US Export Control Laws and Regulations

United States Export Control laws and regulations are designed to protect national security or trade. These laws and regulations prohibit the unlicensed export of certain types of items, software, or information that can be transmitted overseas to individuals, including U.S. citizens, or made available to foreign nationals on U.S. soil. U.S. Export Controls also apply to "re-exports" of items, software, and technology from one foreign country to another foreign country.

If an activity is controlled under the export regulations, then a license or other approval is needed from the relevant agency unless an exemption applies. Even if a license or approval is not needed, there might be requirements for government review prior to conduct of the activity, for giving notice to the government, or for keeping special records. Also, if an activity involves controlled information or technology, there likely will be restrictions regarding who can participate in the activity.

Enforcement Agencies

Three federal agencies are primarily responsible for enforcing these laws and regulations.

• Directorate of Defense Trade Controls

  US Department of State Directorate of Defense Trade Controls ("DDTC") administers the International Traffic in Arms Regulations (ITAR). ITAR governs "defense articles and services" or items and information specifically designed or adapted for military use listed on the U.S. Munitions List. Examples of these types of exports include military equipment, military and space electronics, computers designed for military application, cryptographic techniques and encryption software. The DDTC also maintains lists of sanctioned or debarred individuals that may not participate in export-controlled transactions.

• Bureau of Industry and Security

  US Department of Commerce Bureau of Industry and Security ("BIS") administers the Export Administration Regulations (EAR). The Export Administration Regulations regulate “dual use” items or items that have both commercial or military applications. EAR-regulated items appear on the Commerce Control List. BIS also maintains lists of individuals or end-users that have been denied export privileges or whose presence in the transaction may require a license.

• US Department of the Treasury

  US Department of the Treasury Office of Foreign Assets Control administers and enforces trade embargoes and economic sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States. OFAC maintains lists of countries subject to sanctions as well as lists of specially designated nationals who cannot receive export-controlled items.

Other agencies like the Department of Energy, the Nuclear Regulatory Commission, the Centers for Disease Control, and the National Institutes of Health also regulate certain types of exports.