Encryption Controls under the Export Administration Regulations

Encryption is generally defined as the process of converting information or data into a code, especially to prevent unauthorized access. Put simply, encryption makes a wide range of technologies more secure. Since 1996, most encrypted technology is controlled by the EAR. Some encrypted technology, which has military-related functionalities, is controlled by the International Traffic in Arms Regulations (“ITAR”). This article provides an overview of encryption controls under the EAR, outlines license exceptions for certain encrypted technologies, and provides best practices for export compliance.

Background on Export Administration Regulations

Over 95% of the world’s population is outside of the United States. Opportunities abound for U.S. companies that export. However, exporting is a privilege and not a right. U.S. exporters have an important responsibility to adhere to U.S. export control laws, including the Export Administration Regulations (“EAR”).

Administered by the U.S. Commerce Department, the EAR is a set of regulations which governs whether U.S. persons may export or transfer goods, software, and technology outside of the United States or to non-U.S. citizens. U.S. exporters have an important responsibility to adhere to the EAR. Violations of the EAR carry hefty civil and criminal penalties. Exporters can pay hundreds of thousands of dollars in penalties, lose export privileges, and even be imprisoned.

Encryption Controls

According to 15 CFR 742.15:

“Encryption items can be used to maintain the secrecy of information, and thereby may be used by persons abroad to harm U.S. national security, foreign policy and law enforcement interests. The United States has a critical interest in ensuring that […]

Export Filing Requirements for Puerto Rico & the U.S. Virgin Islands

Did you know that shipments from the 50 U.S. states to Puerto Rico and the U.S. Virgin Islands generally requires an Electronic Export Information (“EEI”) filing under the U.S. Census Bureau’s Foreign Trade Regulations? This article provides an overview of Foreign Trade Regulations export filing requirements generally, outlines the requirements for Puerto Rico and the U.S. Virgin Islands, and outlines what you can do to optimize your export compliance.

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By |2022-07-07T12:52:42-04:00January 11, 2022|EAR, EEI, Export, International Trade, ITAR, U.S. Census Bureau|Comments Off on Export Filing Requirements for Puerto Rico & the U.S. Virgin Islands

Export Licensing Under EAR

 

Diaz Trade Law’s President, Jennifer Diaz,  and Associate Attorney, Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Export Licensing Under EAR“! Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

 

 

 

 

 

 

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By |2022-04-25T16:53:46-04:00January 4, 2022|Best Practices, Bloomberg, Bloomberg Export, EAR, Export, International Trade, ITAR, U.S. Bureau of Industry and Security (BIS)|Comments Off on Export Licensing Under EAR

Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

CBP 

  • In Fiscal Year 2021, CBP at the LA/Long Beach Seaport seized More Than $760 Million in Counterfeit and Prohibited Products, a 652% increase over the previous year.
  • CBP issues guidance regarding the extension of product exclusions from additional Section 301 China duties on certain medical-care products to address COVID-19.
  • With changes to the HTSUS classification systems possibly coming as early as January 1, 2021, U.S. importers should review their classifications and ensure compliance with U.S. regulations

BIS

China

Bloomberg Law – Introduction to U.S. Export Controls: Part 2

Diaz Trade Law’s President, Jennifer Diaz,  and Associate Attorney, Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Introduction to US Export Controls Part 2“! Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

 

 

 

 

 

 

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By |2022-04-25T16:52:06-04:00December 7, 2021|Best Practices, Bloomberg, Bloomberg Export, EAR, EEI, Export, International Law, International Trade, ITAR, U.S. Bureau of Industry and Security (BIS), U.S. Office of Foreign Assets Control (OFAC)|Comments Off on Bloomberg Law – Introduction to U.S. Export Controls: Part 2

What are Routed Export Transactions?

The U.S. Census Bureau requires Routed Export Transactions to be accurately reported in the Electronic Export Information (“EEI”) that is filed for certain export shipments. This article provides an overview of the U.S. Census Bureau’s export filing requirements, an explanation of what a Routed Export Transaction is, an outline of the Census Bureau’s policies pertaining to Routed Export Transactions, specifically, and offers insight into what you should do to be proactive about your export compliance.

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Keysight Technologies Pays $6.6M to State Department for Export Violations

The U.S. Department of State and the California-based company Keysight Technologies Inc. have reached a settlement of $6.6 million for violations of the Arms Export Control Act (AECA), 22 U.S.C. § 2751 et seq., and the International Traffic in Arms Regulations (ITAR), 22 C.F.R. Parts 120-130.  This settlement comes after a compliance review by the Office of Defense Trade Controls Compliance (DDTC) in the Department’s Bureau of Political-Military Affairs for exporting unauthorized software used for testing radar equipment (on fixed or mobile platforms) to countries including Russia and China.

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By |2021-10-07T14:34:25-04:00September 17, 2021|Customs Expert, Enforcement, Export, International Trade, ITAR|1 Comment

New CITBA Article – An Overview of China’s New Export Controls Regime

Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce that our article, “An Overview of China’s New Export Controls Regime” was published by the Customs and International Trade Bar Association (CITBA) in its Summer 2021 newsletter.

Our article discusses China’s new export control regime. The new framework is similar in many ways to U.S. export licensing mechanisms. The framework is seen by many as a mechanism to counter increasing U.S. export controls towards China as part of escalating U.S.-China tensions.

Below is the article for your reading pleasure.

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By |2021-10-07T14:42:58-04:00July 20, 2021|Best Practices, China, EAR, Export, International Trade, ITAR, U.S. Bureau of Industry and Security (BIS), U.S. Department of Commerce (DOC), U.S. Department of State (DOS), U.S. Office of Foreign Assets Control (OFAC)|Comments Off on New CITBA Article – An Overview of China’s New Export Controls Regime

Do’s and Don’ts of Filing a Commodity Jurisdiction Request

An Introduction to Export Controls

Over 95% of the world’s consumers are outside of the United States. Opportunities abound for U.S. companies that export. However, exporting is a privilege and not a right. U.S. exporters have an important responsibility to adhere to U.S. export control laws, including the Export Administration Regulations (“EAR”), and the International Traffic in Arms Regulations (“ITAR”). Violations of export control laws carry hefty civil and criminal penalties. Exporters can pay hundreds of thousands of dollars in penalties, lose export privileges, and even be imprisoned for violations of U.S. export control laws.

[…]

By |2021-10-07T14:45:48-04:00June 22, 2021|China, Cuba, EAR, EEI, Export, International Trade, IRAN, ITAR, U.S. Bureau of Industry and Security (BIS), U.S. Department of Commerce (DOC), U.S. Office of Foreign Assets Control (OFAC), venezuela|Comments Off on Do’s and Don’ts of Filing a Commodity Jurisdiction Request
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