What are export control violations?
General Overview. Generally, any person or entity that brokers, exports, or attempts to export a controlled item without prior authorization, or in violation of the terms of a license, are subject to penalties. Violators may incur both criminal and civil penalties.
What does the Export Administration Regulations control?
The EAR (Export Administration Regulations) are the rules by which the U.S. Department of Commerce Bureau of Industry and Security (BIS) regulates and controls exports of goods from the United States.
What items are subject to the Export Administration Regulations?
The Export Administration Regulations – EAR
- Nuclear Materials, Facilities and Equipment, and Miscellaneous.
- Materials, Chemicals, Microorganisms, and Toxins.
- Materials Processing.
- Electronics.
- Computers.
- Telecommunications and Information Security.
- Lasers and Sensors.
- Navigation and Avionics.
What are the laws regulating exports?
The International Traffic in Arms Regulations (ITAR), 22 C.F.R. §§ 120-130, governs the export and re-export of defense articles, defense services and related technical data from the United States to any foreign destination, or to any foreign person, whether located in the United States or abroad.
What are the possible penalties for the violation of export controls?
Under the Export Control Reform Act of 2018 (50 U.S.C. §§ 4801-4852) (ECRA), criminal penalties can include up to 20 years of imprisonment and up to $1 million in fines per violation, or both.
What are the consequences of non compliance with export regulations?
Civil penalties for export and trade sanctions violations can range up to $65,000 and $250,000 for civil violations depending on the authorizing legislation. Criminal penalties for individuals can be up to $1,000,000 and 20 years of imprisonment.
When an export controlled item or activity is released to a foreign person in the U.S. it is known as?
The transmission of a controlled technology to a foreign person is informally referred to as a deemed export. Release of controlled technology to foreign persons in the U.S. are “deemed” to be an export to the person’s country or countries of nationality and is found in 734.2(b) of the EAR.
Why are exports controlled?
The United States imposes export controls to protect national security interests and promote foreign policy objectives.
How do I know if my item is subject to the EAR?
You should review the Commerce Control List (CCL) and any applicable parts of the EAR to determine whether an item or activity is subject to the EAR.
What is considered export controlled?
Basically, any research activity may be subject to export controls if it involves the actual export or “deemed” export of any goods, technology, or related technical data that is either 1) “dual use” (commercial in nature with possible military application) or 2) inherently military in nature.
How does the government regulate exports?
The Export Administration Regulations (EAR) are implemented by the Bureau of Industry and Security (BIS) within the Department of Commerce. The EAR regulates the export of “dual use” goods and services (goods and services having both military and civilian uses) that are identified on the Commerce Control List (CCL).
What are the penalties for OFAC violations?
OFAC Sanctions Violation Penalties Fines range up to $20 million, depending the offence, and prison sentences can be as long as 30 years. If, in violating a sanction, a party also violates the Trading with the Enemy Act, it may be penalised with $65,000 fine per violation.
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