Key Compliance Issues & Complexity in

Global Trade Management and

How it Affects our Business

Adela Deaconu© Royal Philips Electronics, The Netherlands

29 May 2011 – Rotterdam – The Netherlands

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IMPORTANT NOTES:• © Koninklijke Philips Electronics N.V. 2010. All rights reserved.Reproduction, adaptation, modification or dissemination in wholeor in part is prohibited without the written consent of the copyrightowner.• Disclaimer: No liability will be accepted for any consequence ofthe use of the information contained in this document. The data ortext mentioned in this presentation have no legal value. For allvalid information reference is made to the applicable laws andregulations and other sources of official governmental information.

Adela DeaconuCorporate Export ControlsPhilips International - Corporate Legal Department/Compliance Group

Breitner Center HBT 17.02Amstelplein 2, 1096 BC AmsterdamP.O. Box 77900, 1070 MX AmsterdamThe Netherlands

Royal Philips Electronics

Healthcare

Consumer Lifestyle

Lighting

Founded in 1891Headquartered in Amsterdam, the Netherlands

Sales over EUR 25.4 billion in 2010 (USD 33.8 billion)33% of sales generated in emerging markets

Globally recognized brand (world top 50)Our brand value doubled to $8.7bln since 2004

119,000 employeesSales and service outlets in over 100 countries

€1.6 billion investment in R&D, 6% of sales50,000 patent rights – 36,000 registered trademarks –63,000 design rights

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Governmental Requirements

INTERNATIONAL & NATIONAL regulations

Apply to

ALL EXPORTERS & BROKERS

And are implemented & enforced by national governments through license requirements…

and much more…

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Untangle the Export Control Process!

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The challenge of complianceManufacturers, Distributors & Brokers

Challenge Manufacturer Distributor Broker

Classification

requires technical knowledge & different interpretations of the legislation

Destination Controls

knowledge of the End-User, re-export destinations and sanctions regimes

End-Use & Catch-All Controls

Specific Applications eg. Space, military, nuclear etc

Jurisdiction & Authorizations

US extraterritorial controls, re-export licenses and other applicable restrictions from EU member states

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Methods Used to Evade Export Controls

Evading methods are a violation in itself.

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Compliance in a nutshell…do your due diligence

• Know your product

…its classification and end-use

• Know your customer

… Its business and its compliance program

• Know your destination

…where your products will end up

• Know the law

…jurisdiction and authorizations applicable to your transaction

* Products = goods, software, technology

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Develop compliance strategy - Overcome the challenge …Export Controls compliance needs to be integral part of the business, embedded in the

company’s business and processes Your compliance framework should:

1. Create a Culture of Compliance - From Management commitment to employee commitment - Build trust, build partnership, build one team

2. Assess Compliance Risk - Know the business past, present and future compliance challenges and be prepared

3. Establish Control Activities- Simple but effective business controls

4. Keep Communicating- Train, train and train some more

5. Create a Monitoring (Self-assessment) Program- Speak softly and carry a big stick

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The Philips Framework – brief introduction & case study on screening challenges

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Philips System on Export Controls

In order to enable the Philips organisation to comply in full with all applicable laws and regulations on Export Controls,

Philips has created the

Philips System on Export Controls

mandatory for everyone in the companyadministered by

Corporate Export Controlshttp://pww.export-control.corp.philips.com

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Philips Policy on Export Controls

• Corporate Policy �Comply in full with the terms and spirit of all app licable export control regulations

• Compliance �Responsibility of the operating units

• Uniform and company-wide system on Export Controls �Procedures & advice tool PROTECT mandatory for everyone

• All staff involved in Export Controls �Personally accountable for adhering to regulations in their country and to Philips rules

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Philips Screening Strategy

Our MOTTO is = “EVERYTHING, EVERYTIME and by EVERYON E.”

Among other we have the following:- Screening Tool is available for everybody in the company without

restriction- Ability to screen on line and off line using our own developed tool called

PROTECT- Tool is mandatory, screening must be incorporated at all levels of the

organization- Our SAP system is also running the GTS module incorporating the

screening module where PROTECT lists are incorporated- We implement all lists in all the jurisdictions we are located as well as in

the jurisdictions our customers are located including making use of list that are no mandatory to use for risk management purposes (e.g. Risk files)

- Central handling of actual “HITS” at Corporate Export Controls

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Develop a screening strategy: Needs – Wants – Musts • Risk Assessment must take into account the following:

– Location of your company

– Location of your markets, and direct and indirect customers

– Sensitivity of your product portfolio

– Size

– Daily business transactions

– Business model and infrastructure

– Risk appetite

– etc

The result of the assessment should make it clear WHAT you SHOULD implement .

Screening process is a MUST per definition in any company.

The debate should be about the What and the How!

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Screening Challenges

CHALLENGE RESOLUTION FACTORS Some Choices

Which lists to use Jurisdiction and business

scope

US vs. EU & other vs. ALL

When to screen Business model and

practices

Order intake vs. Shipment &

invoicing vs. ALL

Who should screen Organizational model and

practice

Sales vs. Logistics

What tools to use Business sophistication and

amount of transactions

Manual vs. off the shelf SW

tools vs. own developed

Language Market and customer

location

English vs. Other

National legislation on

privacy

Business locations Risk based approach vs. do

not care

How to deal with the

HITS

Business model, practice and

sophistication

Ad hoc vs. local vs. central

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Case study on timing of screening transactions

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When MUST I screen a transaction?

Case:– Sales manager gets a lead on a major deal in middle east

– He prepares a sales pitch and gets in contact with the potential customer taking with him some samples of our new product containing the new security implementation

– During the meeting he finds out that the deal is urgent needs to be closed within 1 week with product to be shipped out within 2 weeks

– Sales manager checks stock levels at factory

– Sales manager commits to do the sale (contract) and comes back and places the order in the internal system

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When MUST I screen a transaction?

Possible Scenarios1. Order goes through the system

• but is stopped at customs offices• but the payment is refused by the bank• but the LSP does not want to process and holds the goods

2. Order is blocked in the system• Order can never be delivered (customer on SDN list)• Order can only be delivered with individual license

ALWAYS,…but most importantly be aware when new business lea ds are

pursued…

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Food for thought…

• Do you have all the lists implemented that you must have to be compliant?

• Is your software screening tool effective to cover all areas of your business?

• Is your software tool available to everybody that might need it both on line and offline if required?

• Is your screening strategy effective to cover all areas of your business?

– Have you thought about:• E.g. Screening your company “preferred hotels”?

• E.g. Screening your visitors?

• E.g. Screening universities and students you are working with?

• E.g. Screening research entities you are working with?

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