Import/Export Enforcement Consulting
In the wake of 9/11, the U.S. Government has
significantly increased
investigations, prosecutions and enforcement
actions related to imports and
exports across U.S. borders, focusing on such
issues as Weapons of Mass
Destruction (WMD) proliferation, terrorist
finance and other support, economic
espionage/technology transfers, intellectual
property, customs frauds and
consumer protection. Agencies including the
U.S. Department of Justice, the
Federal Bureau of Investigation (FBI),
Immigration and Customs Enforcement
(ICE), the Commerce Department’s Bureau of
Industry and Security (BIS), the
Office of Foreign Assets Control (OFAC) and
Customs and Border Protection (CBP)
are involved in these efforts. The Justice
Department has initiated a new
National Counter-Proliferation Initiative to
further increase and coordinate the
Federal Government’s export enforcement and
prosecution efforts; and recent
legislation significantly increases potential
penalties for criminal and civil
export violations.
Investigations can be far-reaching in reviews of business and financial operations, international transactions and compliance with U.S. import and export laws and regulations. Importers/exporters can be subjected to enforcement actions ranging from simple outreach visits to their company to interviews of corporate officials and employees, receipt of grand jury and administrative subpoenas, execution of search warrants at their business premises and even arrest of company officials. Violations can result in the detention and seizure of goods crossing the borders, criminal prosecution, imprisonment, multi-million dollar civil fines, significant business disruptions and adverse publicity for involved companies.
MK Technology offers a solution for companies that are notified of an impending visit/investigation or want their import/export activities reviewed to help prevent violations. MK Technology partner Mike Turner, a former Director of enforcement operations at both Customs and BIS, has literally written the book on how field agents perform investigations and criminal and civil cases are pursued. Highlights of his experience as the Director of the Office of Export Enforcement and as a senior executive with the U.S. Customs Service and the succeeding Immigration and Customs Enforcement (ICE) bureau include:
* Establishing/implementing enforcement programs and efforts focusing on violations involving Weapons of Mass Destruction (WMD), terrorism, military diversions and trade frauds including intellectual property, customs classification/value, country of origin marking, and NAFTA compliance
* Developing enforcement aspects of BIS policies on deemed exports and trade with China
* Writing/issuing new enforcement policies and procedures including conduct of deemed export compliance reviews, action on foreign end-use checks, processing of voluntary self disclosures
* Developing/implementing new penalty processes to address increased IEEPA penalties and revised penalties under the Customs fraud statute (19 USC 1592); determining penalties to be assessed and mitigated factors to be considered in individual cases as a member of the BIS Administrative Case Review Board (ACRB); developing proposed legislation to enhance enforcement programs and increase penalties for violations
* Developing/implementing new procedures for Customs and Commerce on investigative procedures and handling of voluntary disclosures
* Directing/managing major cases involving illicit trade in WMD technologies, terrorist financing and support, diversions of military items, ITAR and OFAC violations, and major Customs frauds
* Developing and giving training to investigators, prosecutors, attorneys and penalty officials on import/export penalty procedures
* Establishing/implementing guidelines/procedures for media releases on enforcement cases
Our Import/Export Enforcement assessments evaluate alleged violations, importer/exporter’s use of reasonable care, exposure to criminal prosecution and civil penalties and potential strategies including defenses, voluntary disclosures and settlements/offers in compromise. Findings and conclusions are conveyed to the client’s senior management and counsel. These assessments help clients identify and resolve gaps to address and mitigate the impact of a Government investigation or enforcement action, saving clients money and avoiding disruption of business and negative publicity.
Our assessments are backed by MK Technology’s well-established practice in export compliance consulting and long-standing expertise in helping clients establish and evaluate internal compliance programs and procedures and provide customized training in export control requirements. The MK Technology team includes experts with years of experience in managing and evaluating compliance programs with major manufacturers and exporters in defense and high technology companies, who will bring their expertise to bear on identifying and recommending solutions to resolve underlying root causes of non-compliance to help avoid violations and facing the Government’s stepped-up enforcement efforts.
Contact our experts for more information on the compliance and enforcement services we have to offer.
Investigations can be far-reaching in reviews of business and financial operations, international transactions and compliance with U.S. import and export laws and regulations. Importers/exporters can be subjected to enforcement actions ranging from simple outreach visits to their company to interviews of corporate officials and employees, receipt of grand jury and administrative subpoenas, execution of search warrants at their business premises and even arrest of company officials. Violations can result in the detention and seizure of goods crossing the borders, criminal prosecution, imprisonment, multi-million dollar civil fines, significant business disruptions and adverse publicity for involved companies.
MK Technology offers a solution for companies that are notified of an impending visit/investigation or want their import/export activities reviewed to help prevent violations. MK Technology partner Mike Turner, a former Director of enforcement operations at both Customs and BIS, has literally written the book on how field agents perform investigations and criminal and civil cases are pursued. Highlights of his experience as the Director of the Office of Export Enforcement and as a senior executive with the U.S. Customs Service and the succeeding Immigration and Customs Enforcement (ICE) bureau include:
* Establishing/implementing enforcement programs and efforts focusing on violations involving Weapons of Mass Destruction (WMD), terrorism, military diversions and trade frauds including intellectual property, customs classification/value, country of origin marking, and NAFTA compliance
* Developing enforcement aspects of BIS policies on deemed exports and trade with China
* Writing/issuing new enforcement policies and procedures including conduct of deemed export compliance reviews, action on foreign end-use checks, processing of voluntary self disclosures
* Developing/implementing new penalty processes to address increased IEEPA penalties and revised penalties under the Customs fraud statute (19 USC 1592); determining penalties to be assessed and mitigated factors to be considered in individual cases as a member of the BIS Administrative Case Review Board (ACRB); developing proposed legislation to enhance enforcement programs and increase penalties for violations
* Developing/implementing new procedures for Customs and Commerce on investigative procedures and handling of voluntary disclosures
* Directing/managing major cases involving illicit trade in WMD technologies, terrorist financing and support, diversions of military items, ITAR and OFAC violations, and major Customs frauds
* Developing and giving training to investigators, prosecutors, attorneys and penalty officials on import/export penalty procedures
* Establishing/implementing guidelines/procedures for media releases on enforcement cases
Our Import/Export Enforcement assessments evaluate alleged violations, importer/exporter’s use of reasonable care, exposure to criminal prosecution and civil penalties and potential strategies including defenses, voluntary disclosures and settlements/offers in compromise. Findings and conclusions are conveyed to the client’s senior management and counsel. These assessments help clients identify and resolve gaps to address and mitigate the impact of a Government investigation or enforcement action, saving clients money and avoiding disruption of business and negative publicity.
Our assessments are backed by MK Technology’s well-established practice in export compliance consulting and long-standing expertise in helping clients establish and evaluate internal compliance programs and procedures and provide customized training in export control requirements. The MK Technology team includes experts with years of experience in managing and evaluating compliance programs with major manufacturers and exporters in defense and high technology companies, who will bring their expertise to bear on identifying and recommending solutions to resolve underlying root causes of non-compliance to help avoid violations and facing the Government’s stepped-up enforcement efforts.
Contact our experts for more information on the compliance and enforcement services we have to offer.