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Tuesday, 18 June 2013

International Trade Compliance Tales of Woe - Ignoring the Basics: Export Licensing – well everything seemed ok

I visit lots of companies and see many more people at training courses and I’m worried about the trend I’m seeing – companies and their staff don’t know why they are doing things and they’ve forgotten (if they ever knew) the basics.

Take the control and procedures for using Export Licences.  Often there is no procedure, so what they should be doing is in someone’s brain and if they leave (or are made redundant) the people taking over can only follow previous examples.  And then they forget to do something, eg notify HMRC in Southampton of the use of an individual licence for goods going into the EU, mild panic – the other person had always done that  … but nothing happens.  No one chases them, no letter from HMRC about breaking the law … well, then, let’s not bother – it’s time consuming and delays shipment to do it and if no-one seems worried I’ve got plenty more things to get on with.  But it’s a legal requirement – the staff just hasn’t been trained and fail to understand how important it all is.


I was asked to assist one company recently to create a Corrective Action Plan - they are under HMRC investigation over numerous offences against the Export Control Act – the offences include exporting licensable goods without a valid licence; not checking end-user details (diversion via EU to controlled destinations occurred); not being able to identify controlled goods/technology internally; military technology being hand-carried overseas on laptops, etc.  The offences date back 4 years … coincidently it was just over 4 years ago that they had made their logistics manager redundant.  He was a nuisance anyway – always asking lots of questions, stopping exports, expecting them to turn down orders, slowing things down.  Everything worked so much better without him … until, of course, HMRC caught up with them.  By not acknowledging the importance of export licensing controls and intentionally ignoring previous procedures the company is in a very difficult position (potentially 10 years imprisonment looms over the Chief Exec).  First step – their right to export was removed; 3 months later we have re-established export control compliance and they are exporting again but the fines and criminal penalties still hang over the business.  I wonder what happened to that nuisance of a logistics manager.  They’d have him back in a shot, now!

How can Strong and Herd LLP help?


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