U.S. exporters must fully comply with all applicable export laws. Because these laws are administered by several different federal agencies, this can be a daunting prospect. The three primary export control agencies are the Department of Commerce, the Department of State, and the Department of the Treasury. The Administration is currently implementing the Export Control Reform Initiative, a comprehensive overhaul which will make significant changes to the existing system. Over the next few years, implementation of the Export Control Reform Initiative, through Executive action and legislative changes, will lead to a very different system from that in place today.
Adduci, Mastriani & Schaumberg, L.L.P., has experienced attorneys who can assist you to navigate this complex and changing regulatory environment and achieve export compliance. Whether you need a one-time license, a comprehensive export program, or are seeking information concerning possible restrictions on exporting your product or service, we can help.
Some of the agencies that regulate U.S. exports are:
Bureau of Industry and Security: The Department of Commerce’s Bureau of Industry and Security enforces the Export Administration Regulations (EAR). The EAR regulate the export and re-export of non-military and “dual use” (both military and non-military) commodities, software, and technology involved in chemical and biological weapons, nuclear proliferation, national security, missile technology, regional stability, firearms, crime control, and antiterrorism. The EAR contain the Commerce Control List, which requires licenses for certain exports.
Directorate of Defense Trade Controls: The Department of State’s Directorate of Defense Trade Controls administers the International Traffic in Arms Regulations (ITAR). ITAR contains the U.S. Munitions List (USML) and controls defense articles, defense services, and related technical data as these terms are defined by the USML and the Arms Export Control Act. Manufacturers, exporters, providers, and brokers of these items must register with the State Department as a precondition for receiving licensing or other approval for export or temporary import of these items.
Office of Foreign Assets Control: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals. OFAC administers country-specific embargoes and list-based or program-specific sanctions associated with counter-terrorism, non-proliferation, counter-narcotics trafficking, diamond trading, and other threats to the national security, foreign policy, and economy of the United States.
Other agencies involved in the administration of U.S. export controls include the Nuclear Regulatory Commission, the Department of Energy, the Drug Enforcement Administration, the Food and Drug Administration, and the Department of Agriculture.