International Trade Compliance in Asia-Pacific

1. International Trade Compliance in Asia-Pacific Christian Kimberley International Trade Compliance Manager, Asia-Pacific 15 March 2006

2. Topics • Emerson and Asia-Pacific • International Trade Compliance in Asia-Pacific • Rolling-out Division ITC Programmes • Special Entities • How You Can Help • Chinese Import Process

3. Emerson in Asia-Pacific • Over 30 divisions present in Asia-Pacific. • Over 40 manufacturing locations. • Range from a one man sales team through to divisions with several manufacturing plants employing thousands of people. • Over 30,000 employees in Asia-Pacific. • Sales in 2004-2005 over $2 billion. • Hoping double this within 5 years. • One of fastest growing areas for Emerson and world economy.

4. Trade Compliance in Asia-Pacific • Behind other world areas in terms of roll-out of ITC Programme. • Some business groups/divisions have already developed or in advanced stages of development of ITC Programme. • Vast majority have little or nothing in place • Many have informal procedures • Working with all divisions in Asia-Pacific to roll-out ITC Programme (if needed).

5. Programme Elements • Five key elements: (1) U.S. Export Management System (2) U.S. Import Management System (3) Local Country Export Management System (4) Local Country Import Management System (5) Supply Chain Security System • Not all elements applicable to all divisions • Depend on circumstances of each division • Local counsel involved on advising on local country laws. • Also cover FCPA and local country anti-corruption laws, anti boycott laws.

6. Kick-Off Meetings: Past • Have held Kick-Off Meetings for senior division management in following places so far: • Shenzhen, China (January) • Shanghai, China (January) • Singapore (January) • Mumbai, India (January) • Jakarta, Indonesia (March) • Sydney, Australia (March)

7. Kick-Off Meetings: Future • Kick-Off Meetings lined up in: • Manila, Philippines (28 March) • Taipei, Taiwan (19 April) • Tokyo, Japan (24 April) • Seoul, South Korea (26 April) • Bangkok, Thailand (May) • Kuala Lumpur, Malaysia (May) • Vietnam may have Kick-Off Meeting next year.

8. Plan Presentations • Next stage after Kick-Off Meetings • Outlines ITC Programmes to be developed by each division • highlighting relevant personnel, gates etc. • Most divisions that require ITC Programmes in Asia-Pacific already presented plans outlining ITC Programme

9. Plan Presentations • 12 divisions that have presented a plan to date are: • ASCO Power Technologies • ASCO Valve • Astec • Branson • Closetmaid • Emerson Appliance Solutions • Emerson Connectivity Solutions • Emerson Motor Company • Emerson Network Power South East Asia • Fusite • Saab Tank • Therm-O-Disc

10. Plan Presentations • 5 Divisions still to present their plans. • At present, following divisions rolling out own ITC Programmes: • Emerson Process Management (business group) • Control Techniques • Copeland

11. Manager/Gatekeeper Training • Next stage after Plan Presentations. • Detailed 2-day training for personnel involved in ITC on day-to-day basis (e.g. ITC Manager, gatekeepers). • Tentative schedule: • China, India, Singapore in June • Australia, Philippines (including Indonesia) in July • Japan (including Korea, Taiwan) in September • Thailand, Malaysia in October

12. Next Stages • Drafting and developing written procedures. • Approving written procedures. • Implementing written procedures. • Self-certification by divisions. • Programme review. • On-going training.

13. Special Entities: APPO & ETS • Asia-Pacific Procurement Organisation (“APPO”): • Part of Corporate based in Hong Kong and includes Global Materials Data Centre (“GMDC”) in Manila • Helps divisions save money by sourcing commodities/ components in Asia-Pacific • Working with APPO to see where best can help divisions with ITC. • Emerson Trading Shanghai (“ETS”): • Part of Corporate based in Shanghai • Shell company which allows non-Chinese divisions with no trading licence to sell into China • Looking to see how can best assist divisions.

14. Special Entities: EDEC & Other Engineering Centres • Emerson Design Engineering Centre (“EDEC”): • Part of Corporate based in Pune, India • Works for several divisions on technology solutions • Ensuring complex rules on technology transfer/ deemed exports are followed. • Other engineering centres: • Several divisions have these in India, China, Philippines etc • Similar issues to EDEC above. • Sykes: • Discussed earlier • Several Sykes personnel will be at Manila KO Meeting.

15. What Divisions Can Do To Help • Provide: • Guidance • Best practices (e.g. written procedures) • Experience (learn from past mistakes/achievements) to Asia-Pacific divisions. • Encourage sharing of the above. • Ensure Asia-Pacific divisions have management support and resources to develop ITC Programme.

16. Chinese Import Process: Introduction • Chinese Customs have adopted uniform customs clearance procedures at all levels. • Although big improvement, still lot of “local” practices in place!!! • Big problem in knowing which rules apply at which ports • almost 250 official ports

17. Chinese Import Process: Documentation • Similar to those required in many countries: • Declaration Form • Key legal document specifying the actual transaction price • Documents to be attached to Declaration Form: • Bill of lading/manifest or other shipping list • Commercial invoice • Packing list • Contract • Licensing documents (if applicable). Set out in “Catalogue of Goods Subject to Import Permit”. Includes: • Import permit, Important industrial goods import registration certificate, Mechanical & electrical goods import registration form • Customs may request further evidence to prove buyer/seller relationship, transaction process, price etc.

18. Chinese Import Process: Procedures • Several stages to the process. • Importer (or customs broker) complete hard copy Declaration Form. • Form will be submitted by local Customs port electronically through EDI system to “electronic data examination centre”. • Centre will check data and transfer to Customs officer according to type of good. • Officer will check valuation/classification of entry and send back to local Customs port. • Importer (broker) will provide hard copy declaration form with other required documents • Customs officer will decide whether physical inspection is needed • Other bodies such as AQSIQ may also inspect goods • Any import duties/taxes must be paid • Goods will be released.