A brief discussion on US export compliance and controls

Considering the export regulations, exports can both be actual shipments of commodities out of the country as well as "deemed exports." A deemed export is technically data, technology, or information about controlled commodities transferred, published, or released to foreign persons in the United States. The foreign person's home country is considered to be the destination of a deemed export. Therefore, for all controlled commodities, a license or license exception is required prior to the transfer of "technology" or "technical data" about the controlled commodities to foreign persons inside the United States.

Export controls are imposed by the United States to protect national security interests and promote foreign policy objectives. In addition, the United States participates in various multilateral export control regimes to prevent the proliferation of weapons of mass destruction as well as destabilizing accumulations of conventional weapons.

Its Bureau of Industry and Security (BIS) administers U.S. laws, regulations, and policies governing the export and re-export of commodities, software, and technology (collectively "items") falling under the jurisdiction of the Export Administration Regulations (EAR). BIS promotes national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system. Additionally, BIS enforces anti-boycott laws and coordinates with U.S. agencies and other countries on export control, non-proliferation, and strategic trade issues.

BIS enforces the Export Administration Regulations (EAR), which governs the export, re-export, and transfer (in-country) of items with commercial uses that can also be used for weapons of mass destruction, terrorist activities, or human rights abuses, or less sensitive military items.

The US export control laws are in place to protect US national security, foreign policy, and economic interests without placing undue regulatory burden on legitimate international trade. The United States government export control licenses are used to allow and track the transfer of export-controlled technologies.

Export compliance entails all activities related to the import and export of goods and services, tangible and intangible assets and the transfer of payment methods. These activities are subject to regulations applicable to transactions between two different states or jurisdictions.