Export Compliance Solutions & Consulting (ECS)

ECS Consulting Practice

ECS Export Compliance Consulting Practice offers a complete range of ITAR, EAR, and OFAC consulting and licensing services. Our team of export professionals is prepared to help you assess the impact of Export Control Reform on your business and advise you how to adjust your compliance policies and procedures to the new rules. We can walk your staff through the re-classification of product lines and the sorting of parts-and-components database, making sure your company maintains full compliance with the newly amended regulations of the U.S. Department of Commerce and U.S. Department of State.

ECS has a strong reputation for its expertise in USML and CCL product classification. Our consultants are knowledgeable and experienced in dealing with all types of U.S. export controls and extraterritorial restrictions, as well as local and regional export regimes. We frequently work with our clients to review their current classification policies and procedures, conduct large-scale or multi-national classification projects, train employees in classifying new products and navigating complex reporting and recordkeeping requirements, enhance and streamline administrative processes, and implement internal controls.

The ECS Export Compliance Consulting Practice Focus on Capability Building:

• Analyzing product lines, technologies, and services for determining proper export control jurisdiction (e.g., State or Commerce).
• Generating complete audit trail in support of classification decisions.
• Assisting in uncertain product jurisdiction and classification cases after initial review through preparation and submittal of a Commodity Jurisdiction (CJ) request to State/DDTC, or requesting an ECCN from the Commerce/BIS through the Commodity Classification Automated Tracking System (CCATS).
• Helping in the preparation of DECCS applications from State/DDTC including DSP-5s, DSP-61s, or DSP-73s, as well as for a Commerce/BIS export and re-export applications through SNAP-R.
• Interpreting license exemptions and exceptions.
• Preparing a Technology Control Plan (TCP) or a Trade Compliance Policies and Procedure Manual.
• Drafting Transmittal Letters, Technical Assistance Agreements (TAAs), Manufacturing Licensing Agreements (MLA), and Warehouse Distribution Agreements (WDA).
• Providing analysis of provisos/limitations and/or drafting reconsideration requests.

Licensing Consulting
Knowledge-based, Practical, Realistic

• Performing jurisdictional analysis to determine whether items are controlled under the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR).
• Assisting in the State/DDTC and Commerce/BIS registration and drafting the DS-2032 applications.
• Drafting DSP-5, DSP-61 and DSP-73 license applications for submission to State/DDTC.
• Preparing 748 P license applications for submission to Commerce/BIS.
• Drafting requests for Technical Assistance Agreements (TAAs), Manufacturing Licensing Agreements (MLAs), licenses and Warehouse Distribution Agreements (WDAs) in a 48-hour period.
• Facilitating Commodity Jurisdiction (CJ) requests, Advisory Opinions, for Proviso Reconsiderations, and other associated correspondence.
• Reviewing and recommending use of ITAR exemptions and EAR exceptions.
• Understanding the scope of OFAC sanctions programs. Draft license applications for submission to OFAC, monitor and conduct OFAC audits.
• Meeting, if necessary, with U.S. Government officials at State, Commerce, DOD and Treasury Acting as your Washington representative for issues of concern.

Jurisdictional Analysis Consulting
Comprehensive, Hands-on, Monitoring

• Assessing product lines and technologies according to their characteristics and end-uses to identify controlled items, parts, components and services and determine the proper export control jurisdiction (e.g., State or Commerce).
• Generating a complete audit trail to support the classification decision.
• Assisting in uncertain product jurisdiction and classification cases after initial review through preparation and submittal of a Commodity Jurisdiction (CJ) request to State/DDTC, or requesting an ECCN from the Commerce/BIS through the Commodity Classification Automated Tracking System (CCATS).

Risk Assessment Consulting
Systematic, Validating, Metrics-driven

• Reviewing your current policies and procedures and their implementation
• Emphasizing validation adherence to license and other approval conditions
• Evaluating effectiveness of day-to-day processes for monitoring compliance.
• Identifying weak points and spotlighting problem areas for corrective actions.
• Recommending effective measures to prevent future export violations
• Preparing an extensive Export Compliance Risk Assessment Report for your Board of Directors and management team, pinpointing critical vulnerabilities and areas of concern, evaluating the seriousness of the risks found, recommending remedial actions, and proposing cost-effective ways to mitigate future risks and strengthen your corporate compliance program.
• Developing and implementing an action plan that effectively addresses all your export compliance issues.

Critical compliance areas of ECS Risk Assessments include the following:

• Cybersecurity
• Restricted Party Screening of customers, suppliers, freight forwarders, business partners, and new hires
• Identification and monitoring of foreign visitors
• Meetings and discussions with non-U.S. persons
• Employee awareness of the Arms Export Control Act (AECA), ITAR, EAR, OFAC Sanctions, and other U.S. export laws & regulations
• Product classification and jurisdictional determination
• Applying for export licenses and drafting agreements
• Use of ITAR exemptions and EAR license exceptions
• Hiring practices and licensing requirements for foreign national employees
• Identification, labeling/marking, and protection of export-controlled technical data
• Employee foreign travel procedures and reporting
• Proper handling of re-exports/retransfers
• Internal monitoring of compliance and reporting of violations
• Voluntary Disclosures
• Employee familiarity with shipping documentation & electronic filing requirements
• Recordkeeping and reporting activities
• Employee compliance training policies and schedules
• Import practices and procedures
• Regular updating of the company’s Export Compliance Policy and Procedures Manual

View the qualifications and experience of the ECS risk assessment professional team and for an ECS onsite risk assessment quote of one or more of your company’s facilities, click here.