International Trade Resources Podcast

Today we sit down with Adrienne Braumiller, founder of Braumiller Law Group PLLC and a dynamic force in the international trade law arena. With more than 30 years of experience, she is widely recognized as a leading authority in Customs, import, export, foreign-trade zones, free trade agreements, and ITAR compliance. She’s here to break down the hot topic of The Uyghur Forced Labor Act (UFLPA) which came into effect in June 2022. Compared to other U.S. actions on forced labor, for the UFLPA the burden of proof rests with the company, not the government.  Once shipments are detained, the government doesn’t need to prove forced labor, the company needs to prove that forced labor was not used. This is a huge shift in policy from other acts where the burden of proof rested with the government. Because of this feature, more companies are at risk of penalty and detention. In our discussion Adrienne shares information about the program. The UFLPA, it is a regulation specific to the Uyghur Autonomous Region in China, and is a reaction to the purported human rights violations coming from the area. Adrienne dives into how companies have been performing their own due diligence and challenges they may have complying. She shares her recommendations on how they can prepare to meet the guidelines set before them. It’s worth noting her insight as she mentions that complex supply chains make compliance even harder. Kim asks what the US is doing as far as enforcement and penalties of UFLPA go and Adrienne shares her experience. Adrienne, then outlines the standards companies might need to meet to free their goods from detention, and other options companies have if or when their goods are detained. With the presumption of guilt built into UFLPA, the act certainly has more teeth. But is there a Plan B if goods are held in detention? Tune in to find out.Things you’ll learnSince the Uyghur Forced Labor Act (UFLPA) came  into effect, companies of all sizes are at risk that their goods could be seized at import into the U.S.UFLPA is not the same as other forced labor Withhold Release Orders in place.  Learn key differences and how they might catch your company’s goods in detention. With the presumption of guilt fundamental to UFLPA, it’s a much stronger deterrent and risk for companies. Listen to find out if there a Plan B when goods are detained. NOTE: This podcast is a discussion and does not constitute legal advice.LINKShttps://www.cbp.gov/trade/forced-labor/UFLPAhttps://www.cbp.gov/document/guidance/uflpa-operational-guidance-importershttps://www.dol.gov/agencies/ilab/our-work/supply-chainsEpisode Sponsored By:Modifi Payment Solutions. www.modifi.comBusiness Payments for Global CommerceWith MODIFI, Sellers get paid instantly, while their Buyers have the option to pay later. Flexibly. Digitally. All over the globe.Acclime Chinahttps://china.acclime.com/ Corporate Services and full Accounting/CPA/Tax for ChinaWebsite: www.intltraderesources.com Email: intltradepodcast@gmail.com Disclaimer: The content of this podcast is for informational purposes only and does not constitute legal or commercial advice. We provide no guarantee for the accuracy of the information provided. Reproduction or transmission of this podcast is strictly prohibited.

Today Kim sits down with Kathryn Read, an international sales and marketing consultant with over 25 years of experience in emerging markets, including countries in Africa, the Middle East, and Asia, with extensive experience in China. Kathryn works with SMEs, primarily consumer goods companies moving into international markets. In this episode, we’re picking her brain on distributor agreements–something most listeners understand, but we’ll discuss nuances to be aware of. You’ll want to take notes throughout this episode—there’s plenty of detailed information baked in!First things first: a distributor agreement clarifies the obligations of both parties. Kathryn discusses both the commercial and legal conditions from the commercial perspective and identifies key features you should have in your contract. One agreement should not be used in all countries.  Kathryn uses liability as an example, a topic that has more weight in some countries than in others. Listen in to hear Kathryn’s breakdown of what’s important to know based on the legal environment you’re doing business in. And then Kim points out: there’s the law, and then there is how it’s applied. Kathryn shares her experience with litigation in a few countries, and points out  why it’s better to avoid. She notes that if you go into court you may just lose the partnership and your access to the market. She goes into how she has handled conflict and resolved difficult negotiations. Kathryn and Kim go on to discuss exclusivity in contracts—might we say they have a healthy disagreement about the topic. There are many things to consider when discussing exclusivity in a partnership, and Kim and Kathryn both share their unique perspectives on how it can be approached. It’s worth tuning in to find out their different approaches. They both agree In the end, the contact should be clear and fair to everyone involved. Remember, it is always a good idea to consult a legal professional when writing an agreement or contract. The discussion in this podcast does not constitute legal advice. Things you’ll learnAgreements vary from country to country. Each country has its own laws and practices, so it’s important to modify your agreements to fit the local environment. Disagreements between distributors and companies happen. Kathryn goes into how she handles that conflict and how you can resolve difficult negotiations.There are many things to consider when discussing exclusivity in a partnership, and Kim and Kathryn share their unique perspectives on how it can be approached in a way that is beneficial for both parties. Linkshttps://iccwbo.org/Episode Sponsored By:Modifi Payment Solutions. www.modifi.comBusiness Payments for Global CommerceWith MODIFI, Sellers get paid instantly, while their Buyers have the option to pay later. Flexibly. Digitally. All over the globe.Acclime China https://china.acclime.com/ Corporate Services and full Accounting/CPA/Tax for ChinaWebsite: www.intltraderesources.com Email: intltradepodcast@gmail.com Disclaimer: The content of this podcast is for informational purposes only and does not constitute legal or commercial advice. We provide no guarantee for the accuracy of the information provided. Reproduction or transmission of this podcast is strictly prohibited.

Welcome back to the International Trade Resources podcast with your host, Kim Kirkendall. Our guest today is Steve Ferreira, CEO of Ocean Audit, Inc., a global ocean freight refund consultancy. He works with 20% of the Fortune 100 clients on ocean audits and is a two time USA Today best selling author and TV personality. He’s here today to fill us in on how you could be overspending by thousands and how you can recover those lost dollars. Towards the end of the episode, Steve fills us in on some backstage knowledge he’s gained in his years of ocean audit work – and it WILL surprise you. Mic drop!Ocean auditing can be boiled down to this: trust your carriers, but verify. As an example, in this last two year period, Steve worked with clients where almost 25% of their invoices contained an over billing error. As most companies don’t have the resources to audit their ocean freight invoices, the ones who don’t are wasting money. Steve goes on to highlight the source of the overcharges and incorrect invoices. He outlines the pitfalls many American companies fall into in using ‘middlemen’ when dealing with the over 5,000 available ocean carriers. There’s a lack of centralized billing control so Steve gives us creative solutions, some of which seem obvious in hindsight, but just aren’t on the radar for many companies. Kim asks Steve for actionable steps SME’s can take, and he goes on to break down how they get their over charges refunded through audits. You’ll be surprised at the tricks Steve has up his sleeve.And then comes the big reveal, and you will hear Kim’s shocked reaction to find out one of the major causes of overbilling. We expect you to be just as surprised.  For many companies, performing a freight bill audit is the first time they can benchmark the accuracy and the integrity of the billing processThings you’ll learnThere’s a lack of centralized control in freight billing; Steve gives us creative solutions.You’ll be surprised at the tricks Steve has up his sleeve to help companies of many sizes audit their ocean freight. Near the end listen to a big reveal on a major source of overbilling. It’s a doozy. Some solutions seem obvious, but just aren’t on the radar for many companies. Believe it or not, a few hurdles are actually internal.LINKShttps://oceanaudit.com/Episode Sponsored By:Modifi Payment Solutions. www.modifi.comBusiness Payments for Global CommerceWith MODIFI, Sellers get paid instantly, while their Buyers have the option to pay later. Flexibly. Digitally. All over the globe.Acclime Chinahttps://china.acclime.com/ Corporate Services and full Accounting/CPA/Tax for ChinaWebsite: www.intltraderesources.com Email: intltradepodcast@gmail.com Disclaimer: The content of this podcast is for informational purposes only and does not constitute legal or commercial advice. We provide no guarantee for the accuracy of the information provided. Reproduction or transmission of this podcast is strictly prohibited.

Today, Kim Kirkendall talks with Adriana Giraldo, who has more than 15 years of experience in import-export coordination, supply chain export operations, customs, and foreign trade operations. She's worked in various industries, from toys to jewelry and now chemicals. Many times the companies she worked for had products or customers subject to US export controls, which is what she’s here to talk about in this episode. The definition of export controls Adriana gives us is simple; US laws and regulations that regulate the export of controlled goods or sales to controlled customers. Companies are often surprised, they feel like these things only apply to mega-corporations, but they apply to small and medium-sized companies as well. It’s not just the product and/or who it’s going to, Adriana points out. It’s important to understand the end use of what you are sending overseas. You’ll be surprised to hear what sort of products are controlled and considered for military use!  She talks about some key regulations and/or agencies to be aware of: Export Administration Regulations (EAR), International Traffic Arms Regulation (ITAR), Bureau of Industry and Security (BIS), and Office of Foreign Asset Control (OFAC). Adriana then goes into the details of how these agencies and/ or regulations function.She highlights that it’s crucial to remember, exporting is a privilege that can always be revoked.  It’s important to have export compliance procedures in place when exporting–a more difficult process than some may realize. Kim and Adriana discuss export licenses, which you’ll find out has its own set of nuances to keep in mind. They go through the steps of acquiring a license when it’s necessary to do so, some tips and tricks, and what pitfalls to watch out for. Adriana then dives into AES filing, a topic unfamiliar to many organizations that do not directly handle their export documentation. This is something to take very seriously (take notes, listeners!) as the fines associated with incorrect information are hefty. There are some exclusions to be aware of, which Adriana dives into with examples from her experience. Finally, Adriana runs through a checklist for our listeners to educate, prepare, and execute when it comes to their exporting, including free and paid resources. Things you’ll learnHow to avoid being surprised by what is export controlled - it's not just the product itself but its use!Adriana goes through some of the punishments non-compliant companies can incur. Kim and Adriana discuss export licenses, aquiring them, their pitfalls and their nuances.LINKShttps://www.bis.doc.gov/Sponsored By:Modifi Payment Solutions. www.modifi.comBusiness Payments for Global CommerceWith MODIFI, Sellers get paid instantly, while their Buyers have the option to pay later. Flexibly. Digitally. All over the globe.Acclime Chinahttps://china.acclime.com/ Corporate Services and full Accounting/CPA/Tax for ChinaWebsite: www.intltraderesources.com Email: intltradepodcast@gmail.com Disclaimer: The content of this podcast is for informational purposes only and does not constitute legal or commercial advice. We provide no guarantee for the accuracy of the information provided. Reproduction or transmission of this podcast is strictly prohibited.

On today's episode, Kim Kirkendall sits down with Nate Ward, Trade Advisor for the State of Ohio’s Small Business Development Center (SBDC) Export Assistance Network and Director of the Global Business Center at Monte Ahuja College at Cleveland State University. He’s here today to talk about free or low cost programs, opportunities, and advisory services businesses can take advantage of.First, Nate lays the landscape for international trade and how countries incentivize domestic manufacturing and exports.Including in the US, where there are many free resources to help facilitate that trade, including grants, subsidies, and guidance among other things. Nate breaks down what’s offered and some ways businesses can tap into these resources:A major challenge for many businesses is that they don’t know what they don’t know–and there are many complexities that can seem overwhelming. Nate explains how he and other advisors across the country can provide clarity and understanding to your team. In addition, the advisors can connect businesses pursuing opportunities across the globe with boots on the ground in the country you’re doing business in. Remember, all of this is taxpayer funded and at no cost to you. Beyond that, there are federal grants and reimbursement programs that businesses can utilize. In Ohio, there is the IMAGE Grant, which Nate outlines, and it is similar to grants found in other states.These grants are meant to subsidize the cost for international business, including participating in foreign trade shows, traveling to meet with potential clients, marketing development, website creation, regulatory certifications, and other related costs.These programs can even cover costs for companies already exporting to change distributors or registering for foreign regulatory bodies (CE or FDA) in another country.These grants are for Small to Medium businesses, which is larger than you may think. It ranges from 1 to 500  employees, sometimes even more. It isn’t just for start-ups–these items can be utilized by growing companies who are looking to tap into a previously unseen market.Things You’ll LearnIn the US, there are many free resources to help facilitate that trade, including grants, subsidies, and guidance among other things. The value of international trade advisors.Monetary resources available for businesses of small and medium size - and the definition of "small and medium size."How these programs can cover costs for companies already exporting, including expenses related  to changing distributors or registering for foreign regulatory bodies in another country.LINKSsba.govSponsored By:Modifi Payment Solutions. www.modifi.comBusiness Payments for Global CommerceWith MODIFI, Sellers get paid instantly, while their Buyers have the option to pay later. Flexibly. Digitally. All over the globe.Acclime China https://china.acclime.com/ Corporate Services and full Accounting/CPA/Tax for ChinaWebsite: www.intltraderesources.com Email: intltradepodcast@gmail.com Disclaimer: The content of this podcast is for informational purposes only and does not constitute legal or commercial advice. We provide no guarantee for the accuracy of the information provided. Reproduction or transmission of this podcast is strictly prohibited.