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- Exporters should review BIS’s “Know
Your Customer Guidance and Red
Flags” guidance which can also be found in Supplement No. 3 of
Part 732 in the EAR. These help you identify and avoid situations that might
violate the EAR.
- If you are issued an export license, or you rely on a license exception
described in Part 740 of the EAR, you are responsible for the proper use
of that license or license exception and for the performance of all of its
terms and conditions.
- If you export an item without either a license or a license exception,
you are responsible for determining that the transaction is either outside
the scope of the EAR or that the export is properly designated as “No
- Both the Foreign Trade Statistics Regulations of the Census Bureau (15
CFR Part 30) and the Export Administration Regulations require that the
Shipper’s Export Declaration (SED) be submitted to the U.S. Government
for many export shipments. There are exceptions to this rule, but if you
are required to submit a SED, you must prepare it in accordance with the
rules of the Foreign Trade Statistics Regulations (FTSR) and present the
number of copies specified in the FTSR at the port of export. For more information
about the FTSR or the SED, visit the Census
Bureau Web site. Also see Part
758 of the EAR for BIS export clearance requirements.
- Remember, records on exports must be retained for five years from date
of export, reexport or many later activities. For additional information
on record keeping see Part 762 of the EAR.
- In addition, especially for transactions involving the Middle East, you
may receive a request to comply with the boycott of Israel. If you comply
with one of these requests, or do not report them to BIS, you will likely
violate U.S. law. Contact the Office
of Antiboycott Compliance at (202) 482-2381 for guidance.