U.S. Export Control Law
Exporting — that is, the shipment or transmission of items or material outside of the U.S. — is heavily regulated by federal laws and regulations referred to collectively as "export controls." These controls affect the export of commodities (goods and materials), technology (technical data and know-how) and software from the U.S. to a foreign country. They also affect the re-export of any such U.S. items from one foreign country to another, as well as products made outside the U.S. by or for a U.S. company.
In recent years, the government has stepped up its enforcement of export controls – 50% in 2007 alone. At the same time, the government has increased penalties dramatically. Fines for intentional violations have jumped from $50,000 to $1 million per violation, while fines for other violations have increased from $11,000 to the greater of $250,000 per violation or twice the value of the improper export transaction.
Program Summary
This program is designed to provide an overview of U.S. export controls. It will not make an employee an "export expert," but it will help him or her recognize "red flags" — situations presenting a risk of legal violations — and deal with them properly.
The topics covered in the program include —
- Overview of export controls
- Export control agencies
- What is an "export"?
- Defense exports under the ITAR
- Commercial exports under the EAR
- Anti-boycott and embargo rules
- Red-flag issues
- Penalties
- What every exporter should know
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