TRADE COMPLIANCE

Trade Compliance – Export control and sanctions

At Lykke Schmidt, we work comprehensively across all aspects of trade compliance, closely collaborating with the Trade Compliance House. This consultancy firm provides general trade compliance management services.

Trade compliance refers to the regulations governing export control, sanctions, and the activities – and culture – expected within your company.

Here, you can learn more about the areas where we can offer our expertise.

If you wish to contact us for an informal discussion about our services in the field of trade compliance, please feel free to write to us or give us a call Contact us.

Trade Compliance

Trade Compliance is a term that refers to the regulations concerning export control and sanctions, as well as the rules, guidelines, etc., for internal compliance programs within this legal domain.

Export control imposes restrictions on exporting certain products, software, and technology unless you have obtained an export license.

 

Controp products, software, and technology designed for peaceful purposes but can also be used for military or other non-peaceful purposes are considered to have dual-use capabilities. These products are referred to as “dual-use.”

Export control encompasses the regulations that govern the export of dual-use items. In the EU, export control applies when dual-use products are shipped across national borders. There are also export controls on weapons and military products.

The United Nations has compiled a list of dual-use products for which a permit is always required if you intend to export them. These are referred to as “controlled products” because they are listed on the control list. These products have one or more export control numbers called “ECCNs” (Export Control Classification Numbers). The general rule is that permits must be obtained for exports outside the EU. Still, for certain dual-use products, export permits are also required for shipments or transits between EU countries.

Catch-all rules within the EU constitute a crucial part of the export control system. These rules impose a duty on companies and individuals to exercise diligence and caution when dealing with products that are not controlled but have the potential for military use or are subject to arms embargoes. These rules aim to prevent such goods from ending up in the wrong hands, protect international security, and promote peace and stability. Companies must be vigilant for red flags or warning signs indicating potential violations of catch-all rules.

To comply with applicable sanctions, it is necessary to investigate whether the country or your customer, subcontractor, or collaborator is on a sanctions list.

SANCTIONS

Sanctions are characterized by being directed at countries, organizations, companies, or individuals. The fundamental purpose of sanctions is to achieve a behaviour change, as we see with sanctions against Russia, or to penalize individuals and businesses involved in unacceptable conduct such as terrorism, bribery, and human rights violations. The latest addition is the punishment of those who assist others in circumventing EU sanctions.

Sanctions impose certain obligations on your company concerning a country or specific individuals, businesses, or organizations.

There are various types of sanctions. Some sanctions may include prohibiting all trade or more specific restrictions on particular activities, such as not allowing certain products to be sold to the sanctioned party or country.

Sanctions may also require that the assets and funds of sanctioned individuals be “frozen” and, therefore, not released to the sanctioned party.

Sanctions can involve restrictions on importing and exporting products, software, and technology, but this is not always the case. These are just some examples of the types of sanctions that exist.

To comply with applicable sanctions, it is essential to investigate whether your customer, subcontractor, collaborator or country you intend to export to is on a sanctions list.

In Denmark, sanctions are primarily governed by EU directives. EU sanctions are largely based on and aligned with UN sanctions. Still, in some instances, such as sanctions against Russia and Syria, the EU has adopted its own sanctions.

PURPOSE AND RISK

The overarching purpose of sanctions is to stop war and conflict, suppress the oppression of population groups, prevent human rights violations, combat terrorism, address corruption and organized crime, and promote stability and security in the world.

Any measures your company takes to comply with these rules are, therefore, a contribution to UN Sustainable Development Goal 16.

Violations of export control and sanctions can quickly become an economic burden for your company and possibly for you personally.

Violations can be punished with fines or imprisonment, your proceeds can be confiscated, and your company’s goodwill can be damaged.

There is no requirement for your company to establish a trade compliance program. Still, the presence of such a program is a mitigating factor in the event of a violation of the rules. It can also reduce the risk of a violation and increase your company’s chances of detecting and acting accordingly.

SPECIALISTS IN TRADE COMPLIANCE

The rules regarding export control and sanctions are complex.

They can seem overwhelming, especially because each country has regulations, and sanctions are subject to frequent changes.

The good news is that all rules are extremely rare to be relevant to a company.

Therefore, a good starting point is to clarify which trade compliance rules are relevant to your specific company.

We are specialists in trade compliance and offer qualified guidance to companies in Denmark and abroad regarding applicable regulations, laws, government recommendations, and best practices in the field.

We can also assist you and your company in minimising the risk associated with non-compliance with these rules and help establish a robust trade compliance program that simplifies and streamlines adherence to the regulations.

A successful collaboration begins with an initial, informal conversation about the challenges your organization is facing.

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