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A Brief Overview of Export Control and Compliance Measures
Posted: Jan 22, 2022
The US has maintained comprehensive export control on the export or re-export of goods, services, and technology to the world. Through established laws and regulations, government agencies govern the export/re-exports of goods to different parts of the world. Here, we briefly cover about the agencies engaged in the implementation of export control, compliance necessities, methodology and more.
Governmental Agencies for Export Control
Bureau of Industry and Security (US Dept. of Commerce), Directorate of Defense Trade Controls (US Dept. of State), Office of Foreign Assets Control (US Dept. of Treasury), US Census Bureau, US Customs and Border Protection, and govt. agencies like drug enforcement agency, nuclear regulatory commission, dept. of energy, etc. enable export control with the highest standards of implementation.
Definition of Export – In Simple Words
An ‘export’ can be defined as a broad range of activities involving export of goods, services, technology, and information. This could be sending or carrying products out from the US, technology transfer, defense service offerings, re-export of products or information. Please watch out the authorized pages of information from the US governmental organization.
Typically, export control doesn’t mean total elimination of export business. Rather, export control deems for national security and foreign policy reasons. Any individual or organization failing those crucial standards of safety and security may face punitive actions, which could amount to penalization or imprisonment. The state implements export control through various regulations, including ITAR, USML, CCL, etc. Once classification of items gets over, it’s not hard to determine the approach for next step of action, be it for approved export, licensed export, or exceptions.
What is export compliance?
Since the established laws and regulations allow controlled export of commodities, goods, services, and technology to various countries, companies need to adhere before any kind of crucial release. An exporter is responsible for providing all the necessary information to receive clearance for export activities. Therefore, it is the exporter’s responsibility to investigate whether a product/item, service or technology falls under the ambit of export control rules or not. Similarly, other compliances like ITAR compliance, DFARS compliance, etc. get implemented.
Effective Export Compliance Program
For a detailed learning of elements of an effective export compliance program, please search for the same document available on the website of Bureau of Industry and Security. The compliance guidelines highlight mapping of a compliance strategy, risk assessment, compliance monitoring, record keeping, auditing, handling and report of export issues or violations, screenings, and corrective actions.
Export Compliance Program by Professionals
Small business operations face a daunting task ahead for compliance needs. If you are a business or individual with export clearance requirements to fulfill, you will need the help of professionals. Not only the experts provide you with guidance on export control measures, but also prevent any kind of amiss that may land you in trouble for a penalty or loss of reputation. We recommend you to not settle on an idea of DIY as it may turn out counter-intuitive.
Author Bio:-
Linqs Group writes about export control laws and regulations implemented by various governmental agencies. He explains briefly about export control, ITAR compliance, DFARS compliance, and compliance programs that exporters need to follow. He also explains why there’s a need of an export control consultant for small business operations that struggle with compliance measures.
Linqs Group's objective is to provide businesses and organisations with a comprehensive range of Governance, Risk, and Compliance (GRC) consultancy services. Cybersecurity management, global export restrictions, and ISO/AS Quality Management Systems