Best Practices & Guidelines

Nunn-Wolfowitz Task Force Establishes "Best Practice" Regarding Export Compliance (PDF) A task force commissioned by Hughes Electronics and headed by former Senator Sam Nunn and Ambassador Paul Wolfowitz. (7/25/00).

Guide to Export Controls (PDF) Issued by the U.S. Department of Commerce/International Trade Administration: (7/00)

US State Department’s Guidelines for Directorate of Defense Trade Controls (DDTC) Registered Exporters/Manufacturers Compliance Program (PDF)

Best Practices of Compliant Companies from the Department of Homeland Security’s Bureau of Customs and Border Protection (PDF)

Export Management System Guidelines from the Commerce Department’s Bureau of Industry and Security (BIS)

United States Sentencing Commission's Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary, which the courts use to determine appropriate criminal penalties. Pursuant to section 994(p) of title 28, United States Code, the United States Sentencing Commission submitted to the Congress these amendments to the sentencing guidelines and the reasons for the amendments. (PDF)

Export Regulations

International Traffic in Arms Regulations (ITAR)

Companies that manufacture and/or export defense items, services and technologies must comply with specific export regulations designed to control the spread of military technology and capacities to certain designated countries or groups. U.S. exporters are responsible for compliance with the International Traffic in Arms Regulations (ITAR) governing these exports. These regulations are issued by the State Department and administered by the Office of Defense Trade Controls. Extensive civil and criminal penalties are levied against companies and/or individuals who violate export regulations.

Export Administration Regulations (EAR) - US Bureau of Industry & Security

Many goods not controlled by ITAR are subject to licensing under EAR. These regulations cover “dual use” items, services or technologies (which have legitimate commercial applications but could be used in the development or manufacture of conventional weapons or weapons of mass destruction. These regulations are enforced by the U.S. Department of Commerce/BIS and assert control over all U.S. goods anywhere in the world, and all goods in the U.S., no matter where produced.

Office of Foreign Assets Control Regulations (OFAC)

The Department of Treasury’s Office of Foreign Assets Control administers and enforces economic and trade sanctions against targeted foreign countries, terrorism sponsoring organizations, and international narcotics.

Other Export Regulations

In addition to EAR and ITAR, exports from the United States may be subject to regulations administered other government agencies. The following lists the appropriate agency and their responsibilities related to U.S. exports.

Department of Energy regulates nuclear technology, natural gas and electric power.

Defense Threat Reduction Agency (Dept. of Defense) develops policies on international transfers of defense-related technology, and reviews certain dual-use export license applications referred by the Department of Commerce

Drug Enforcement Administration controls the import and export of listed chemicals used in the production of control substances under the Controlled Substances Act.

Environmental Protection Agency’s Office of Solid Waste regulates toxic waste exports.

Food and Drug Administration licenses drugs and medical devices.

Nuclear Regulatory Commission licenses nuclear equipment and materials.

United States Patent and Trademark Office administers to patent filing data sent abroad.