Export Compliance

What is ITAR and EAR Compliance?

Among the laws regulating exports, The ITAR, or International Traffic in Arms Regulations, and EAR, or Export Administration Regulations are vital export control laws of the United States which pertain to distributing, manufacturing, and selling products and technology…

ITAR Compliance

The ITAR, or International Traffic in Arms Regulations, regulates the import and export of articles on the United States Munitions List that are related to defense. Under the ITAR, products and technology that are specifically designed for military use are subject to licensing controls by the Department of State.  This is a difficult area for companies to follow and even manufacturing products to specific military design without exporting them can result in a company falling within the jurisdiction of the Department of State..

EAR Compliance

The EAR, or Export Administration Regulations are enforced by the Bureau of Industry and Security, or BIS.
The EAR, or Export Administration Regulations are enforced by the Bureau of Industry and Security, or BIS.   As part of the EAR, the Commerce Control List pertains to certain goods that are to be exported for civil or dual use.  Although many products may be considered “EAR99” and thus not controlled under the Commerce Control List, there are numerous products and related technology and software that may be controlled for export to certain countries and thus require an export license from BIS prior to export.   Working within the Commerce Control List and understanding the specific license exceptions and license requirements can get challenging for exporters.  If you are seeking guidance on classification under the Commerce Control List or working through the Export Administration Regulations, it is advisable to contact a knowledgeable trade attorney.  Contact the Law Office of Attorney Paula Connelly for guidance within this area.

The Cost of Failing to comply with the ITAR and EAR

The U.S. government continues to increase the penalties for violations of both the ITAR and the EAR. Penalties for ITAR violations can be as high as $500,000 for each violation while criminal penalties can result in as much as 10 years in prison for each violation and criminal fines of up to $1,000,000 for each violation.   Similarly, for violations of the Export Administration Regulations, civil penalties can be as high as $250,000 for each violation, with criminal penalties reaching $1,000,000 and up to 20 years in prisons.  In addition, export privileges can be denied and both the Bureau of Industry and Security and the Department of State publicize all penalty cases which can also be detrimental to companies.

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The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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