• 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.