Exporting


	An Export Management System (EMS) is an optional program to assist exporters in complying with the Export Administration Regulations (EAR). A vital part of an EMS is the establishment of mechanisms within the company that provide checks and safeguards at key steps in the order processing system, helping to better manage the overall export process. Such checks and safeguards help to ensure that the right questions are being asked to preclude exporters from making shipments that are contrary to U.S. export controls and, therefore, inconsistent with the exporter's best interests.
	How can an EMS be Helpful?
	An EMS:
	reinforces senior management policy to comply with U.S. export laws and regulations.
	provides management structure and organization for the processing of export transactions.
	ensures accountability for export control tasks by identifying who is responsible for performing each part of the process and who is responsible for overall effectiveness of the system.
	provides a map of the order processing flow and export control safeguards to ensure consistent compliance with export decisions.
	provides written instructions for employees to "screen" export transactions against general prohibitions of exports, reexports and selected transfers to certain end-uses and end-users.
	provides personnel with tools to help ensure they are performing their export control functions accurately and consistently.
	identifies transactions that could normally be exported without a license, but because of the end-use or end-user, require a license.
	streamlines the process and reduces time spent on compliance activities because employees have written instructions, tools and ongoing training.
	provides training and awareness programs to help employees understand and comply with the EAR.
	protects a company, through implementing an ongoing compliance program, against violations of the EAR.
	The establishment of an EMS soundly implemented, coupled with good judgment, can greatly reduce the risk of inadvertently exporting to an unauthorized party or for an unauthorized end-use. The establishment of an EMS, in and of itself, will not relieve an exporter of criminal and administrative liability under the law if a violation occurs. Companies and/or persons that act contrary to the EAR could lose their export privileges, be fined, or even be criminally prosecuted.
	An EMS is not a U.S. Government-mandated requirement. However, in a changing export control environment, it is a program that companies may consider establishing to ensure their actions are handled in a way that they comply with the EAR.