Commentary

This is opinion only – it is NOT legal advice

Anything, Anywhere

Published in the Daily Bugle, April 11, 2024

I’m going to take the opportunity to go a bit off-topic here.  Proper Jurisdiction and Classification is critical to getting your export right, but it’s only the beginning of the process.  The goal is to get the right thing to the right place, compliant with the law.  You can get the J&C right, and while that’s necessary, it’s not sufficient.

I’ve been in this business a while, and I’ve seen and heard things.  On occasion, items haven’t ended up where they were supposed to, and cleanup operations are required.  Sometimes it’s the wrong thing to the right place or the right thing in the wrong place.  Since shipments require making statements to the government, and making an incorrect statement about items being shipped is a Bad Thing[1], getting it right is important.  Understanding why the train and the rails parted ways is critical to preventing it from happening again.  

I think the best way to explain this while retaining plausible deniability is in the form of a totally[2] fictious memo.  

From:  Internal Compliance

To:  Shipping Operations

Re:  Mis-shipment Root Causes

There has been a spike in the number of incorrect shipments in the last two quarters.  After a number of Process Review Meetings where lunch wasn’t provided, we have identified several recurring reasons for these improper shipments.

Please stop doing them, or we will be forced to have more meetings.

  1. “Joyriding’ or “going walkies”.  This is sending parts, usually those that have been on the shelf the longest, “out to get some air.”  We have consulted with Engineering, and there is no basis for the belief that our products get bored while sitting on a shelf or otherwise lose performance capability unless they get to fly on a regular basis.  
  2. Empty space in shipping containers should be filled with bubble wrap, foam peanuts, cardboard spacers, or other approved packing materials ONLY.  Adding items such as bushings, spare forgings, design documentation, or mission computers that are not on the original order so as to keep the ordered parts from rattling around is not acceptable.  
  3. Similarly, if the selected shipping container is too small, use a larger container.  In several instances, the wrong part was shipped because “the right part wouldn’t fit in the box.”  
  4. If re-using a shipping container, be sure to empty it completely before putting new items in.  
  5. Despite what Marketing keeps recommending, our company does not participate in any “mystery box” sales.  In almost all cases, customers have ordered specific items, not “surprise me.”
  6. In cases where the shipping method is a set price (e.g., FedEx charges one price for “up to 5 kg”,) do not add un-order parts to the shipment to bring the weight up to the maximum allowed.  We have done a detailed analysis, and the shipping of unnecessary and un-ordered military grade components does not produce a positive value proposition.
  7. The term “Stuff” is not acceptable nomenclature for AES filings.  And yes, we asked.
  8. Anything, Anywhere” is the beloved motto of Operations, but should not be substituted for the actual shipping instructions.

With your help, we can reduce the number of incorrect shipments.

Back to J&C next time.  Got J&C questions? – please reach out to me at ArtOfJC@arinovis.com


[1] Is it smuggling if it’s an error?

[2] Totally.  Really.  Completely made up.


Copyright 2024 by Ari Novis. All Rights Reserved.

No reproduction without permission of the author (me.)