Import/Export Contols (US)
Overview
Many countries impose regulations on the types of information that can cross international borders. For instance, the EU's GDPR protects personal data within its jurisdiction. In the United States, the government implements Export Controls, a category of regulations that restricts the flow of goods and information deemed sensitive for military and scientific purposes.
ITAR
International Traffic in Arms Regulations (ITAR) controls the export and import of defense-related articles and services on the United States Munitions List (USML).
- Regulates the export of defense articles, including firearms and ammunition.
- Controls the transfer of defense-related technical data and services.
- Requires registration with the Directorate of Defense Trade Controls (DDTC) for manufacturers, exporters, and brokers.
EAR
The Export Administration Regulations (EAR) govern the export and re-export of most commercial items, dual-use items, and certain less sensitive military items.
- Classifies items for export control based on their sensitivity and potential dual-use applications.
- Requires exporters to determine the Export Control Classification Number (ECCN) of their products.
- Establishes licensing requirements for items exported to certain countries or used in specific applications.
OFAC
The Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals.
- Administers sanctions programs targeting countries, entities, and individuals.
- Prohibits transactions with sanctioned countries and parties, including terrorism-related activities.
- Requires compliance with sanctions regulations for financial institutions, exporters, and individuals conducting international business.