Export Control Charges
What are Export Control Charges?
Regulations governing the export of goods, services, and technology from one country to another are known as export control charges. These regulations are put in place to prevent the transfer of sensitive technology, goods, and services that may pose a potential threat to national security, foreign policy, or human rights.
Types of Export Control Charges
-
EAR (Export Administration Regulations):
Regulates the export of dual-use items, which are items that have both civilian and military applications.
-
ITAR (International Traffic in Arms Regulations):
Regulates the export of defense articles and services.
-
FCPA (Foreign Corrupt Practices Act):
Regulates bribery and corruption in international business transactions.
How Do Export Control Charges Affect Your Business?
- Criminal penalties, including fines and imprisonment, for willful violation of export control regulations
- Civil penalties, including fines and damages, for violating export control regulations
- Loss of export privileges, making it difficult or impossible to conduct international business
- Reputational damage and harm to business relationships
- Compliance audit and monitoring by regulatory agencies, which can be time-consuming and costly
- Potential loss of government contracts or licenses
- Sanctions or boycotts imposed by foreign governments or international organizations
- Violation of international treaties and agreements, which can have long-term consequences for the business’s global reputation and competitiveness.
Common Violations and Compliance Issues
Many businesses unknowingly violate export control charges due to lack of knowledge or poor compliance practices. Some common violations include:
-
Unauthorized exports:
Exporting goods or services without proper licenses or permits.
-
Lack of due diligence:
Failing to conduct proper research on customers, suppliers, or business partners.
-
Inadequate record-keeping:
Failing to maintain accurate records of exports, including documentation and reporting requirements.
Bukh Law P.A. Export Control Charges Defense services:
-
Initial Consultation:
A complimentary meeting to discuss your case, understand the allegations, and develop a defense strategy.
-
Investigation and Evidence Gathering:
We’ll conduct a thorough investigation to gather evidence, interview witnesses, and review documentation to build a strong defense.
-
Licensing and Permit Review:
We’ll review export licenses and permits to identify potential issues and potential defenses.
-
Pre-Charge Advocacy:
We’ll work with you to gather information and build a case before charges are filed, reducing the likelihood of prosecution.
-
Plea Negotiation:
We’ll negotiate with prosecutors to reach a favorable plea agreement, minimizing the consequences of your case.
-
Trial Preparation:
We’ll prepare for trial by gathering evidence, interviewing witnesses, and building a strong defense case.
-
Motions Practice:
We’ll file motions to suppress evidence, dismiss charges, or quash subpoenas to weaken the prosecution’s case.
-
Sentencing Advocacy:
We’ll advocate for a fair and reasonable sentence, taking into account your background, character, and circumstances.
-
Appeals:
If necessary, we’ll appeal any adverse decisions to higher courts, fighting for your rights and freedom.
-
Post-Conviction Representation:
If you’ve been convicted, we’ll represent you in post-conviction proceedings, seeking post-conviction relief or mitigation of punishments