AUDIT & ASSESSMENTS
Is your export compliance program up to date the latest International Trade in Arms Regulations (ITAR) and Export Administration Regulations (EAR) since the implementation of Export Control Reform (ECR)? All aspects of your business can be touched by export. Your program should ensure that each and every part of your operation has processes and procedures that protect against inadvertent exports. Why expose your company to significant fines and penalties, when you can invest in your compliance program and demonstrate commitment to the ITAR and EAR.? Given the impact export violations can have on your business, knowing your export compliance program is up to par with the primes, will aid in marketing your company as “ITAR Compliant”. In order to ensure your company’s compliance with all necessary export control regulations, audits are a necessary part of your business. FD Associates has conducted over 100 audits or assessments for more than three decades for small, medium, and large companies. Selected as an auditor for Department of State, Directorate of Defense Trade Controls, Compliance (DDTC) Directed Audits, FD Associates brings best practices exhibited by prime contractors and audited company’s to bear when conducting your audit.
Our team of attorneys and associates can work with your company, your internal team, your inside or outside counsel to review your company’s compliance with the applicable export regulations.
There are a number of audit approaches that FD Associates can offer your company, ranging from a review of current procedures and record-keeping practices to identify the general health of your export compliance program to a deep dive into your compliance program.
ONE DAY ASSESSMENTS
Our one day assessment can give your team a bird's eye view of your export compliance program, upon completion we can brief you on what the gaps we identify and discuss with you what steps you should take to update your program including further investigation, updates to compliance manuals, processes and procedures, additional export compliance training or a deep dive audit.
MERGERS, ACQUISITIONS AND DIVESTITURES
FD Associates offers due-diligence audits for pre-acquisition to either the buyer or the seller. These audits help limit the acquiring company's liabilities related to potential export violations by the acquired company.
For the seller, confirming the status of your export compliance program and dealing with any matters of non compliance will allow your company to limit escrow dollars for any transactions that might be questionable in the eyes of the buyer. FD Associates also provides post-merger, acquisition and divestiture audits to help companies determine which polices, procedures, training programs, templates and best practices will prevail after the activity is complete.
ECR GAP ANALYSIS
With Export Control Reform complete in 2020, companies are faced with exports that are not ITAR centric. Export compliance programs must address the export of both ITAR and EAR controlled commodities, regulated in the 600 or 500 series ECCNs, technical data/technology, and services. If your company has not updated its current program to address these regulatory changes, we can help. Our team is well versed in working with our clients in all categories of the U.S. Munitions List and the Commerce Control List to understand your company's needs. We have assisted in the development and update of numerous procedures and compliance plans to address both ITAR and EAR 600 & 500 series controlled commodities. Take the headache out of understanding what export regulation changes impact your company and your export compliance program needs. Let us help you navigate the export regulatory complexities and hurdles you might be facing with an ECR GAP analysis.
DEEP DIVE AUDITS
Comprehensive audits are an expectation by the US Government agencies. Expectations for a company to undertake such audits is on a three to five year basis. These audits ensure company management that its export compliance program is robust and properly executed by those assigned to control it on a daily basis. A detailed look into each part of your export compliance program will take place; interviews with all functional areas, reviews of both ITAR and EAR authorizations and related records from their genesis to their conclusion including shipping and AES records and your documented compliance policies and procedures. FD Associates can perform these audits in conjunction with an internal audit team, or completely independent of any participation by company personnel. The FD Associates audit team will gather objective evidence and present its conclusions in a formal report.
GOVERNMENT MANDATED AUDITS
In the case of government mandated audits, FD Associates will ensure strict adherence to both the spirit and the letter of the mandate and satisfy all concerns that have been expressed in the government's request.
Our associate's have had wide exposure to virtually every issue that might arise in the conduct of an export compliance audit. With our specialized skills, rich experience, and reliable industry knowledge, we will unveil your problem spots, assist in their correction and provide you with the assurance that your export compliance system is a robust manageable process aligned with your corporate goals and with the export control regulations it is meant to implement.
INVESTIGATIONS OF NON-COMPLIANCE
Our associates and attorneys can provide investigation services for activities surrounding any matters of non-compliance whether initiated by the company as part of its own internal compliance program, or an issue that has been identified during an audit preformed by FD Associates or mandated by a U.S. Government request. After the investigation is complete FD Associates will work with you to provide the final report.
VOLUNTARY DISCLOSURES, VOLUNTARY SELF DISCLOSURES AND CORRECTIVE ACTIONS
No matter how effective your export compliance program is, mistakes and errors occur. Once you have determined a potential violation has occurred, your company should disclose the incident via a voluntarily disclosure (DDTC) or voluntarily self disclosure (EAR). FD Associates can help you draft and document the issue so as to mitigate any penalties. We will also help you understand how the matter occurred and how you can prevent the infraction from recurring in the future by identifying corrective actions that you will be able to implement and sustain. FD Associates can, after a period of time, provide corrective action verification, verifying that your corrective action is working and if need be, how to modify the correction for better use in your compliance program.