The world leader in serving science
Anti-Boycott
Compliance
Barb Secor
Director Global Trade Compliance
June 2, 2010
Who Were We?
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Who Are We Now?
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Thermo Fisher Scientific Business Units
 US Exporters of Record: 69
 Overseas Subsidiaries: 128
 Number of business units requiring awareness of and training on
anti-boycott issues: 197
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Employee Awareness
 Export Management System (EMS)
 Automated screening
 On line and in person export compliance trainings and
workshops
 Newsletter Update
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Export Management System (EMS)
 Corporate policies and procedures relating to exports and reexports of US products
 Guide to assist operating units in implementing export controls
 Located on Thermo Fisher intranet
 Policy applies to all Thermo Fisher employees worldwide,
including employees of Thermo Fisher subsidiaries
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Export Management System (EMS)
 States that all business units must perform the anti-boycott
screen
• U.S. anti-boycott laws apply to non-U.S. business units if they are
controlled by a U.S. company (and “control” is presumed due to
ownership by Thermo Fisher)
 States that all exports must be screened for anti-boycott
requests
• Part of export transaction screening checklist
• Part of Letter of Credit checklist
 Gives explanation of regulations and examples of antiboycott language
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Export Management System (EMS)
 Directs where to access actual regulations
• Part 760 of Export Administration Regulations (EAR)
 Directs where to locate tax laws pertaining to anti-boycott
• 26 U.S.C. § 999
 Provides Department of Treasury list of participating countries
and warns of others
 Instructs business unit to promptly inform and consult with a
member of the Global Trade Compliance (GTC) team so that the
proper determination is made and appropriate action taken for all
boycott requests
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Export Management System (EMS)
 Financial personnel of the business unit (e.g., its Controller) should also
be informed so that they can assess whether additional reporting and/or
other action is needed for tax purposes
• Note that there are differences in the “boycott” export and tax regulations –
some activities that are permitted/not reportable under export regulations
are not permitted/are reportable under tax regulations, and conversely
 Dual review and reporting is essential
 A member of the Global Trade Compliance (GTC) team should be
asked to help fill out/review the report before it is submitted
 Boycott screening should be documented in writing; listing the
customer, order, person who performed the screen, date, and results
(including required reporting of boycott requests)
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Implementation Of The EMS Policies
 Local compliance personnel (Export Coordinator and backup)
required to implement all aspects of EMS at their location
 Must provide training and awareness to all employees at their
site who may encounter boycott requests
 Responsible for ensuring that screening is being done
 Part of the business unit assessment done by corporate GTC
team
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Training and Awareness
 Automated screening via some Enterprise Resource Planning (ERP) systems
with compliance capabilities
 Online Export Compliance Awareness
• Part of mandatory annual ethics training
• Provided to all personnel involved in exporting
• Includes international operations, customer service, sales, etc.
 Basics of Export Compliance
• Four regional trainings provided annually by GTC team
 Advanced Export Compliance Workshops
• Two annual regional hands on workshops
 Overseas training in US export controls
 Newsletter Update with enforcement cases
• Monthly electronic compliance publication sent to all personnel globally involved in
US exports and imports and senior management
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