Export Control Compliance Daily.
RespectUs offers a SaaS (Software-as-a-Service) product to exporters of sensitive goods, their suppliers and banks.
All exporters of sensitive items (in Space vertical and other industries) face the challenge to determine the need to apply for and be granted a Governmental license when exporting, importing, transiting, brokering or transferring controlled goods, software and technology. It is their responsibility to obtain the license before proceeding, and if they do not comply with this requirement, they may face heavy administrative and/or criminal sanctions, and civil liability. To answer the question if a license is required, they need to process different checks and screenings: customer, end-use, product and transaction. Currently done mostly manually (or with Excel sheets), RespectUs provide them with a cloud-based platform allowing them to process and duly document and keep records of the checks and screenings.
RespectUs platform will offer:
- Efficient product classification with regard to control lists , and exchange of classification sheets between suppliers and integrators
- Efficient customer and end-use due diligence
- Documentation of an internal compliance program
- Protection against legal fines and/or business suspension
- Productivity gains (time, resources, money)
- Proper determination of license requirement
- Demonstration of overall compliance with export control regulations
PRODUCTS & SERVICES
The RespectUs platform will be composed of different modules, each of them being able to be subscribed to individually:
1. Risk Assessment
Any compliance program needs to be tailored to the size, the structure and scope of the business, and, especially, to the company's specific business activity and related risks. Therefore, a risk assessment allows to determine a company specific dual-use trade risk profile. It will help the company to become aware of what parts of its business need to be covered by an internal compliance program and target this program to the company's specific circumstances.
The risk assessment module will allow the company to carefully assess the product range, customer base and business activity that are or could be affected by dual-use trade control. It will identify relevant vulnerabilities and risks so that the company can incorporate ways to mitigate them under an internal compliance program. Even though this risk assessment cannot identify all vulnerabilities and risks a company may face in future, it will give it a better base to develop or review its ICP.
The risk assessment supports a company to assess its existing corporate policies and procedures against export control related risks and come up with a course of action for adapting them, if necessary. In addition, it allows to promote synergies between existing policies and export control requirements.
The outcomes of this risk assessment will affect the necessary actions and appropriate solutions for developing or implementing the company's specific compliance procedures.
2. Customer Screening
This module allows to know the customers and their end-use of the company’s products. It stores customer profiles, due diligence reports, database screenings and end-use statements provided by the customer. This is useful in order to check the reliability of the end-user/consignee and to determine if an authorisation is required for non-listed dual-use items where there are stated end-use concerns.
It also permits do pay attention to diversion risk indicators and signs about suspicious enquiries or orders, and to assess if the stated end-use is consistent with the activities and/or markets of the end-user.
3. product Classification
Item classification is about determining whether the items are listed. This is done by comparing the technical characteristics of an item against the EU and national military, torture and dual-use control lists. If applicable, identify whether the item is subject to restrictive measures (including sanctions) imposed by the EU or the EU Member State in which your company is established. This module helps to understand whether dual-use items, whether a physical product, software or technology, require a license.
It pays particular attention to the classification of dual-use components and spare parts, and to the classification of dual-use software and technology that can be transferred by email or made available via, for instance, a “cloud” service abroad.
It allows to gather information about the possible misuse of dual-use items in the context of e.g. conventional military or WMD proliferation, and share this information within the company.
4. End-Use checks
In this module, platform users document their assessment of diversion risk indicators and of signs about suspicious enquiries or orders. It deals with catch-all controls for non-listed dual-use items, if the stated end-use and involved parties screening or the diversion risk screening provide information of concern.
If the company is “aware” that there is information of concern about the stated end-use (under the terms of Article 4 of Regulation (EC) No 428/2009 or the national export control laws), it ensures that no export occurs without notifying the competent authority and without having received the competent authority's final decision. The goal here is to ensure that the export does not occur without having received an authorisation by the competent authority
5. License Determination
This module uses questions & answers and algorithms to ensure that a company gets to a concrete stage where a relevant answer is found, for a particular transaction, product, customer and end-use, and considering the applicable legislation, to the question if a license is required.
It takes into account information about the range of license types (including individual, global and general licenses) and controlled activities (including export, brokering, transfer and transit), and about the license application procedures relating to the applicable multilateral and national dual-use trade controls.
6. Sanctions & Embargoes
This module processes checks on embargoed, sanctioned or sensitive destinations and entities, and ensure that none of the involved parties (intermediaries, purchaser, consignee or end-user) or products or transactions are subject to restrictive measures (sanctions) by consulting the up-to-date sanctions lists.
7. Knowledge Base
This module provides platform users with a complete and detailed overview of the legal framework of export control compliance, with precise legal references where to find the laws and regulations to which the company is subject to, and, above all, with (legally justified) answers to precise questions. It allows to search by keywords, gives access to extended glossaries and to complete legal texts and references. It describes administrative and criminal penalties for offenses to export control rules.
Accessory professional services include: Training. Compliance Audits. License Management. Internal Compliance Programs (ICP). Transaction Structuring. Violations Management
RespectUs is a SaaS (software-as-a-service) product, that means a cloud-based computing software with a subscription basis and online access only.
SMEs and large enterprises from Space sector. Exporting companies and suppliers from other industries.
MAJOR SPACE PROJECTS
Export Control compliance for Space companies, and their suppliers.