Voluntary Self-Disclosure

BIS encourages the submission of Voluntary Self Disclosures (VSDs) by parties who believe they may have violated the EAR. VSDs are an excellent indicator of a party's intent to comply with U.S. export control requirements and may provide BIS important information on other ongoing violations. BIS carefully reviews VSDs received from disclosing parties to determine if violations of the EAR have occurred and to determine the appropriate corrective action when violations have taken place. Most VSDs are resolved by means other than the issuance of an administrative penalty. Of the VSDs received and resolved in Fiscal Year 2005, 97% were resolved with either a finding that no violation of the EAR had occurred (55%) or with the issuance of a warning letter (42%). Of VSDs received and resolved in Fiscal Year 2006, 100% were resolved with either a finding that no violation of the EAR had occurred (52%) or with the issuance of a warning letter (48%). In instances in which BIS determines that the issuance of an administrative penalty is appropriate for the resolution of a VSD, BIS affords the submission of a VSD "great weight" in assessing and mitigating the penalty. In appropriate cases, fines and other administrative penalties may be significantly reduced. Guidance regarding administrative penalties is provided in Supplement No. 1 of Section 766 of the EAR. Additional information is also available at Voluntary Self-Disclosures.

Pursuant to Part 764.5 of the EAR, one copy of the information constituting a VSD or any other correspondence pertaining to a VSD may be submitted to:

Director, Office of Export Enforcement
1401 Constitution Ave.
Room H4514
Washington, DC 20230
Tel: (202) 482-1208
Facsimile: (202) 482-5889