Export Controls

Exporting — that is, the shipment or transmission of items or material outside of a country — 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 the domestic country to a foreign country. They also affect the re-export of any such items from one foreign country to another, as well as products made outside the country by or for a domestic company.

In recent years, the government has stepped up its enforcement of export controls and ITAR compliance — 50% in 2007 alone. At the same time, the government has increased penalties for ITAR and export control law violations 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.

The topics covered in the course 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
• Recordkeeping and reporting
• Red-flag issues
• Penalties for non-compliance
• Export control regime purposes
• International obligations
• Overview of national legislation and regulation
• Export license application process and standards