zeptometrix corporation. export compliance program design and implementation business review and...

19
ZeptoMetrix Corporation

Upload: cory-wade

Post on 22-Dec-2015

216 views

Category:

Documents


1 download

TRANSCRIPT

Page 1: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

ZeptoMetrix Corporation

Page 2: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

Export ComplianceProgram Design and Implementation

Business Review and Capability Assessments (Internal vs. External)

Mandated Requirements for Exporting Companies Manual Design and Integration with Current Quality

System, (ISO 13485 / QSR cGMP) Define Employee Roles and Responsibilities Employee Training and Review Monitoring and Continual Improvement

Page 3: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

ZeptoMetrix CorporationBusiness Review

ZMC is a fully integrated biotechnology company that services diagnostic and pharmaceutical companies worldwide

Company manufactures raw materials and diagnostic kit components used by scientists to develop testing kits and also products to maintain their quality control

Company ships biological materials, inactivated organisms, test kits and other related diagnostic products

Page 4: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

United States Export Compliance Requirements

Appropriate Export Commodity Jurisdiction Dept. of Commerce (BIS) v. Dept. of Defense (DTC)

Overlapping and intersecting export controls Primary: Export Administrative Regulations (EAR), Dept. of

Treasury (OFAC); Foreign Trade Regulations (FTR), Dept. of Defense through ITAR

Know your product/service---see where it fits in the export regulatory scheme

There is no substitute for reading and cross-referencing those regulations applicable to your product and industry to understand your export responsibilities.

Page 5: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

Manual Design Design Manual with focus on integration into Current Quality

System Manual should be written for hands on use, not as a show

piece for auditors Operations & Legal were the key drivers of the compliance

development process. Staff from various affected departments were consulted as needed Delegate revision responsibilities; maintained one working draft

Research and determine which US regulations are appropriate to your business

Identify key positions within the company that will play a role in Export Compliance (organizational chart)

Develop process maps to include Export Compliance into current company activities

Page 6: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

Export Compliance Manual Sections 1. Export Management System Summary

Policy Statement; Scope of EAR

2. Administrative Elements Responsibilities; Record Keeping; Training

3. Order Processing System Flowcharts for New Customer Set-up, Order Process, & Export

Compliance Officer Decision Tree Narrative indicates where to screen, “hold” an order, and

instructions for resolving a “hold”

4. Export Licensing Requirements Product Commodity Classification Process

5. Export Licensing Requirements Restricted End-Uses and End-Users

6. Export Clearance

7. Appendices 1 – 19

Page 7: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

ZMC Export Compliance Requirements

Dept of Commerce: BIS, subject to EAR (15 CFR 730 et seq) ZMC products are intended for commercial use, some capable of military application: “Dual-Use”

“General Prohibitions” of EAR are applied to all ZMC Product Orders:

Restricted End-Users, End-Uses, Embargoed Countries Red Flags and Anti-boycott Provisions Identify those ZMC Products on the CCL that require export licenses Special attention paid to those regulations dealing with Chemical and

Biological Weapons

Page 8: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

Organization Chart

Page 9: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

Order Process Flowchart

Page 10: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

New Customer Set-up Flowchart

Page 11: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

Employee Roles and Responsibilities Operations

Lead Export Compliance planning and design meetingsProcess map new export requirements into current

operations and optimize current system where appropriate

LegalConduct research and generate draft Export

Compliance Manual applicable to ZMC business focus

Work with Operations to streamline processes : minimize workflow interruption while staying export compliant

Assists in implementing and updating export compliance program

Page 12: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

Employee Roles and Responsibilities Regulatory/Quality Assurance

Design new /modify existing standard operating procedures to integrate export compliance requirements

Implementation and training of new proceduresMonitoring and continual improvementAct as on-site Export Compliance Officer

ScientistsAssess new ZMC Products against Commerce Control

List (CCL) for ECCNUpdate MRP /database system with code for each new

product with ECCN; inform Export Compliance OfficerPrepare technical description of ZMC Products with

ECCN for BIS license application

Page 13: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

Employee Roles and Responsibilities

SalesNew Customer Approval and set-up in billing system

Screen initial ZMC product inquires for “Red Flags” and Anti-boycott compliance

Process Orders: screen for restricted users/uses and whether product requires BIS export license due to ECCN designation

MarketingUpdate of company literature and website with Export

Disclaimers

Page 14: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

Employee Roles and Responsibilities

DistributorsDefine processes for ZMC products with ECCNLetter of commitment for following US Export

Regulations

Shipping / ReceivingScreen each order against restricted uses/users, Red Flags

and embargo lists –e.g. “Shipping Solutions” softwareApply for BIS licenses when requiredAppropriate labeling and packagingMaintain shipping records in accordance with applicable

government regulations

Page 15: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

Employee Training and Review

Identify Departments that require training (org chart)

Set up initial training sessions

Document compliance with written tests and keep on file with other employee training records

Troubleshoot system with various go, no-go situations

Monitor for continual improvement

Page 16: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

Monitoring and Continual Improvement

Conduct annual training meeting for updates to export compliance

Export Compliance Officer and Legal are enrolled with BIS for regulatory updates via email

Annual Audits by Export Compliance Officer New Customer Records, Outbound Shipment Records, Employee

Training Records Review/amend where necessary standard operating procedures

that include export compliance components

Page 17: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

Challenges Complexity of Export Compliance: Resources

(1) BIS website: “Compliance Guideline: How to Develop an Effective Management and Compliance Program and Manual” http://www.bis.doc.gov/complianceandenforcement/emcp_guidelines.pdf; see training modules, seminars, contacts

(2) EAR and related export regulations on-line

(3) Professional Organizations: e.g. Tradewin, Association of Corporate Counsel, Law Libraries: white papers, forms, seminars, consulting

(4) Massachusetts Export Center: consult and assistance

Page 18: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

Challenges Streamlining Export Compliance

Understand export requirements well enough so that you can integrate compliance measures without strangling business efforts

Examples: (1) Sell ZMC Products with ECCN directly, not through distributors—

limit liability and processing time for license (2) Only code/document those Products with ECCN—not all ZMC

Products (3) Export Screening Software; expedite Export Compliance Officer

review of positive screenings (4) Company policy: do not bother with applying for license where

have verified positive screening for a restricted end-user, end-use, embargoed country

(5)Standardize forms: e.g. Product Commodity Classification, Customer Profile, Distributor Letters

New Export Compliance Regime Anticipated

Page 19: ZeptoMetrix Corporation. Export Compliance Program Design and Implementation  Business Review and Capability Assessments (Internal vs. External)  Mandated

ZeptoMetrix Corporation

878 Main StreetBuffalo, NY 14202

(800) 274-5487(716) 882-0920

(716) 882-0959 (FAX)

Contact Information

25 Kenwood CircleSuite 6

Franklin, MA 02038(866) 520-0588(508) 553-5800(508) 520-1525

www.zeptometrix.com

Elise S. [email protected]

John [email protected]