The Export Administration Regulations (“EAR”), administered by the Department of Commerce, govern the export of nearly all items other than defense articles, including “dual-use” goods, software, and technology that can be used for civil or military applications. The EAR affect both U.S. and non-U.S. companies, including companies that do not physically export products or technology but who employ non-U.S. employees. Compliance with the EAR can be complex, and the consequences of non-compliance -- including monetary fines, denial of export privileges, and reputational harm -- can be severe.
This program will provide a practical overview of the EAR for companies of all sizes. It will review the central tenets of the EAR and how to assess whether an export license is required for a particular transaction, explain key principles such as deemed exports and re-exports, and offer thoughts on questions and considerations that companies should take into account in seeking to comply with the EAR. It will additionally preview some of the key changes anticipated in the months ahead in connection with the Obama Administration’s export control reform initiative. This combination of legal background and practical analysis will be valuable for companies of all sizes looking to develop a new export compliance program or to strengthen existing compliance efforts.