Export Controls – Export Administration Regulations (EAR)

What is it?

  • Products, software and technology that have a primarily commercial use fall under the EAR.
  • The EAR restricts:
  1. Direct exports from the US;
  2. Reexports of U.S. products, software and technology from countries outside the US, and;
  3. The disclosure of U.S. origin technology to non U.S. nationals, wherever situated
  • Technology is broadly defined to include any information for development, production or use of a product
  • Companies may need to:
  1. Obtaina product license
  2. Obtain a license to export to certain persons or entities identified by the U.S.
  3. Screen for “red flags” prior to exporting
  4. Ensure no exports are sent to embargoed or sanctioned countries, even indirectly

 

Why You Care

  • Companies subject to EAR must maintain internal controls to ensure compliance
  • It may not be obvious that the EAR applies to you.  Putting internal controls in place now may lead to significant savings later
  • Fines are steep, and include serious criminal penalties
  • Violations may also lead to “denial orders”, prohibiting your organization from exporting for a period of time

The IntegTree Solution

  • At IntegTree we provide both training and consulting services.  Our consulting services include assessing your need for Export Licensure and putting in place internal compliance programs.
  • If you have an internal compliance program, we audit your system and identify areas for improvement.
  • We also train your workforce on the EAR and other sanctions.  We train your managers to handle their own investigations of licensure and transfer requirements and limitations, and help you identify red flags that signal export restrictions.  Additionally, we teach your workforce to recognize the less visible situations in which the EAR may apply to you.   
  • As with all IntegTree training programs, we work with you to customize the training to that most relevant to you.  We can deliver both short training courses and a more in-depth training intervention.  Customized Online materials can also be developed to meet your specific, ongoing training needs.