Posted on October 29, 2007 by Sheppard Mullin
- Exporting products and technology from the United States is a privilege, not a right.
- U.S. export laws have a broad reach -- they govern U.S. products and technology, foreign products and technology that reside in the U.S., and foreign products and technology that has any U.S. content, even if overseas.
- Classify your products -- "defense articles" are controlled by State under the ITAR; "dual use" products are generally controlled by Commerce under the EAR.
- Providing a controlled item to a "foreign person" inside the U.S. is an export.
- Know your employees -- "foreign persons" must not be given access to controlled information.
- Permanent resident aliens ("green card" holders) are "U.S. persons" for export purposes.
- Exports can occur through oral and written communication or via access to data and technology -- control your e-mail, control access to your server, and control visits to your facilities.
- Have -- and monitor and enforce -- an export compliance plan that includes training of all employees.
- Perform basic due diligence on new customers to see if they are problematic -- US Government web sites can help.
- Violations have consequences -- revocation of export privileges and civil and/or criminal penalties.
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