Establish an Effective Export-Compliance Program


Many U.S. manufacturers seek to increase revenue by marketing and selling goods and services to foreign buyers. Whether a company has been exporting its products for years or is just beginning to do so, company lawyers must pay close attention to the complicated and nuanced U.S. export-control regimes. The only way to ensure client protection is to establish and implement an effective export compliance program.

A common misconception is that an in-house attorney need not concern himself with U.S. export regulations if his company delivers its products to an address within the United States. However, multiple U.S. export-control requirements come into play if a company’s actions indicate that it knows its goods will be exported abroad, such as by delivering products to a U.S. port. U.S. export-control regulations apply when the buyer intends to export goods, and they require a U.S. company to ensure that the government permits it to export 1. its goods 2. to the buyer 3. in a particular country.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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