Denied trade screening
Denied Trade Screening AKA: Denied Party Screening, Sanction Party Screening Denied Trade Lists: lists created and compiled by government authorities/agencies and/or organizations that warn its members/citizens/business to either beware or refrain from interacting with those individuals or entities on the lists. Further, these lists act as the foundation of establishing either notification or direct prohibition of those under the issuing authority not to contact or interact, either by communication or by business transactions or by social transactions. AKA: Denied Party Lists (DPL), Sanction Party Lists (SPL)
Screening is the process of comparing these lists to internal lists (company customers, vendors, contractors, employees, investors, guests, etc.)
Denied trade screening is the process of screening parties involved in an export transaction for the purpose of complying with the safety standards of the U.S. Government. Effective trade screening not only includes denied parties but also controlled products and embargoed or sanctioned countries. The purpose of screening the receiving parties of finished goods is to exude "due diligence" and "reasonable care" when completing transactions with foreign entities, ensuring the safety and intention of the products and importers.
With 80-plus denied trade lists already published, more items and checks need to be included in an exporter's validation process. Exporters demonstrating "reasonable care" should perform screenings on a periodic basis as well as perform screenings throughout the movement of the goods within the supply chain. With more country-specific rules being applied, countries have their own denied party lists, some of which include:[1]
- World Bank Listing of Ineligible Firms
- U.S. Bureau of Industry and Security - BIS
- EU Financial Sanctions Unit
- U.S. Food & Drug Administration
- United Nations Sanction List
- Alqaida and Taliban UN Consolidated List
- Office of Foreign Assets Control
- International Criminal Tribunal for Rwanda
The U.S. government restricts all individuals or companies from exporting any service or product to any party contained in a U.S. government export denial, blocked, and debarred persons lists. The failure to comply with the above regulation is a violation of U.S. law and can result in criminal or civil prosecution, as well as denial of export privileges.
Every organization is responsible for updating and maintaining information about the parties to whom they ship. The U.S. government encourages exporters to perform screenings on a regular schedule. Companies, groups, and persons found on the lists are sanctioned by the United States government and are not allowed to receive exported goods from the U.S. or export goods to the U.S.[2] Typically, depending on which list the match was found, a match would indicate the either of the following situations: 1) A strict export prohibition, 2) A specific license requirement for exporting to or making a business with the sanctioned entity, or 3) The presence of a "red flag" in this transaction with the sanctioned entity. [3] Informed, voluntary compliance with U.S. export controls by the export trade community is an important contribution to U.S. national security and a key component of BIS's export administration and enforcement programs. All parties to U.S. export transactions must ensure their exports fully comply with all statutory and regulatory requirements.[4]
Software solutions for screening denied trade screening
Software vendors, such as Visual Compliance,[5] Intredex, Inc., Amber Road, Inc., OCR Services Inc. and MIC Customs Solutions automate the process of searching for denied trade parties and restricted trade parties.[6][7]
Companies such as OCR Services Inc. and Descartes Systems Group have established working software solutions for screening against multiple lists. SAP, an ERP software, offers a solution since 2004. The software solution for SAP America is the Global Trade Services module (SAP-GTS)[8] which falls under their Governance, Risk, and Compliance (GRC) directory of software solutions.[9]
International Trade Administration (ITA), US Department of Commerce started to provide open data via API for developers.[10] Developers need to register for the API to get a key. This API service provides many search options that could be used for US Sanctions Screening.[11]
References
- Irmen, Melissa. (March 2009)"10 Ways to Reduce the Cost and Risk of Global Trade Management" Journal of Commerce. Retrieved April 15, 2009.
- "Blocked, Denied Entity and Debarred Persons Lists" Archived 2009-05-11 at the Wayback Machine CBP Retrieved April 15, 2009.
- "White Paper - Restricted and Denied Party Screening" Retrieved October 29, 2014.
- "BIS Compliance Program" Retrieved April 15, 2009.
- "Visual Compliance - Export, import and financial trade compliance solutions". Retrieved August 12, 2016.
- Denied Party Screening Software Archived 2012-06-08 at the Wayback Machine Retrieved March 13, 2012.
- Denied & Restricted Party Screening Software Retrieved October 29, 2014.
- http://help.sap.com/grc-gts?current=grc&show_children=false
- http://help.sap.com/grc?current=grc&show_children=true#jump/grc?current=grc
- "ITA's Data Services Platform". ConsolidatedScreeningListAPI. Retrieved 23 February 2020.
- "API Documentation". ITA's Data Services Platform. Retrieved 23 February 2020.