THE JOURNAL OF EXPORT CONTROLS AND SANCTIONS

Issue 20, March 2013

How non-U.S. companies may become subject to U.S. re-export controls (or already are without realizing it)

Michael L. Burton, Jamie A. Joiner and Lindsey N. Roskopf examine the extraterritorial reach of both the EAR and ITAR and, using hypothetical case studies, consider how transactions involving..

As many readers know all too well, U.S. export controls create compliance burdens and enforcement risks to U.S. and non-U.S. companies alike. Though controversial among our trading partners, the extraterritorial reach of U.S. export controls is by now firmly established in law and practice, as the penalties, jail time, and denial orders imposed attest. In 2011 and 2012, civil actions against non-U.S. companies and individuals comprised between 30% and 40% of the U.S. Commerce Department’s, Bureau of Industry and Security (‘BIS’) docket.1 In 2011, the largest monetary civil penalty ever imposed by the U.S. State Department’s Directorate of Defense Trade...

Please Login to view this content. (Not a member? Join Today!)
Please login or subscribe to view this content.

SUBSCRIBE NOW TO RECEIVE


Password Reset
Please enter your e-mail address. You will receive a new password via e-mail.