US EXPORT COMPLIANCE FRAMEWORK
For national security and foreign policy reasons, the U.S. maintains comprehensive controls and sanctions on the export and re-export of U.S.-origin goods and technology to all destinations around the world.
The legal authority for these controls is authorized by a variety of laws, and administrated by several different government agencies, depending on the nature of the goods to be exported or the country of ultimate destination. Each administering agency maintains its own regulations.
The following is a summary of the primary U.S. Government agencies that govern the export and re-export of products from the United States and related transactions subject to U.S. jurisdiction:
- U.S. Department of Commerce’s Bureau of Industry and Security (BIS) administers the Export Administration Regulations (EAR) that govern the export of commercial and dual-use goods, software and technology, including hardware and software containing certain encryption algorithms. BIS also controls certain defense-related items, including certain parts and components for military aircraft and other military end-uses.
- U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) administers the International Traffic and Arms Regulations (ITAR) that govern the export of defense articles, defense services and ITAR controlled technical data.
- The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) administers country-specific economic and trade sanctions that often include restrictions on most or all transactions with and exports to targeted countries and persons. In addition, both the Treasury and Commerce Departments administer anti-boycott laws, which are designed principally to counter Arab country boycotts of Israel and Israeli goods.
- U.S. Census Bureau – While not a formal export control agency, the Census Bureau’s Foreign Trade Division is responsible for maintaining and implementing the Foreign Trade Regulations (15 CFR Part 30) that govern the preparation and submission of Electronic Export Information (EEI) submitted prior to most exports from the United States. The Census Bureau shares this export data with BIS, OFAC, DDTC, U.S. Customs and Border Protection and other regulatory and law enforcement agencies.
- U.S. Customs and Border Protection (CBP) – While primarily responsible for imports into the United States, CBP officers at various U.S. ports oversee a wide variety of export-related activities and have the authority to inspect, detain and seize export shipments if they are not in compliance with the laws and regulations issued by BIS, DDTC and OFAC.
Other U.S. Government agencies involved in export control-related issues include:
- Drug Enforcement Agency
- Environmental Protection Agency
- Department of Energy
- Nuclear Regulatory Commission
- Patent and Trademark Office
- Food and Drug Administration
- Maritime Administration
- Agriculture Department
- Fish and Wildlife Service
EIFEC Office in Washington D.C assist operators and institutions to keep up to date any compliance determination.