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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