“EAR and OFAC Fundamentals: Export Control of Dual-Use Equipment, Technology and Services,” includes coverage of the U.S. Export Administration Regulations (EAR) the International Emergency Economic Powers Act (IEEPA), and various U.S. sanctions laws and regulations

Practical instruction on export controls of equipment, technology, and services and how to obtain the proper clearances from the Bureau of Industry and Security (BIS) or the Office of Foreign Assets Control (OFAC) with the speed and economy necessary to compete profitably overseas.

Export controls are a fact of life for virtually all U.S. businesses. Even in this era of deregulation, the transfer of equipment, technology and services is tightly controlled by the Government's extensive export licensing requirements. Although the Administration has called for extensive reforms in U.S. export control laws, many in Congress favor a continuation of the current stringent controls. Any efforts to reform the U.S. export control structure will be balanced against the need to prevent U.S. technology from falling into the hands of terrorists and rogue governments. Consequently, U.S. companies can anticipate export controls to continue to affect their business for the foreseeable future.

To assist you in successfully dealing with the export controls impacting your business, we have updated this basic course to focus on the EAR and U.S. sanctions. The course aims to increase your ability to recognize EAR-controlled products and technology, recognize various export situations and determine whether your export requires a license. It will offer practical compliance strategies that can be implemented by companies of any size. The course will also highlight special concerns, including sanctioned and embargoed countries, end use/end user issues, and hiring of foreign nationals.

Coverage includes:

The legal framework – U.S. statutes and regulations as well as international agreements (Wassenaar; Nuclear Suppliers Group; Missile Technology Control Regime; Chemical Weapons Convention)
Jurisdictional concerns between the Department of Commerce (“dual-use”) and the Department of State (“defense articles”)
U.S. Sanctions and Embargoes
Recognizing and protecting EAR-controlled technology
Learning how to prevent “deemed exports” of technology to foreign national employees and others in the U.S.
Classifying your product under the EAR and requesting a “CCATS”
Licensing determination: using the “Country Chart” to determine the licensing requirements for your destination
Licensing procedure and licensing exceptions
General Prohibitions, End/Use and End User Controls
Antiboycott regulations
Screening your customer
Compliance Plans
Enforcement - penalties, voluntary disclosures and recent enforcement actions as case studies