Automated Commercial Environment (ACE): How It May Affect Your Exports
Transcript of Automated Commercial Environment (ACE): How It May Affect Your Exports
UPS ACE Export Webinar March 31, 2016
AES Export meets ACE
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Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
Before we discuss export . . .
Quick update on the continued ACE import migration
ACE Submission Rate =
(ACE Volume / ACE + ACS Total Volume)
75% 74% 74%76%
78% 79% 78%80%
82% 83% 84% 83%
16%19%
23% 24%28%
30%32%
34%36%
38% 39%
54%
9-Jan 16-Jan 23-Jan 30-Jan 6-Feb 13-Feb 20-Feb 27-Feb 5-Mar 12-Mar 19-Mar Mar (Est)
ACE Entry Summaries (% of Total) ACE Cargo Releases (% of Total)Source: www.cbp.gov/trade/automated
Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
US exports continue to close in on US imports
Quarterly data; seasonally adjusted
Source: US Census
0
50
100
150
200
250B
illio
ns
Imports of Goods: General Merchandise: Industrial supplies and materials, Millions of Dollars, Quarterly, Seasonally Adjusted
Exports of Goods: General Merchandise: Industrial supplies and materials, Millions of Dollars, Quarterly, Seasonally Adjusted
Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
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The consequences of non-compliance can be costly
Recent enforcement actions for violations have resulted in significant fines and sanctions to exporters.
Corporate violations
2010 penalty of $3.75 million (1)
2012 penalty of $370,000 (2)
2012 penalty of $75 million (3)
2013 penalty of $8 million (4)
2014 penalty of $10 million (5)
2015 penalty of $275,000 (6)
Individual sanctions
42 months prison sentence, five years supervised release,
$500 assessment, $1,000 criminal fine (7)
Administrative debarment and prohibited from participating in ITAR export activities for three years (8)
Sources:(1) http://www.millerchevalier.com/Publications/MillerChevalierPublications?find=47302 (2) http://www.exportlawblog.com/archives/3755 (3) http://www.justice.gov/opa/pr/united-technologies-subsidiary-pleads-guilty-criminal-charges-helping-china-develop-new
(4) http://www.state.gov/r/pa/prs/ps/2013/04/208655.htm (5) http://www.state.gov/r/pa/prs/ps/2014/06/227845.htm (6) http://www.exportlawblog.com/archives/6680
(7) https://www.bis.doc.gov/index.php/forms-documents/doc_view/872-amplifier-research-us-edits-final (8) http://www.state.gov/t/pm/rls/othr/misc/218216.htm
Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
Export Compliance 2.0
• Panelist
• Chris Bonham, LCB
• Export Compliance Specialist
• Panelist
• Rob Gonzalez, LCB
• Export Operations Manager
• Panelist
• Ron Shepherd, LCB
• UPS Trade Management
Services, Global Operations
Manager
• Host
• Greg Maddaleni, LCB
• Customs Brokerage Manager
Presenters
AES Export meets ACE
Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
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ACE Export 2.0
Agenda
Export compliance?
• How to define it in today’s regulatory environment
Recent developments
• Export Compliance Reform
• ACE Export
Solutions and Implications
Q & A
Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
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What is export compliance?
Definition:
Awareness and adherence to all regulations covering exports from the US (exporter is 100% liable)
• Who oversees it? Three Main Agencies
US Customs (CBP)
• Enforcement
Commerce Department (DOC) / Census/ BIS (“CCL”)
• Statistical filing
• Schedule “b”
• >$2,500 in value
• “Dual use”
• CCL – civil and military
• ECCN number
• 600 series
State Department
• ITAR
• Munitions list
• Specific export license
• Fish & Wildlife
o CITES
• FDA
• USDA – Agriculture
• Plants and plant products
• DEA (Drug Enforcement Agency)
o Controlled substances
• Department of Energy
o Including Nuclear Regulatory Commission
Agencies
Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
Export Item “X”
Denied party/country?
Decision process for an export shipment
License required?
Value requirement?
EEI filing
Screening
EAR/CCL/ITAR Classification
Valuation per Schedule B
(>$2,500)
Revised information update
Resolution
Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
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Export agencies tied into the ACE data mart
Access will NOT be limited to export transactions
• Seven departments (covering 21 agencies) who cover export compliance will have access to ACE datamart
One common data
mart available to all
agencies
DEA
FWS
CDC
FDA
EPA
FCC
ITC
NRC
Etc..
ACE
Data
Mart
CBP
APHIS
FAS
FSIS
BIS
FTZB
NMFS
ATF
DEA
Common access
across 47 agencies
Seven
departments
(21 agencies)
with export
oversight
Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
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Detecting unusual or inconsistent historical patterns
Identify error frequency
See repeats of same error
5 year statute of limitations
Identify patterns of negligence, gross negligence or even fraud
• PGA’s will be able to evaluate an exporters’ entries over a period of time
T1
ACE
Data
Mart
ACE
Data
Mart
ACE
Data
Mart
ACE
Data
Mart
ACE
Data
Mart
T2 T3 T4T5
Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and
reflects prevailing conditions and our opinions and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public
sources or which was otherwise reviewed by us. SCS accepts no liability for the content of this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
New ACE – AES Portal
• Replaces existing AES Direct portal
• Functionality parallels existing portal
• Profiles/templates need to be reconstructed in the new platform
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Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
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The ACE implications
Ability to search and query transactions
Ability to identify repeat mistakes made over 5 years
In other words, ability for authorities to do their job better
Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
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EEI filings management
Where each EEI filing that is not updated customer is at risk of $10,000 fine per misfiling
Exporter Flight #1
Export filing
Shmts
information
$2,500+ #1
Re-route #1
DestinationForwarder #1
Consultant/
Managed Services
Provider
Export parts
& screening
database
DOC
State Dept
Flight #2
Re-route #2
DestinationForwarder #2
$2,500+ #2
B A
C
Export filingExport
filing
Export
filing
Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
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Managing licenses & security screening
Options for managing these processes to avoid fines or loss of export privileges
Multiple infractions risk
multiple penalties
Security
Screening
Consultant/
Managed Services
Provider
Export parts
& screening
database
License &
denied party
determination
License
tracking
License &
submission
Exporter Forwarder Flight #1 Destination
DOC
State Dept
B
A
Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
Export reporting with ACE
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• Shipper establishing a “best practice”
• Shipper has ability to audit their filings no matter who filed them
Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and
reflects prevailing conditions and our opinions and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public
sources or which was otherwise reviewed by us. SCS accepts no liability for the content of this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
Key Points
• ACE
• Export data availability to the trade and to partner government agencies
• ACE – AES portal
• EEI filing
• Risks from ACE data impact
• Solution options (to mitigate risk): forwarder, exporter and 3PL options
• Export classification and license management
• Risks from ACE data impact
• Solution options: exporter vs. managed services provider
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Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
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Questions and answers
Export solutions: UPS Customs Brokerage and UPS TMS
UPS Trade Management Services
• Export Classification
• Licensing review
• License tracking
• Screening
• Independent audit of EEI filings
• Compliance training
• Export manual creation and maintenance
UPS Customs Brokerage - EEI Filing Service
• Centralized filing
• All modes / all carriers
• EEI filing re-work / re-route
• Export documentation creation
• Commercial invoice
• Shipper’s letter of instruction
• Packing list
• Bill of lading
• Recordkeeping / record retention
Proprietary and Confidential: This presentation may not be used or disclosed to any person other than employees of customer, unless expressly authorized by UPS. The information provided here is based on information obtained from government, industry, and other public sources and reflects prevailing conditions and our opinions
and views as of this date, all of which are accordingly subject to change. In preparing this presentation, we have relied upon and assumed, without independent verification, the accuracy and completeness of all information available from public sources or which was otherwise reviewed by us. SCS accepts no liability for the content of
this presentation, or for the consequences of any actions taken on the basis of the information provided.
© 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, the color brown and photos are trademarks of United Parcel Service of America, Inc. All rights reserved.
ACE and export compliance
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• ACE includes better export data and better government export data mining
• Ways for your company to prepare
• UPS Trade Management Services ACE Export compliance questionnaire
• Ask today upon checking out
• Contact your UPS sales executive
• Upcoming webinar topics:
• April 26: Europe’s Union Commercial Code (UCC) – how it may impact you
• May 19: Continued ACE implementation – upcoming milestones and deadlines
• June: TPP (date to be announced shortly)
Thank you
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