Protecting National Security through Export Regulatory Compliance

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Export Compliance

Services Offered: 

Download Services Brochure (pdf)

• HTS and Schedule B Classifications

• EMS: Export Management Systems Developed

• ITAR: Defense Trade Controls Systems Developed

• NAFTA and other Free Trade Eligibility determinations

• Onsite Training and Program Implementation

EXPORTS ARE REGULATED BY LAW: EAR & ITAR

Export Transactions are regulated and governed by U.S. Regulation and Law, as found in:

A. The Export Administration Act, The Export Administration Regulations (EAR) and The International Traffic in Arms (ITAR) 

Within the EAR or ITAR one determines to which destinations and for what types of commodities one needs a license in order to legally export.

Export transactions are regulated for reasons of:

• National Security

• Nuclear Proliferation

• Missile Technology

• Terrorism and Crime

• Chemical Biological Weaponry

• Misuse

• Short Supply

• Non-military and non-nuclear materials can be subject to license depending on the end user or end use.

• Exporters are responsible for a product to its final destination even if it is being reexported by subsidiaries or distributors.

B. Trading with the Enemy Act

The U.S. embargoes certain countries such as Iran, Iraq, Syria, North Korea and Cuba. If a U.S. product ends up in these locations exporters can be subject to fines and penalties.

C. United Nations Participation Act

The U.S. further refrains from exports to certain United Nations Sanctioned countries for certain commodities.

D. Antiboycott Regulations

Countries in the middle east are most likely to violate anti-boycott law. They include: Bahrain, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, United Arab Emirates and Yemen.

E. Foreign Corrupt Practices Act, Arms Control Act and Emergency Powers Act also control exports

Due diligence is required on the part of the exporter to ensure all exports and reexports are legal. Failure to comply through negligence or criminal wrong doing can subject the exporter to fines, restrictions from exporting or criminal penalties, including prison.

To prevent such actions, exporters should:

• Properly classify and review classifications of export commodities yearly and upon introduction of new products and destinations. Obtain training annually as well.

• Develop an Export Management System that includes:

  • Export Compliance Policy

  • Export Compliance Procedure

  • Export Compliance Training

  • Export Compliance Auditing

Companies have been known to be fined millions of dollars for failure to comply. Companies have lost their export privileges which results in lost revenue.

Commerce and Customs has been ramping up enforcement. 

New regulations will be strictly enforced. The Automated Export System (AES has been implemented by commerce for electronic SED filing (EEI), enabling better enforcement of all exports by multiple U.S. agencies with jurisdiction.  

An ounce of prevention is worth a pound of cure.

Download Services Brochure(PDF)