Category: EAR

If you’ve spent any time in trade compliance, you’ve probably come across the term “reasonable care.”  But what, exactly, does that mean?  The ambiguous nature of this phrase has caused many different interpretations over the years.  Let’s review some practical ways to apply this principle to your global trade compliance program. The idea of “reasonable...

In addition to federal workers impacted by the current government shutdown, companies who rely on the federal government to support their import/export compliance are also feeling the impact. We thought it might be helpful to provide the status of the various government agencies involved with assisting importers and exporters during this shutdown. Please Note: This...

In recent weeks, we’ve seen significant activity from both the legislative and executive branches that could change the way foreign investment occurs in U.S. companies. These changes could also affect the export control compliance requirements of many companies who are targets of foreign investors. Keep reading for a brief history of CFIUS reviews, and the...

We field lots of questions about the difference between ITAR and EAR regulations. Particularly with the changes from Export Control Reform in recent years, the lines between these two regulations can easily get blurred. How can you distinguish ITAR vs. EAR? Which regulation applies to your products, data and technology? How are they the same?...

Have you ever struggled to determine the responsibilities and parties in a routed export transaction? If so, you’re not alone! Routed transactions make even the most experienced exporters pause. They have been described as dreaded, confusing, mysterious and complicated! In an effort to give the trade community the chance to comment and provide feedback on...

We get a lot of questions about exporting titanium products and other metals from the United States to a foreign country. It’s no simple process, and it’s easy to slip into a violation of U.S. export control regulations. Recently, I sat down with one of our clients – Performance Titanium Group (PTG) – to discuss...

Zhongxing Telecommunications Equipment Corporations, (“ZTE”), and its subsidiaries and affiliates entered into a settlement with three U.S. government agencies covering civil and criminal charges filed against the company. The proposed $1.9 billion settlement closes a five-year investigation into ZTE’s exporting and reexporting activities, whereby roughly $40 million of U.S.-origin goods passed through China to companies...

Access USA Shipping, LLC, of Sarasota, Florida, recently entered into a $27 million agreement with BIS to settle allegations that it violated the Export Administration Regulations (EAR). The company, which does business under the name MyUS, provides package forwarding and consolidation services for foreign buyers. Regular readers of this blog will know this is not...

During the dark days of winter (January to be exact), the U.S. Department of Commerce, Bureau of Industry and Security (BIS), published a new regulatory requirement dealing with items controlled under multilateral regimes. This new rule, effective in April, requires exporters and reexporters to obtain a Hong Kong import license or written statement from the...

On 20 December 2016, in the Federal District of Connecticut, JIANG YAN, 34, of Shenzhen China was sentenced to time served (12 months imprisonment) for attempting to purchase and export to China without a required export authorization for certain sophisticated integrated circuits used in military satellites and missiles. Additionally, for conspiring to sell counterfeits of...