The Agencies Involved

The Department of Homeland Security, Bureau of Customs and Border Protection

The Bureau of Customs and Border Protection (formerly the United States Customs Service), with a presence at all major ports of exit from the United States, is responsible for enforcement of export restrictions and prohibitions.

Their main function is to ensure that shipments leaving the United States follow all applicable laws and regulations enforced by other governmental agencies.

They cooperate, for example, with the Census Bureau in collecting export statistics through the shipper’s export declaration.

The United States Department of Commerce, Bureau of Industry and Security

The Bureau of Industry and Security (“BIS”) holds the primary responsibility in the US for controlling US Exports.

They administer their laws and regulations through the Export Administration Regulations (“EAR”).

What items are subject to the EAR?

• All items in the United States, except:
  • Publicly available technology and software (except encryption)
  • Items subject to the exclusive jurisdiction of another Federal Department or Agency
  • Publications that are artistic or non-technical in nature
• Items located outside of the U.S.
  • U.S. origin items, wherever located
  • Certain foreign-made items if:
    • The item exceeds certain de minimis U.S. content (10% for embargoed & terrorist countries - 25 % for all others) (Part 734, Supplement 3 of the EAR); or
• U.S. Persons & Foreign Nationals
  • Certain activities of U.S. persons (Part 744)
  • Release of technology and source code to foreign nationals in the U.S. and abroad (Part 734)
    • The foreign-produced item is the direct product of U.S. technology and software

The EAR applies to “dual use” items, meaning that they have both civil as well as military or strategic use, and are not primarily for weapons or military related use.

The Department of the Treasury, Office of Foreign Assets Controls

The Office of Foreign Assets Controls (OFAC) administers and enforces economic and trade sanctions against targeted foreign countries, terrorism sponsoring organizations and international narcotics traffickers based on U.S. foreign policy and national security goals. OFAC acts under Presidential wartime and national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze foreign assets under U.S. jurisdiction. Many of the sanctions are based on United Nations and other international mandates, are multilateral in scope, and involve close cooperation with allied governments.

Currently, OFAC administers the sanctions programs against the following countries:

• The Balkans
• Burma / Myanmar
• Cuba
• Iran
• Iraq
• Liberia
• Libya
• North Korea
• Sierra Leone
• Sudan
• Unita / Angola
• Yugoslavia

OFAC also administers sanctions against the following persons:

• Foreign Narcotics Kingpins
• Narcotics Traffickers
• The Taliban
• Parties involved in Weapons of Mass Destruction
• Terrorist Parties

The U.S. Department of State

The U.S. Department of State is responsible for controlling and monitoring various types of military related items, such as weapons of mass destruction, and various chemical and biological agents.

The office of Defense Controls licenses defense services and defense (munitions) articles.

The U.S. Nuclear Regulatory Commission

The U.S. Nuclear Regulatory Commission is responsible for controlling and licensing nuclear material and equipment.

The U.S. Department of Energy, Office of Defense Nuclear Non-Proliferation

This agency is responsible for licensing nuclear technology and technical data for nuclear power and special nuclear materials.

The U.S. Department of Energy, Office of Fuels Programs

This agency is responsible for administering controls and licensing of natural gas and electric power.

The U.S. Department of Defense, Defense Threat Reduction Agency – Technology Security

This agency is responsible for the development and implementation of policies on international transfers of defense-related technology, and reviews certain dual-use export license applications referred by Commerce.

The U.S. Department of the Interior, Division of Management Authority

This agency is responsible for controlling the export of endangered fish and wildlife species.

The U.S. Department of Justice, Drug Enforcement Administration

The Drug Enforcement Administration is responsible for overseeing the export of pre-cursor chemicals that can be used in the manufacture of illicit drugs.

They are also responsible for overseeing the export of controlled substances, such as certain medicine.

The Environmental Protection Agency

They are responsible for regulating chemical exports, and toxic waste.

One of the many requirements imposed by this agency, relating to export, is section 12 (b) of the TSCA (Toxic Substance Control Act) - which requires notification to countries of exports controlled by this act.

The U.S. Patent and Trademark Office

They are responsible for overseeing the filing of patent and trademark information for U.S. companies and materials abroad.

The Department of Commerce, Census Bureau

They are responsible for collecting trade data, that is used for determining certain characteristics such as our trade balance with other countries.

They work in conjunction with agencies in other countries, such as Canada, to share data.