EXPORT ESSENTIALS. DHL Express The International Specialists. Phillip Poland Boston, 2015

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1 EXPORT ESSENTIALS DHL Express The International Specialists Phillip Poland Boston, 2015

2 Agenda 1 Customs Trinity Classification, Valuation, Rules of Origin 2 Documents Needed Information, Document 3 Commercial Invoice Data Elements and Guidelines Commodity Analysis, Poor Description, Incomplete/Partial Names 4 Transportation Overview Door to Door Delivery 5 U.S. Trade Agencies Agencies Regulating Shipments 6 Export Control Regulations 3 Types of Control 7 Depart of Commerce Bureau of Industry and Security Overview 8 Department of State Directorate of Defense Trade Controls 9 Department of Treasury Office of Foreign Assets and Control 10 Automated Export System Electronic Export Information 11 Most Common FTR Filing Exemptions 15 CFR and Export Control Covers More than Commodities Dilbert Elbonia Situation 2

3 The Customs Trinity 3

4 What Documents Are Needed Describes a number of things product, importer of record, terms of sale, freight/duty/tax payer, etc. INFORMATION Importer of Record Full Commodity Description with Value of Goods Harmonized Tariff Code Terms of Sale Payer for Duties and Taxes DOCUMENT Airway Bill (AWB) Commercial Invoice Electronic Export Information (EEI) Certificate of Origin Bill of Lading Export Declaration Packing List Letter of Credit 4

5 What Documents Are Needed (continued) Licenses, Permits, Carnets, Letters of Credit, or Certificates Bill of Lading 5

6 Commercial Invoice Data Elements and Guidelines C o m m e r c i a l I n v o i c e Date Invoice # AWB # Shipper Name Consignee Name Contact Person Contact Person Street Address Street Address City Postal Code City Postal Code Country Address Country Address Telephone Number Fax Number Telephone Number Fax Number Tax ID Number (EIN) Exporting Carrier: DHL Express Tax ID Number (i.e. EIN,VAT) Other Information. (i.e. ITN #) Total # of Pieces Total Gross Weight in Kilos Complete Commodity Description HTS, Schedule B and ECCN Country of Manufacture Quantity, Unit of Measure Incoterms Unit Price USD $ Total Price USD $ Export Authorization (license no. or exemption): Date of Expiration of Export License: I/we hereby certify that the information on this invoice is true and correct and that the contents of this shipment are as stated above. Subtotal (USD $) Freight Cost Insurance Cost Total Invoice Value (USD $) Signature and Title of Authorized Person Date These commodities, technology, or software were exported from the United States of America for ultimate destination in accordance with export administration regulations. Diversion contrary to U.S. law is prohibited. 6

7 Transportation Overview Customer completes shipping document. Package picked up by DHL courier. Package arrives at origin and paperwork is verified Package processed at sorting hub. Package forwarded to export gateway for paperwork verification, manifesting, and data entry. Flight departs. 7 Package departs to sorting hub. Shipment arrives at import gateway. Customs clearance process is completed. Shipment is forwarded to destination HUB or delivery station. 8 Package delivered by courier to final destination. 7

8 U.S. Trade Agencies That Regulate Shipments In addition to Custom and Border Protection (CBP), Other Government Agencies' (OGA s) regulate product admissibility. CBP works in conjunction with many OGA s who advise CBP if products may or may not be admitted. Below are some common OGA s which may restrict the importation/exportation of commodities that fall within their jurisdiction. 8

9 Basis of Export Control Regulations Types of Controls Examples COMMODITY BASED CONTROLS COUNTRY BASED CONTROLS PARTY BASED CONTROLS International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) license controls based on what the item is or its essential character Debarred, Restricted, and Denied Parties Office of Foreign Assets Control (OFAC) embargoes and Bureau of Industry and Security (BIS) country restrictions 9

10 Department of Commerce Bureau of Industry and Security (BIS) BIS Mission: Advance U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership. BIS regulates the export of dual use items that have both commercial and military applications Office of Export Enforcement (OEE) is one of the primary agencies that enforce export regulations along with Immigration and Customs Enforcement (ICE) - OEE has representatives at the Export Enforcement Coordination Center (E2C2) that facilitates the sharing of information on investigations with the Federal Bureau of Investigation, ICE and other agencies, so they can collaborate on enforcement activity. 10

11 Department of State Department of State (DOS) Directorate of Defense Trade Controls (DDTC) Mission: Controlling the export and temporary import of defense articles and defense services covered by the United States Munitions List (USML) in the International Trafficking in Arms Regulations (ITAR). Pre-approval and Pre-alerts required for export Note placed in the Customer Master File CMF and hold instruction required for imports DHL Controlled Exports team files EEI in AES and can manage DSP-73s Shippers must use updated version of E-commerce with service alert label Temporary imports need to be pre-alerted 11

12 Department of Treasury Office of Foreign Assets and Control (OFAC) OFAC Mission: administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States. Service from the US to certain countries is closed or restricted. - North Korea (Democratic People s Republic of Korea) - Cuba - Iran - Sudan (North) - Syria Generally, no dutiable commodities are allowed from the U.S. to these countries, unless pre-approved by DHL Express Contracts, financial documents, and financial instruments are generally prohibited unless pre-approved by DHL Express 12

13 Automated Export System (AES) Electronic Export Information (EEI) (formerly Shippers Export Declaration (SED)) is required for an export shipment when: The value of an individual commodity exceeds $ The shipment is traveling under an export license The shipment is subject to International Traffic in Arms Regulations (ITAR) but is exempt from license requirements Shipments containing 600 Series Export Controlled Classification Number s (ECCN) Shipments against Foreign Trade Regulations (FTR) License Exception Strategic Trade Authorization (STA) Other requirements exist for embargoed countries, valid end users, and rough cut diamonds AES filings can be made by the US Principal Party in Interest (USPPI) or their authorized filing agent 13

14 Most Common FTR Filing Exemptions 30.37(a) Low Value Exemption No single commodity greater than $2,500 From same shipper to same consignee on same movement Based on individual HTS/Schedule B code value not total shipment value Canadian Exemption (does not apply to ITAR shipments or shipments under an export license) 30.37(f) Technology and Software (only for NLR under EAR) Temporary shipment exemptions removed, and now they are being added again 30.37(q) and (r) 14

15 Export Control Covers More Than Commodities The transmission or sharing of technology / technical data with a foreign national is an export to that person s country Deemed Exports : An export can occur while in the U.S. (e.g. foreign national visits your facility or hiring foreign nationals) 15

16 Export Control Covers More Than Commodities (continued) Controls should be considered on in-person meetings and Do not forget the red flags and 10 General Prohibitions that cover all exports Get your legal department or outside counsel involved no matter how scary 16

17 Export Control Covers More Than Commodities (continued) Do not get it wrong! Violations can be punished by fines and penalties, but it can also result in prison Ensure technology / technical data is treated accordingly to prevent an unauthorized export 17

18 Contact & Resources International Trade Affairs & Compliance 236 Wendell H Ford Blvd M/S 1306 Erlanger, KY Central Phone: tradecompliance.usa@dhl.com For more expert information from DHL on international shipping and trade visit: or follow us on 18

19 THANK YOU

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