Export Compliance is Everyone’s Responsibility
Background: U.S. Export Laws
U.S. export laws are a large and diverse body of regulations which exist to protect vital national security interests, economic competitiveness, and foreign policy objectives. More specifically, export laws regulate the transfer of technology (in whatever form) and the provision of assistance (funds or services) to foreign entities, here or abroad.
Activities subject to export controls require export authorization prior to engaging in the activity. More than ten federal agencies have export control responsibilities, but the five main agencies relevant to Lab activities are:
| FEDERAL AGENCY | REGULATION | CONTROLS WHAT? |
|---|---|---|
| Department of Commerce | 15 CFR 730 – Export Administration Regulations (EAR) | Technology with commercial, research, and/or potential military applications |
| Department of Energy | 10 CFR 810 – Assistance to Foreign Atomic Energy Activities | Nuclear technology and technical data |
| Department of State | 22 CFR 120 – International Traffic in Arms Regulation (ITAR) | Defense technology and defense services |
| Department of Treasury | 31 CFR 500 – Office of Foreign Assets Control (OFAC) | U.S. sanctions and embargoes |
| Nuclear Regulatory Commission | 10 CFR 110 – Export and Import of Nuclear Equipment and Material (NRC) | Nuclear equipment and material |
The agencies tasked with enforcement of U.S. export regulations are Homeland Security Investigations (HSI) [formerly Immigration and Customs Enforcement, (ICE)], the Federal Bureau of Investigation (FBI), the Department of Commerce’s Bureau of Industry and Security (BIS), the Pentagon’s Defense Criminal Investigative Service (DCIS), and potentially other law enforcement agencies.