Trade compliance and logistics have always been tightly interwoven, and the most successful companies understand how to manage both to avoid risk and take advantage of opportunities. Case in point: the extraordinarily volatile environment companies find themselves in, 尤其是在美国, where it seems our only preemptive to the daily news is reactionary.
This month’s Trade Compliance Topic illustrates the extent of the impact world events have on international trade and provides a gentle reminder and awareness of the government actors involved in enforcing policies as well as how these policies affect you.
It is important to realize that threat of conflict or the threat of economic sanction are tools governments use to forward their own national interests. 几年前，当美国.S. announced troop withdrawal from Syria the Turkish government said they would invade Syria; a few moments later the Trump administration tweeted that economic sanctions would be placed on Turkey if it went through with the planned incursion Turkish President Recep Tayyip Erdogan called President Donald Trump’s bluff, ,过了一会儿, BAM!!! 制裁被放置. Turkey felt the pain, and six days later, the sanctions were called off.
虽然短暂的, sanctions against Turkey showed the Trump administration’s eagerness to announce sanctions it also its unsteadiness in applying them. Sanctions against Turkish government ministries and officials were also accompanied by the tweeted threat to “totally destroy and obliterate the Economy of Turkey. “This use of sanctions may signal a more unpredictable future for all.
Several agencies, control international trade, although you must pay particular attention to two:
- 的 Office of Foreign Assets Control (OFAC) administers a number of different sanctions programs. 制裁可以是全面的，也可以是有选择的, using the blocking of assets and trade restrictions to accomplish foreign policy and national security goals. OFAC总共监管32个单独的制裁项目, 不包括那些包括个人或公司的.
- 的 工业和安全局 (BIS) vigorously administers and enforces such controls to stem the proliferation of weapons of mass destruction and the means of delivering them, to halt the spread of weapons to terrorists or countries of concern, 并进一步促进重要的美国经济.S. 外交政策目标. 的 BIS enforces the Export Administration Regulations and Antiboycott Regulations.
At a high level, think of OFAC as regulating money and BIS as regulating product.
美国.S. government stretches its long arms across borders through a concept of extraterritorial jurisdiction. 不需要深入杂草, please accept that extraterritorial jurisdiction basically relates to two fundamentals: – prescriptive jurisdiction the regulation of conduct, namely the location of the conduct) and adjudicative jurisdiction (the location of the party).
的 carrot dangled in front of any international trader is access to the U.S. 金融市场. 违反U.S. 并冒着被排除在外的风险，就这么简单.
这是否公平, 或不, powerful governments have weaponized their participating government agencies with great success. In light of this threat, many countries have also banned shipments of goods to conflict regions.
We are in a fortunate position whereby we do not have to choose sides, 事实上，你最好不要这样做. 而, stay attuned to the fast-paced geopolitical issues that may not only aggravate our administration, 但任何外国政府和计划都有这两种结果.
请记住,你.S. 对非美国公司的所有权或控制权.S. 公司可以意味着美国.S. sanctions apply directly (in case of Cuba, Iran, Syria, North Korean or Crimean sanctions). Even if such sanctions do not apply directly in your home countries, U.S. ownership and control usually means operational involvement of U.S. persons such that most companies consider policies that either recuse involvement of such U.S. persons or set forth restrictive corporate policies on doing business with sanctioned territories.
和你在一起工作.S. 金融机构或贸易商品的美国.S. 美元的介入也意味着美国经济增长.S. sanctions scrutiny as financial institutions act as gatekeepers for the review of sanctions risks. 甚至班.S. 金融机构寻求遵守美国法律.S. 鉴于制裁, 在其他方面, the risk of sanctions for processing or facilitating financial transactions with U.S. 制裁的目标.
交易你.S.-origin hardware, software, and technology (“Items”) can mean that U.S. 附有制裁和出口管制管辖权. 因此,班.S. 公司应该评估美国.S. 供应链的连接点, prioritizing identification of those Items that are perhaps dual-use or subject to higher controls. 无意中再出口受美国海关管制的物品.S. law, not only to sanctioned territories and parties but also to countries subject to higher U.S. export controls in general, can result in violations of not only U.S. 法律，而是你祖国的法律.