Export Control Compliance Management

US export controls restrict technology transfer protecting national security, foreign policy objectives, and strategic advantages.

Multiple regulatory regimes govern different products and information.

Export Administration Regulations (EAR) administered by Commerce Department controls dual-use items having commercial and military applications.

ITAR administered by State Department controls defense articles on the US Munitions List.

Office of Foreign Assets Control (OFAC) administers economic sanctions programs restricting transactions with designated countries and parties.

Effective compliance requires understanding regulatory jurisdiction, proper classification, authorization requirements, and restricted party screening.

Export violations carry civil and criminal penalties including substantial fines, export privileges denial, and imprisonment.

Export compliance begins with determining applicable regulatory jurisdiction and product classification.

Items potentially subject to EAR must be classified using Export Control Classification Numbers (ECCNs) identifying applicable controls.

Items potentially subject to ITAR require USML classification or commodity jurisdiction determination.

Classification considers technical specifications, functional capabilities, and design intent.

We conduct classification reviews analyzing product documentation, comparing specifications against regulatory criteria, and documenting classification rationale.

Our classification database maintains determinations supporting export licensing, customs declarations, and compliance audits.

Accurate classification is foundational for all downstream compliance activities.

Many exports require government authorization before shipment.

EAR-controlled items may require BIS export licenses depending on destination, end-user, end-use, and item classification.

ITAR-controlled items generally require State Department authorization.

We determine licensing requirements evaluating transaction characteristics against regulatory matrices.

Our licensing team prepares applications documenting technical descriptions, end-user information, and transaction details.

We manage authorization portfolios tracking license validity periods, approved parties, and export conditions.

Our license compliance procedures prevent unauthorized exports and shipments exceeding approved values or quantities.

We also leverage license exceptions and exemptions where applicable, streamlining compliant commerce.

Export regulations prohibit transactions with designated restricted parties including denied persons, blocked entities, and specially designated nationals.

Screening requirements apply to customers, end-users, consignees, freight forwarders, and other transaction parties.

We implement automated screening solutions checking parties against consolidated screening lists including Entity List, Denied Persons List, Debarred Parties, Specially Designated Nationals, and Unverified List.

Our screening procedures integrate with order management preventing sales to prohibited parties.

We establish screening frequency policies, manage positive matches, and document screening results.

Comprehensive screening prevents inadvertent violations and demonstrates due diligence valued in enforcement.

Export regulations treat technology release to foreign nationals as exports requiring authorization regardless of location.

Deemed exports create compliance obligations when foreign national employees access controlled technology in US facilities.

We implement deemed export programs screening employee citizenship, determining access authorization requirements, and managing technology access controls.

Our deemed export solutions include personnel citizenship tracking, access authorization documentation, and physical/logical access restrictions.

We coordinate deemed export license applications with hiring processes ensuring authorization before foreign national employment.

Deemed export management enables diverse workforces while satisfying regulatory obligations.

Export regulations mandate retention of export-related documentation.

EAR requires five-year retention of export authorizations, shipping documents, and restricted party screening records.

ITAR requires five-year retention from export or authorization expiration.

We establish recordkeeping systems organizing documentation by transaction, authorization, or product.

Our retention management applies appropriate retention periods, secures records from unauthorized access, and enables retrieval supporting audits or investigations.

Government agencies conduct compliance audits examining classification accuracy, licensing compliance, screening effectiveness, and recordkeeping adequacy.

We prepare organizations through internal audits identifying potential violations before government review.

OFAC administers economic sanctions programs restricting transactions with designated countries, entities, and individuals.

Comprehensive sanctions programs prohibit virtually all transactions with countries including Cuba, Iran, North Korea, and Syria.

Targeted sanctions prohibit specific transactions or parties.

We implement sanctions compliance procedures screening transactions against OFAC requirements, blocking prohibited transfers, and reporting blocked property.

Our sanctions expertise covers sectoral sanctions, secondary sanctions, and general licenses authorizing specific activities.

We monitor sanctions developments ensuring compliance programs reflect regulatory changes.

Sanctions violations carry severe penalties including substantial fines and criminal prosecution.

When export violations occur, voluntary disclosure to appropriate agencies can significantly mitigate penalties.

We evaluate disclosure requirements considering violation severity, systematic nature, and regulatory expectations.

Our disclosure preparation documents violations, analyzes causes, and describes remedial measures.

We coordinate with agencies during investigations, providing requested information and demonstrating compliance commitment.

Beyond enforcement response, we establish compliance programs preventing future violations.

Our program development includes written procedures, employee training, management commitment, periodic audits, and continuous improvement.

Effective compliance programs reduce violation risk while demonstrating good corporate citizenship.