U.S. Export Controls
The United States imposes export controls to protect national security interests and promote foreign policy objectives. Export Enforcement (EE) in the Department of Commerce’s Bureau of Industry and Security is responsible for the enforcement of the Export Administration Regulations (EAR). The Bureau of Industry and Security (BIS) works closely with U.S. embassies, foreign governments, industry, and trade associations to ensure that exports from the United States are secure. In accordance with the Export Administration Regulations, Bureau of Industry and Security officials conduct site visits, also known as End-Use Checks (EUCs), globally with end-users, consignees, and/or other parties to transactions involving items subject to the Export Administration Regulations, to verify compliance.
An End-Use Check is an on-site verification of a party to a transaction to determine whether it is a reliable recipient of U.S. items. EUCs are conducted as part of the Bureau of Industry and Security’s licensing process, as well as its compliance program, to determine if items were exported in accordance with a valid BIS authorization or otherwise consistent with the EAR. Specifically, an EUC verifies the bona fides of recipient(s) of items subject to the EAR, to include: confirming their legitimacy and reliability relating to the end use and end user; monitoring their compliance with license conditions; and ensuring such items are used and/or re-exported or transferred (in-country) in accordance with the Export Administration Regulations.
BIS officials rely on End-Use Checks to safeguard items subject to the Export Administration Regulations from diversion to unauthorized end uses/users. The verification of a foreign party’s reliability facilitates future trade, including pursuant to BIS license reviews. If BIS is unable to verify the reliability of the company or is prevented from accomplishing an EUC, the company may receive, for example, more regulatory scrutiny during license reviews or be designated on BIS’s Unverified List or Entity List, as applicable.
BIS has developed a list of “red flags”, or warning signs, intended to discover possible violations of the EAR.
Also, BIS has “Know Your Customer” guidance.
BIS provides a variety of training sessions to U.S. exporters throughout the year. These sessions range from one to two-day seminars and focus on the basics of exporting as well as more advanced topics.Check a list of upcoming seminars and webinars.
BIS also provides online training.
The Export Administration Regulations do not regulate transactions involving all U.S. goods, services, and technologies. Other U.S. Government agencies regulate more specialized exports. For example, the U.S. Department of State’s Directorate of Defense Trade Controls has authority over defense articles and services. A list of other agencies involved in export control can be found on the BIS website or in Supplement No. 3 to Part 730 of the EAR.
The Export Administration Regulations are available on the BIS website and on the e-CFR (Electronic Code of Federal Regulations).
The Consolidated Screening List (CSL) is a list of parties for which the United States Government maintains restrictions on certain exports, reexports or transfers of items. consolidates a number of smaller lists of restricted parties that are maintained by a variety of U.S. Government agencies, including the Department of Commerce, as an aid to industry in conducting electronic screens of potential parties to regulated transactions.”