Guide · International Trade

Export Controls and Economic Sanctions: A Comprehensive Guide to the EAR, ITAR, and OFAC

50 U.S.C. §§ 4801

Type
Guide
Jurisdiction
National
Date
2024-02-04
Topic
International Trade

Three separate legal regimes decide what may leave the United States, what technology a foreign national may see, and whom an American company may deal with at all: the Export Administration Regulations for dual-use items, the International Traffic in Arms Regulations for defense articles, and the sanctions programs administered by the Office of Foreign Assets Control. This guide maps all three from the ground up: how to determine jurisdiction, how to read an ECCN against the Country Chart, when a license exception or EAR99 saves you, how the de minimis and foreign direct product rules project U.S. law onto foreign-made goods, and how end-use and end-user controls like the Entity List override everything else. It explains the deemed export rule that turns an ordinary hiring decision into an export transaction, the ITAR's see-through logic and registration and agreement architecture, and the OFAC framework of blocking, rejection, the 50 Percent Rule, facilitation, and secondary sanctions. It then turns to compliance in practice: screening, red flags, recordkeeping, the antiboycott rules, voluntary self-disclosure and what it is actually worth, and the civil, criminal, and administrative penalties that make this the highest-stakes compliance area most companies never think about. A running hypothetical about a semiconductor manufacturer named Northgate Silicon carries the doctrine from classification through crisis.

Export Controls and Economic Sanctions: A Comprehensive Guide to the EAR, ITAR, and OFAC

International Trade > Export Controls and Sanctions | Published 4 February 2024 - Updated 25 July 2025 | UpLaw - uplaw.us

Three agencies, three rulebooks, and one shipment. Export control and sanctions law is the rare compliance field where a single email to the wrong engineer, a single wire to the wrong bank, or a single component in someone else's product can produce a twenty-year felony exposure — and where liability often attaches without any intent at all.

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