Complying With United States Export and Sanction Laws and Regulations

InfoPAK Download pdf January 2010

Sponsored by: Womble Carlyle Sandridge & Rice PLLC

This InfoPAK addresses United States laws imposing export controls and economic and trade sanctions. These laws and their implementing regulations can present unique challenges to businesses, as they are complex and often, can be counter-intuitive to the business person. Nevertheless, U.S. government enforcement agencies expect companies to know the rules governing cross-border commerce. Further, an increasing number of companies are being held accountable for violations of these laws and regulations and are receiving ever-increasing
penalties.

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Author: Womble Carlyle Sandridge & Rice PLLC
Keywords:  Competition; International Business Transactions; E-Commerce; Export Controls & Sanctions; Import Regulations & Customs; Government Relations

Table of Contents

Understanding Export and Sanctions Controls

• Basic Guidance for Assessing Export Transactions
• You May Be an Exporter and Not Even Know It

The Policies Behind Export and Sanctions Controls

Dealing with Multiple Enforcement Agencies

• The Primary Export/Sanctions Regimes
• Determining Which Agency Has Jurisdiction

Export Administration Regulations

• Scope of the EAR: “Subject to the EAR”
• Commerce Control List and Country Chart
• General Prohibitions
• Applying for a License
• NLR (“No License Required”)
• License Exceptions
• Controls on Encryption Products and Technology
• Antiboycott Controls
• Definitions of Key EAR Terms

International Traffic in Arms Regulations

• Registering under the ITAR
• Defense Articles and Defense Services
• Licenses and Agreements
• Empowered Officials and Certifications
• Congressional Notification
• Political Contributions, Fees and Commissions
• Definitions of Key ITAR Terms

The OFAC Regulations

• Proscribed Countries
• “Nationals” and “Specially Designated Nationals”
• What Activity/Conduct Is Prohibited
• Permissible Letters of Intent and Discussions
• Licensing Procedure under OFAC Regulations
• Definitions of Key Terms under OFAC Regulations

Enforcement of US Export Control Laws

• Statutory Penalties
• What Constitutes a Violation
• Role of Voluntary Disclosures

Developing an Internal Compliance Program

• A An Internal Compliance Program Must Be Credible
• Assessing the Company’s Unique Compliance Obligations
• Molding the Compliance Program to the Company’s Needs
• Components of an Effective Compliance Program
• Anticipating Unexpected Exports
• Overview of an Internal Compliance Program

About The Author

Additional Resources

• ACC Sources
• Publications and Periodicals
• Online Resources

Endnotes

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