• BIS

    BIS Annual Conference 2020

  • Temporary

    Temporary General License: Extension of Validity, effective February 13, 2020 BIS Final rule

  • Chinese

    Chinese Telecommunications Conglomerate Huawei and Subsidiaries Charged in Racketeering Conspiracy

  • Iranian

    Iranian Export Company Executive Sentenced for Violating U.S. Sanctions Against Iran

  • Category

    Category I-III (firearms) final rule published 01/23/2020 (85 FR 4136)

  • Five

    Five Men Indicted For Operating An International Procurement Network To Export Goods From The United States To Pakistan's Nuclear Program

  • Addition

    Addition of Software Specially Designed to Automate the Analysis of Geospatial Imagery to the Export Control Classification Number 0Y521 Series, published 01/06/20 (85 FR 459)

  • On

    On December 13, 2019, Deputy Assistant Secretary Borman participated in the European Union Export Control Forum in Brussels, Belgium

  • Temporary

    Temporary General License: Extension of Validity, effective November 18, 2019

  • Entity

    Entity List final rule published 11/13/19 (84 FR 61538)

  • Cuba:

    Cuba: Restricting Additional Exports and Reexports

  • Entity

    Entity List final rule published 10/09/19 (84 FR 54002)

  • Iranian

    Iranian Citizen Sentenced For Conspiring To Facilitate The Illegal Export Of Technology To Iran

  • On

    On December 13, 2019, Deputy Assistant Secretary Borman participated in the European Union Export Control Forum in Brussels, Belgium

  • Luthmann

    Luthmann Sentencing Press Release

  • Huawei

    Huawei Entity Listing Temporary General License Extension FAQs

  • Huawei

    Huawei Entity Listing FAQs

  • BIS

    BIS Publishes Due Diligence Guidance Concerning Exports, Reexports, and Transfers (In-Country) to Pakistan

  • Iranian

    Iranian Businessman Pleads Guilty To Conspiracy To Violate U.S. Sanctions By Exporting Carbon Fiber From The United States To Iran

  • Man

    Man Taken into Custody after Being Charged with Illegally Exporting Prohibited Manufacturing Equipment to Iran

Would you like to...

 
   

Exporter Portal

exporter portal2

Everything you need to know about exporting

   

New to Exporting?

cogsinbrain.fwInformation for small and new-to-export companies
   

In The News

bis news_homeBIS Newsroom
   

Consolidated Screening List

consolidated listThe following list may be relevant to your export or reexport transaction
   

Report Violations

report violation_hpReporting Possible Violations
   

Events

February 19-20, 2020 San Diego, CA

san diego caFebruary 19-20, 2020 San Diego, CA

Complying with U.S. Export Controls

This two-day program is led by BIS's professional counseling staff and provides an in-depth examination of the Export Administration Regulations (EAR). The program will cover the information exporters need to know to comply with U.S. export control requirements on commercial goods. We will focus on what items and activities are subject to the EAR; steps to take to determine the export licensing requirements for your item; how to determine your export control classification number (ECCN); when you can export or re-export without applying for a license; export clearance procedures and record keeping requirements; Export Management Compliance Program (EMCP) concepts; and real life examples in applying this information. Presenters will conduct a number of "hands-on" exercises that will prepare you to apply the regulations to your own company's export activities. This one-of-a-kind program is well suited for those who need a comprehensive understanding of their obligations under the EAR. Continuing legal education credit (MCLE) is available, and varies with the length of each seminar, for California State Bar members.

View Event Details

February 21, 2020 San Diego, CA

san diego caFebruary 21, 2020 San Diego, CA

How to Build an Export Compliance Program

This one-day workshop that provides an overview of the steps a company may take to implement an internal Export Compliance Program.  Developing and maintaining an export compliance program is highly recommended to ensure that export transactions comply with the EAR, and to prevent export control violations.  Agenda topics include guidance on how to establish an Export Compliance Program, strategies to enhance your company’s compliance program, how to avoid common compliance errors, and how to build a solid framework for your company’s compliance program.  This program includes small group discussion, hands-on exercises, and compliance peer networking, and provides a written example of an export compliance program as well as the Office of Exporter Services January, 2017 revised Export Compliance Guidelines to assist in developing your compliance program.  Recommended prerequisite:  Essentials of U.S. Export Controls or Complying with U.S. Export Controls or equivalent experience.

View Event Details

February 25-26, 2020 San Antonio, TX

San Antonio_TXFebruary 25-26, Complying with U.S. Export Controls

This two-day program is led by BIS's professional counseling staff and provides an in-depth examination of the Export Administration Regulations (EAR).  The program will cover the information exporters need to know to comply with U.S. export control requirements on commercial goods, and other items subject to the EAR.  We will focus on what items and activities are subject to the EAR, how to determine your export control classification number (ECCN), steps to take to determine the export licensing requirements for your item, when you can export or reexport without applying for a license, export clearance procedures, and record keeping requirements.


View event details

 

 

April 1-2, 2020 Los Angeles, CA

losangelesApril 1-2, 2020, 14th Annual Export Control Forum

The Export Control Forum will return to Southern California this Spring with a full agenda dedicated to recent developments in the export control field. This day-and-a-half conference will provide a convenient, West Coast alternative to the Annual Conference on Export Controls that BIS has conducted in Washington, D.C. for 30 years. This year’s Forum will feature numerous regulatory, policy, licensing and enforcement experts from the principal U.S. export control agencies. As in years past, the event will include a networking opportunity at the close of the first day, where participants may interact with the speakers and other attendees in a more congenial environment. For those interested in showcasing their products or services, the conference will also offer the opportunity to be an exhibitor, facilitating your ability to reach many of the most experienced professionals in the field. We truly look forward to presenting this event on the West Coast and hope to see you there!

For the latest information on the content of the Export Control Forum, please contact the BIS Western Regional Office at 949-660-0144 or 408-998-8806.

The Export Control Forum details the significant changes that have recently occurred and offers a “look ahead” for developments you can expect in the future.  It is not a basic, “how-to” course.  If you are new to the export control arena, we encourage you to attend one of the many “Complying with U.S. Export Controls” seminars BIS offers throughout the country.  Those events cover the Export Administration Regulations in a step-by-step manner, enabling you to understand and comply with relevant export controls.
View Event Details

14th Annual Export Control Forum

Normal 0 false false false EN-US X-NONE X-NONE

April 15-16, 2020 Harrisburg, PA

April 15-16, 2020 Complying with U.S. Export Controls

This two-day program is led by BIS's professional counseling staff and provides an in-depth examination of the Export Administration Regulations (EAR). The program will cover the information exporters need to know to comply with U.S. export control requirements on commercial goods. We will focus on what items and activities are subject to the EAR; how to determine your export control classification number (ECCN); steps to take to determine the export licensing requirements for your item; when you can export or reexport without applying for a license; export clearance procedures; and record keeping requirements.
View event details

 

April 28 - 29 Irvine, CA

irvine caFebruary 25-26, Complying with U.S. Export Controls

This two-day program is led by BIS's professional counselling staff and provides an in-depth examination of the Export Administration Regulations (EAR). The seminar will also feature guest speakers from the BIS Office of Export Enforcement; the U.S. Census Bureau; and the Department of Treasury, Office of Foreign Assets Control. The program will cover the information exporters need to know to comply with U.S. export control requirements under these regulations. We will focus on what items and activities are subject to the EAR; steps to take to determine the export licensing requirements for your item; how to determine your export control classification number (ECCN); when you can export or reexport without applying for a license; Automated Export System (AES) procedures and requirements; sanctions programs; Export Compliance Program (ECP) concepts; and real life examples in applying this information. Presenters will conduct a number of "hands-on" exercises that will prepare you to apply the regulations to your own company's export activities. This one-of-a-kind program is well suited for those who need a comprehensive understanding of their obligations under the EAR.


View event details

 

 

May 19-20, 2020 Charleston, SC

Charleston SC IMG 1082

May 19-20, Charleston, SC

Complying with U.S. Export Controls

This two-day program is led by BIS's professional counseling staff and provides an in-depth examination of the Export Administration Regulations (EAR).  The program will cover the information exporters need to know to comply with U.S. export control requirements on commercial goods, and other items subject to the EAR.  We will focus on what items and activities are subject to the EAR, how to determine your export control classification number (ECCN), steps to take to determine the export licensing requirements for your item, when you can export or reexport without applying for a license, export clearance procedures, and record keeping requirements.

 

View Event Details

May 21, 2020 Charleston, SC

Charleston SC IMG 1082

May 21, Charleston, SC

How to Build an Export Compliance Program

How to Build an Export Compliance Program is a one-day workshop that provides an overview of the steps a company may take to implement an internal Export Compliance Program.  Developing and maintaining an export compliance program is highly recommended to ensure that export transactions comply with the EAR, and to prevent export control violations.  Agenda topics include guidance on how to establish an Export Compliance Program, strategies to enhance your company’s compliance program, how to avoid common compliance errors, and how to build a solid framework for your company’s compliance program.  This program includes small group discussion, hands-on exercises, and compliance peer networking, and provides a written example of an export compliance program as well as the Office of Exporter Services January, 2018 revised Export Compliance Guidelines to assist in developing your compliance program.  Recommended prerequisite:  Complying with U.S. Export Controls or equivalent experience.

 

View Event Details

June 23-24, 2020 Boston, MA

Boston Seminar June 2020June 23-24, 2020 Complying with U.S. Export Controls

This two-day program is led by BIS's professional counseling staff and provides an in-depth examination of the Export Administration Regulations (EAR). The program will cover the information exporters need to know to comply with U.S. export control requirements on commercial goods. We will focus on what items and activities are subject to the EAR; how to determine your export control classification number (ECCN); steps to take to determine the export licensing requirements for your item; when you can export or reexport without applying for a license; export clearance procedures; and record keeping requirements.
View Event Details

June 25, 2020 Boston, MA

Boston Seminar June 2020June 25, 2020 How to Build an Export Compliance Program

How to Build an Export Compliance Program is a one-day workshop that provides an overview of the steps a company may take to implement an internal Export Compliance Program.  Developing and maintaining an export compliance program is highly recommended to ensure that export transactions comply with the EAR, and to prevent export control violations.  Agenda topics include guidance on how to establish an Export Compliance Program, strategies to enhance your company’s compliance program, how to avoid common compliance errors, and how to build a solid framework for your company’s compliance program.  This program includes small group discussion, hands-on exercises, and compliance peer networking, and provides a written example of an export compliance program as well as the Office of Exporter Services January, 2017 revised Export Compliance Guidelines to assist in developing your compliance program.  Recommended prerequisite:  Essentials of U.S. Export Controls or Complying with U.S. Export Controls or equivalent experience.
View Event Details

   

Certain provisions in the Export Administration Regulations (EAR) require an exporter to submit an individual validated license application if the exporter "knows" that an export that is otherwise exempt from the validated licensing requirements is for end-uses involving nuclear, chemical, and biological weapons (CBW), or related missile delivery systems, in named destinations listed in the EAR.

BIS has issued the following guidance on how individuals and firms should act under this knowledge standard. This guidance does not change or revise the EAR.

Decide whether there are "Red Flags"

Take into account any abnormal circumstances in a transaction that indicate that the export may be destined for an inappropriate end-use, end-user, or destination. Such circumstances are referred to as "Red Flags." Included among examples of red flags are orders for items which are inconsistent with the needs of the purchaser, a customer's declining installation and testing when included in the sales price or when normally requested, or requests for equipment configurations which are incompatible with the stated destination (e.g.--120 volts in a country with a standard of 220 volts). BIS has developed lists of such "Red Flags" which are not all-inclusive but are intended to illustrate the types of circumstances that should cause reasonable suspicion that a transaction will violate the EAR. You should also review U.S. Government Lists to check to identify parties prohibited or restricted from participating in U.S. export transactions as well as BIS's Unverified List of parties whose bona fides BIS has been unable to determine in end-use checks.

If there are "Red Flags"

If there are no "Red Flags" in the information that comes to your firm, you should be able to proceed with a transaction in reliance on information you have received. That is, absent "Red Flags" (or an express requirement in the EAR), there is no affirmative duty upon exporters to inquire, verify, or otherwise "go behind" the customer's representations. However, when "Red Flags" are raised in the information that comes to your firm, you have a duty to exercise due diligence to inquire regarding the suspicious circumstances and ensure appropriate end-use, end-user, or ultimate country of destination in the transactions you propose to engage in.

The duty to check out "Red Flags" is not confined to transactions involving the "know," "reason to know," or "is informed" sections of the EAR. Parties engaging in export transactions are required by the EAR to obtain documentary evidence concerning the transaction; misrepresentation or concealment of material facts is prohibited, both in the licensing process and in all export control documents. You can rely upon representations from your customer and repeat them in the documents you file unless "Red Flags" oblige you to take verification steps.

Do not self-blind

Do not cut off the flow of information that comes to your firm in the normal course of business. For example, do not instruct the sales force to tell potential customers to refrain from discussing the actual end-use, end-user and ultimate country of destination for the product your firm is seeking to sell. Do not put on blinders that prevent the learning of relevant information. An affirmative policy of steps to avoid "bad" information would not insulate a company from liability, and it would usually be considered an aggravating factor in an enforcement proceeding.

Employees need to know how to handle "Red Flags." Knowledge possessed by an employee of a company can be imputed to a firm so as to make the firm liable for a violation. This makes it important for firms to establish clear policies and effective compliance procedures to ensure that such knowledge about transactions can be evaluated by responsible senior officials. Failure to do so could be regarded as a form of self-blinding.

Reevaluate all the information after the inquiry

The purpose of this inquiry and reevaluation is to determine whether the "Red Flags" can be explained or justified so as to evidence the bona fides of the party and the legitimacy of the transaction. If they can, you may proceed with the transaction. If the "Red Flags" cannot be explained or justified and you proceed, you run the risk of having had "knowledge" that would make your action a violation of the EAR.

Refrain from the transaction, disclose the information to BIS and wait

If you continue to have reason for concern after your inquiry, then you should either refrain from the transaction or submit all the relevant information to BIS in the form of an application for a validated license or in such other form as BIS may specify.

Industry has an important role to play in preventing exports and reexports contrary to the national security and foreign policy interests of the United States. BIS works in partnership with industry to make this front line of defense effective, while minimizing the regulatory burden on exporters. If you have any question about whether you have encountered a "Red Flag," you may contact BIS' Office of Export Enforcement or use this Confidential Enforcement Lead/Tip Form to submit a confidential tip.

Please note that use of the form will not generate any return e-mail to you so that the information you submit will remain confidential.

   
© BIS 2019