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Export controls and economic sanctions increasingly affect the day-to-day business operations across the globe. No company with cross-border operations or even a multinational work force is immune from their application or can afford to ignore these laws. Though once a relatively esoteric area of legal practice, controls over the export of goods, technology, and services now represent a basic element of corporate compliance whether your client is involved in import/export activity, mergers & acquisitions, joint ventures, licensing agreements, distribution contracts, or banking and finance transactions. This book is intended as an overview of this complex and dynamic body of law. It proves to be a valuable resource to both seasoned and novice practitioners alike, providing a thorough and practical guide that can assist counsel and compliance professionals in identifying the myriad issues, navigating the rules, and managing client risks in the challenging but fascinating area of export controls and economic sanctions law.
The importance of export control laws and regulations in international trade continues to grow, not only because of the increase in world trade and technology dispersion, but also due to concerns surrounding national and regional stability and the risk of terrorism. Accordingly, familiarity with export control laws and regulations around the world has become extremely important for those involved in the international trade of dual-use or military goods, technology, and services. In this preeminent handbook, now in its third edition, two experienced professionals have gathered contributions from expert practitioners and academics. The third edition adds three new country chapters (Brazil, Israel, and Sweden) and a new separate chapter on sanctions and embargoes. In addition to chapters on the international regime in general, the book provides a practical overview of the export/import control regimes covering defence and dual-use goods and services in fourteen key jurisdictions. Country reports each follow the same structure for easy comparison. Issues and topics covered include the following and much more: • import/export legal and regulatory requirements for controlled goods and services; • sanctions for breach of such requirements (civil, administrative, or criminal); • licence application processes; • arms, dual-use and other products embargo (including chemical and biological materials and technology); and • enforcement measures. The Handbook also makes available, through an online application, all important standard export control–related forms, templates, and other related documents, all of which readers can use to draft their own documents. The Handbook is invaluable to any professional (such as lawyers, compliance key players, procurement, logistics, finance and customs practitioners) working in relation to an organisation with a need to know the specific requirements to be followed for the efficient - and legally compliant - import or export of controlled military or dual-use goods, technologies or services.
International trade plays an enormous role in economic growth and prosperity. This activity can also be used to transfer military equipment, knowledge, and technology to hostile governments and transnational terrorist and criminal organizations seeking to attack and destroy their enemies. The U.S. and other countries have used economic sanctions such as export controls to try to restrict and eliminate the transfer of weapons and financial assets to these governments and organizations. This work examines how the U.S. has attempted to restrict the export of national security sensitive equipment, finance, knowledge, and technology since World War II with varying degrees of success and failure. It also examines how multiple U.S. Government agencies, nongovernmental organizations, and international government organizations seek to influence U.S. international trade, foreign, and security policies while concluding that some export controls are essential for promoting and defending U.S. national security interests.
There should be no question in the mind of any exporter about the government'sintention to enforce applicable legislation and regulations. The penaltiesimposed by export laws and regulations are severe. Violations often lead toheavy fines and, in serious cases, to debarment from contracting with the U.S.Government, and possibly imprisonment. Additionally, the privilege ofexporting can be withdrawn from firms or individuals who have violated theregulations, either for specified periods or indefinitely. Ample resources aredevoted by the government to the detection and prosecution of violators. TheDepartments of Defense, Commerce, Homeland Security, Justice, and the severalintelligence agencies cooperate in this endeavor. Knowing and willfulviolations receive, of course, the heaviest sanctions, but unintentionalviolations are by no means exempt from penalties. Parties to an exporttransaction are expected to know and comply with the regulations.United States Export Controls, Sixth Edition provides areference to which exporters, and those who work closely with them, can referin their daily business operations in order to comply with the myriad exportrules and regulations. Thorough knowledge of the regulations is essential infinding practical solutions to export licensing problems related to specifictransactions, in formulating export marketing plans to minimize the impact ofcontrols, and in the organizing company resources to deal correctly andefficiently with both the legal requirements and the day-to-day operationaldemands of the export control regulations.
The book provides the statutory authority for export controls on sensitive dual-use goods and technologies, items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological and chemical weaponry. This new book examines the evolution, provisions, debate, controversy, prospects and reauthorisation of the EAA.
Deep trade agreements (DTAs) cover not just trade but additional policy areas, such as international flows of investment and labor and the protection of intellectual property rights and the environment. Their goal is integration beyond trade or deep integration. These agreements matter for economic development. Their rules influence how countries (and hence, the people and firms that live and operate within them) transact, invest, work, and ultimately, develop. Trade and investment regimes determine the extent of economic integration, competition rules affect economic efficiency, intellectual property rights matter for innovation, and environmental and labor rules contribute to environmental and social outcomes. This Handbook provides the tools and data needed to analyze these new dimensions of integration and to assess the content and consequences of DTAs. The Handbook and the accompanying database are the result of collaboration between experts in different policy areas from academia and other international organizations, including the International Trade Centre (ITC), Organisation for Economic Co-operation and Development (OECD), United Nations Conference on Trade and Development (UNCTAD), and World Trade Organization (WTO).
With billions of dollars generated annually, importing and exporting is a potentially lucrative arena for growth—and a bewildering tangle of rules and regulations. Packed with hundreds of cost-effective strategies, ready-to-use forms, and valuable checklists, the second edition of Mastering Import & Export Management explains how to efficiently—and legally—navigate the complex world of international trade. From the big picture of pinpointing the best markets to the nitty-gritty of packing a container, this sweeping guide examines how to spot potential risks, apply quality control procedures, prepare documentation accurately, and more. This revised and updated edition addresses how best to handle recent crises like the earthquakes and tsunami in Japan, the economic downturn, or political instability in countries like Egypt, Tunisia, Bahrain, and Libya. It also covers every new compliance and security regulation, as well as evolving best practices, including: • C-TPAT guidelines • Incoterms • In-house compliance programs • Freight cost–reduction tips • Beefed-up TSA regulations • Improved technology options • President Obama’s new export initiatives. It’s an indispensable resource for today’s complex and changing global marketplace.
This major new handbook provides the definitive and comprehensive analysis of the UN and will be an essential point of reference for all those working on or in the organization.