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U.S. Export Controls-Brief Overview

This quick reference guide discusses what are export controls, why do we need them and how they are carried out.

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U.S. Export Controls-Brief Overview

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  1. U.S. Export Controls-Brief Overview

  2. What are Export Controls? U.S. laws and regulations that restrict the flow (shipment, transmission or transfer) of certain materials, devices and technical information related to them outside the U.S. or to foreign persons in the U.S. Why Do We Have Export Controls? • Provide national security. • Promote regional stability. • Promote foreign policy objectives including anti-terrorism and crime control. • Prevent proliferation of weapons and technologies, including weapons of mass destruction, to problem end-users and supporters of international terrorism.

  3. When Do We Need Export Controls? Export Controls are required for: • Procuring U.S. origin items for delivery to your customers. • Using U.S. inputs for manufacturing. • Hiring U. S. expats (workforce board or directors). • Using U.S. technology, such as in joint development projects. • Deemed exports of U.S. technology. • Mergers and acquisitions.

  4. U.S. Government Export Controls and Agencies The primary agencies involved in export controls are: • Department of Commerce, Bureau of Industry & Security (regulates commercial and dual use articles). • Department of State, Directorate of Defense Trade Controls (regulates military and many space articles). • Department of Treasury, Office of Foreign Asset Controls (oversees trade sanctions, embargoes and travel restrictions). • Bureau of Census, Foreign Trade Division (export reporting) • US Customs & Border Protection (export enforcement).

  5. U.S. Export/Sanctions Rules 3 primary set of export and sanctions rules: • US Export Administration Regulations (EAR): Administered by Department of Commerce -governs the export of dual use items (commercial or military) and their technology. • International Traffic in Arms Regulations (ITAR): Administered by Department of State- applies to munitions, or defense articles and services. • Economic Sanctions Regulations:Administered by Treasury Department through its Office of Foreign Assets Control (OFAC)- oversees trade sanctions, embargoes and travel restrictions.

  6. Want to learn more about U.S. export controls, its regulations and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links: • Essentials of Export Controls. • How to Conduct Due Diligence for Exports to Sanctioned Countries? • Mastering U.S. Export Administration Regulations. • Implementing an Export Management and Compliance System. • Multinational Scope of US Export Controls and Economic Sanctions Laws • Is your Export Control Program Up to Standard?

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