) and support materials equip you to have effective compliance in these activities training and internal audit.
United States of America v.
Trek Leather, Inc. and Harish Shadadpuri CFAC ruled that individuals can be charged in Civil cases for negligence in the introduction of entries of merchandise not exercising reasonable care. Whether fraud or civil you can be liable to substantial penalties. Exercising reasonable care consists of at least
Perform a Meaningful Import / Export risk analysis.
Have a formal written import / Export compliance program!
An officer must be responsible for overseeing the import / Export compliance program.
Adequate training must be provided for employees.
A company must adequately screen their customers and transactions.
Your company must meet the compliance program’s record keeping requirements.
The existence and operation of an internal audit system for reporting Import / Export violations must be in place.
Your company must keep on file the documented results of internal / External reviews or audits.
Proof of remedial activity that has been taken in response to import / Export violations.