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Take Back Our Markets

by Ailish M. Nic Phaidin
Brevard Technical Journal

The recent reports from the Department of Commerce haven't been all bad. We are falling behind considerably in several areas, particularly in our balance of trade. We are definitely importing substantially more than we are exporting. The New Year is a great time for resolutions, and being resolved to succeed and meet the challenges of our competitors overseas is one of the best resolutions we can make.

Now that our currency is conducive to our exports, we should take full advantage of it. Things don't last forever. If you manufacture a commodity or produce that has high value, or even low value, now is your time to look at markets outside our territories to find new buyers and clients. If you are a service provider, the world is, generally speaking, your oyster - so to speak. You've just got to fish a little bit and you'll find that pearl.

If you're a technology manufacturer, your opportunity has come. In spite of a disgruntled global population who object to some of our foreign and defense policies, there are millions of people out there who know the quality and technological advantages of our commodities and technologies. They also know that our research and development are, by and large, the best in the world. Thus, our advantages are huge. We just need to go get 'em.

Before we embark on an all-out onslaught, after having carried our thorough research on our chosen foreign markets, we should also consider the issues of our national security and U.S. federal government export controls policies and regulations.

For example, as of December 1, 2004, the U.S. federal government has introduced a new law called "Concurrent Jurisdiction" which gives the Federal Bureau of Investigation a much more prominent and substantive role in the business of export controls and compliance issues. This new law will apply particularly to the day-to-day workings of the U.S. Customs, (U.S. Customs and Border Protection). If your commodity or service does not need a U.S. government export license, then your concerns are hugely diminished. However, you will need to research completely particular requirements in relation to your commodity, service and company.

For those who need a thorough knowledge of U.S. export and import laws and regulations, there is hope.

On February 16th, 17th and 18th, 2005 at the University of Central Florida in Orlando the Fourth Annual "Partnering for Compliance" educational conference will take place. Partnering with the various agencies and departments of the U.S. government is not only the very best way to protect our national security, it is also the very best way to learn from the expertise of the government professionals how best to protect your business and to succeed in the international marketplace. Ignorance of the law is an excuse that is utterly unacceptable.

Amongst the speakers will be Alex Hatten, who is the F.B.I's Unit Chief, Economic Espionage Unit, National Security Division, Washington. D.C. Alex wrote the "Concurrent Jurisdiction" law, and he is, therefore, the best speaker in the nation to address the issues this new law raises. Alex has agreed to discuss the new law and to answer questions from the participants. The conference organizers have arranged for an anonymous and non-attributable question method. From past experience, this has been a much sought-after amenity.

Aside from Alex Hatten, the Opening Keynote Address will be delivered by The Honorable John Douglass, President and CEO of the Aerospace Industries Association. (AIA). The AIA is by far the primary organization in the nation successfully lobbying the government relating to export controls.

Of importance to our county's defense and aerospace industries will be the presence of David Trimble, who is the Director, Compliance Division, Directorate of Defense Trade Controls with the U.S. Department of State and his colleague, Terry Davis, Deputy Director, Directorate of Defense Trade Controls Licensing. They have both agreed to take a prolonged Question & Answer period. Their presence is most gratifying, since their department has cut back considerably on out-of-office appearances, primarily due to staffing difficulties.

Also present will be Gene Christiansen, Senior Licensing Officer with the U.S. Department of Commerce (DoC), together with Rick Shimon, Assistant Director, Office of Export Enforcement who will discuss the new Safe Harbor Program. C. Harvey Monk, Jr. Chief, Foreign Trade Division at the U.S. Census Bureau will discuss the Mandatory Automated Export System (AES) for partners with the government.

The Transportation Security Administration will send a senior representative to apprise participants of the latest policies and procedures from their area. Seven senior U.S. Customs & Border Protection officers will have a complete half day to cover issues relating to both imports and exports to assist companies with compliance issues and to help them work through the maze of regulations and pitfalls.

If you are an exporter or importer, you should attend this very prestigious conference. This is also an opportunity to network with some of the largest corporations in our nation and overseas. Their representatives are usually very forthcoming.

Rarely do we see in Central Florida such an array of high-powered and knowledgeable U.S. government officials gathered together to help our businesses. You can go to the web site of the Orlando Air Cargo Association (OACA), www.orlandoaircargo.com and see for yourself. Attendance dues range from $290 for non-members of OACA to $150 for U.S. federal government employees. You can also contact the conference director at Ailish@AccessLinkInternational.com or by phone at 321-952-2978. Early booking is advisable.

Good luck with your New Year resolutions and may you succeed. The odds are in our favor.