A number of U.S. government departments and agencies are involved in the implementation and enforcement of export laws and regulations. These include:
- For violations of the EAR, a civil penalty can range from a maximum of $12,000 per violation or $120,000 per violation of items involving national security.
- For violations of the ITAR, a civil penalty can cost you up to $500,000 per violation.
- For violations of OFAC regulations, a civil fine for a corporate or individual may be up to $55,000 per violation.
- For violations of the FTR, the CBP can fine you up to $50,000 for your failure to submit an EEI filing.
- Criminal violations can result in a million dollar fine per violation. An individual can also face prison time up to 10 years per violation.
Export Legal and Business Solutions
When exporting commodities from the United States, you must first classify your article according to the Schedule B or Harmonized Tariff Schedule for reporting to Census.
If your commodity comes under the Commerce Classification List (CCL) the exporter must provide the Export Commodity Classification Number (ECCN), and must know if a license is required to the export destination, or if an exception can be used for each transaction. Under U.S. law it is the responsibility of the exporter to classify the item(s) and to determine if an export license is required from any U.S. Government agency.
We can help you organize for exporting; locate the right U.S. suppliers, freight forwarders, cargo insurers; advise you concerning export sales contracts, the proper use of Incoterms®2010, and alternative methods of payment; determine the correct classifications and export licensing requirements of your commodities; file commodity jurisdiction requests with the U.S. Government; assist you in applying for export licenses, steer you away from troublesome problems related to embargoes, sanctions, currency reporting requirements, anti-boycott laws, intellectual property rights, hazardous materials, export documentation, recordkeeping, and responsibilities under the FTR, EAR, ITAR, CR, and OFAC. You may also have to adhere to FDA, USDA, NRC, DEA, DOJ etc. responsibilities and procedures before you export anything.
We are also here to defend you vigorously should you be cited for having violated export laws or regulations. We are more than ready to deal with the CBP, BIS and other U.S. governmental entities on you behalf.
Exporters should implement robust export compliance programs. We can help you design and implement one that is right for you. We can also provide you with export compliance training, which can be done at your location. In addition, we can get your company get on board with the CBP Customs-Trade Partnership Against Terrorism (C-TPAT) Program. And we can also prevent your competitors from knowing all about your export trade data, which they can easily do so by making use of numerous online providers..
Don't delay. Contact our office today.