Export Control Regulations in the United States

Presidential Memoranda

Presidential Memoranda relating to the Continuation of the National Emergency with Respect to Export Control Regulations (August 4, 2016)

“Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date. In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice, stating that the national emergency declared in Executive Order 13222 in light of the expiration of the Export Administration Act of 1979 is to continue in effect for 1 year beyond August 17, 2016.”

Commerce, Licenses and Enforcement

Find more information on Commerce, Licenses and Enforcement in relation to the Export Control Compliance and Administration in the legal Encyclopedias.

Export Control Regulations and the International Trade Law of the United States

The following list provides a summary of various programs with the corresponding export control agencies in the United States:

• Export Administration Regulation (EAR): Department of Commerce-Bureau of Industry and Security, State Department Dual use products Check denied parties lists; BIS Department of Commerce bis.doc.gov (Agency with oversight power); the Scope of the Program is: Export of goods and could compromise national security. (The responsibility of Exporter is: Determine ECCN if needed; Apply for license if needed) (Government resources available are the following: For Bureau of Industry and Security for ECCN Number Lookup)

• International Traffic in Arms Regulations (ITAR): Department of Commerce-Bureau of Industry and Security, State Department, US Military (Agency with oversight power); the Scope of the Program is:  Control the sales of items used for military purposes (The responsibility of Exporter is: Determine if a license is needed for your product US Munitions List (USML) Part 121 ITAR; Contact your local Export Assistance Center Export Assistance Center; Check whether your products for export are on the US Munitions List (USML)  (Government resources available are the following: US Department of State Website www.pmddtc.state.gov ; www.buyuse.gov )
• Office of Foreign Asset Control (OFAC): Department of Treasury  (Agency with oversight power); the Scope of the Program is:  Economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes,terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States.  (The responsibility of Exporter is:  OFAC is not a regulator and therefore cannot require your bank to establish any compliance procedures. However, all US persons must comply with OFAC regulations. OFAC encourages all exporters to maintain a rigorous risk-based compliance program. ) (Government resources available are the following: For licenses related to agricultural and medical products, please visit:
  http://www.treasury.gov/services/Pages/tsra.aspx;  For licenses related to any other type of transaction, please see: http://www.treasury.gov/resource-center/sanctions/Pages/licensing.aspx )
• Nuclear Regulatory Commission (NRC): Department of Energy (Agency with oversight power); the Scope of the Program is: Regulates nuclear material, propulsion equipment, power plants. Formulates policies and directs the activities of the program offices  (The responsibility of Exporter is: There are General and Specific Licensing required for nuclear proliferation, chemical or biological equipment for all Individual US Exporters.) (Government resources available are the following: U.S. NRC http://www.nrc.gov/about-nrc/organization.html;  Export Regulations http://www.nrc.gov/about-nrc/ip/export-import.html )

Resources

See Also

Further Reading

• Export Control Regulations entry in the Dictionary of International Trade Law (Raj Bhala)
• Export Control Regulations entry in the Gale Encyclopedia of U.S. Economic History (Thomas Carson; Mary Bonk)
• Export Control Regulations entry in the Dictionary of International Trade
• Export Control Regulations entry in the Dictionary of International Trade: Handbook of the Global Trade Community (Edward G. Hinkelman)

The Foreign Funds Control Regulations

Find more information on the Foreign Funds Control Regulations in relation to the Trading with the Enemy Act in the legal Encyclopedias.

The Transaction Control Regulations

Find more information on the Transaction Control Regulations in relation to the Trading with the Enemy Act in the legal Encyclopedias.