Transcript Export Compliance

EXPORT COMPLIANCE
KEEPING OUR WORLD UP AND RUNNING
Carol Mikula
Export Compliance Coordinator
Phone: 425 446-5416
[email protected]
Cathleen Bouvart
Export Compliance Coordinator
Phone: 425 446-6289
[email protected]
December 8, 2009
Company Confidential
Export Compliance at Fluke
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EXPORT COMPLIANCE
AGENDA:
 Corporate Compliance Policy
Statement
 Reasons for Controls
 The cost of violations
 U.S. Export Control review
 What an export transaction is
 Questions
December 8, 2009
Company Confidential
Export Compliance at Fluke
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FLUKE CORPORATE COMPLIANCE POLICY
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Adhere strictly to all applicable export control
laws and regulations
Train employees
Maintain an internal control program
Disclose known violations
CARRY OUT NO TRANSACTION IN VIOLATION
OF THE LAW
December 8, 2009
Company Confidential
Export Compliance at Fluke
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REASONS FOR CONTROLS
Protect National Security from Military Threats and
Acts of Terrorism
Promote Foreign Policy
Preserve Domestic Availability of Products in Short
Supply
Prevent Proliferation of Weapons of Mass Destruction
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Dual-Use products have civilian
and military applications
7 July 2015
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THE COST OF VIOLATION
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Civil Penalties in the form of fines
Criminal Penalties resulting in imprisonment
Loss of Export Privileges
U.S. Commerce Department along with U.S. Customs
and Border Protection, have significantly increased their
enforcement of the export regulations
December 8, 2009
Company Confidential
Export Compliance at Fluke
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EXPORT TRANSACTIONS
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Any item that is sent from the United States to a
foreign destination is an export.
A deemed export is a “release” of technology,
software, or source code to a Foreign National in the
United States
Technology is “released” for export
• when it is available to a foreign national for visual
inspection – example - reading technical
specifications
• When technology is exchanged orally
• When technology is made available by practice or
application under the guidance of persons with
knowledge of the technology
December 8, 2009
Company Confidential
Export Compliance at Fluke
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EXPORT TRANSACTIONS
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Transfer of Product from U.S
 For Sale or No Charge Transactions
Shipment or Hand Carry
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Temporary Use
Demo or Exhibition
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Servicing and Repair
Hiring and training of foreign nationals
Training, lectures, seminars
Re-export from original destination
December 8, 2009
Company Confidential
Export Compliance at Fluke
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U.S. EXPORT CONTROLS
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NO Fluke product may be exported or
re-exported to:
• Cuba, Iran, North Korea, Sudan, or
Syria
December 8, 2009
Company Confidential
Export Compliance at Fluke
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Export Regulations for Fluke’s
Thermal Imaging Cameras
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The Fluke Thermal Imager is controlled by the Bureau of
Industry and Security United States Department of
Commerce, diversion of this product contrary to U.S. law
prohibited.
An export license must be obtained from the Bureau of
Industry and Security, United States Department of
Commerce before leaving the United States or Canada.
Failure to do so is in violation of the Export Administration
Regulations
December 8, 2009
Company Confidential
Export Compliance at Fluke
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U.S. EXPORT CONTROLS
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Denied Persons List (DPL)
Violators of U.S. export regulations denied export
privileges by the U.S. Government
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Specially Designated Nationals (SDN)
Parties identified by the U.S. as acting on behalf of
embargoed countries
Subject to same controls as an embargoed country
ENTITY LIST
• Parties identified for known involvement in prohibited
end use
• U.S. export license required for ALL transactions
• Currently includes parties in: Canada, China, Egypt,
Germany, Hong Kong, India, Iran, Israel, Kuwait,
Lebanon, Malaysia, Pakistan, Russia, Singapore, South
Korea, Syria, and the U.A.E.
December 8, 2009
Company Confidential
Export Compliance at Fluke
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Know Your Customers!!!!
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Look for diversion possibilities or “Red Flags”
• Customer is evasive or unclear if the shipment is for
domestic or foreign use
• Unusual ship to location or shipment to a freight
forwarder
• Product does not match the customers line of business
• The customer or purchasing agent is reluctant to offer
information about the end-use of the item
• The customer is willing to pay cash for a very expensive
item
• The customer has little or no business background
• The customer is unfamiliar with the product's
performance characteristics but still wants the product
• Routine installation, training, or maintenance services
are declined by the customer
December 8, 2009
Company Confidential
Export Compliance at Fluke
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CONTACTS AND REFERENCES
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Fluke contacts for questions regarding regulations
on Fluke products are:
• Carol Mikula at [email protected] or
phone 425 446-5416, fax 425 446-5778
• Cathleen Bouvart at
[email protected] or phone 425
446-6289, fax 425 446-5778
Denied parties search:
www.visualcompliance.com
You may also refer to www.bis.doc.gov for more
details on the US Export Rules and Regulations
Note: Fluke does not endorse Visual Compliance, this is only a recommendation of
one of the many services available.
December 8, 2009
Company Confidential
Export Compliance at Fluke
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SUMMARY
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Fluke products are controlled by the U.S.
Department of Commerce export laws and
regulations
Fluke maintains a strict export compliance
program
Violations may result in costly penalties,
including loss of export privileges
Watch closely for the “Red Flag” indicators
Know your customers!!
Compliance is the responsibility of
everyone
QUESTIONS?
December 8, 2009
Company Confidential
Export Compliance at Fluke
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EXPORT COMPLIANCE
KEEPING OUR WORLD UP AND RUNNING
Fluke Export Compliance Team:
Carol Mikula
425 446-5416
[email protected]
Cathleen Bouvart
425 446-6289
[email protected]
December 8, 2009
Company Confidential
Export Compliance at Fluke
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