Export Controls

U.S. export controls are regulations that restrict the export of certain goods, software, technology, and technical data to foreign countries and entities to protect national security and foreign policy interests.[1][3] These controls keep sensitive items out of the hands of adversaries, terrorist organizations, and other parties that could pose a threat to American interests.[1]

Who Enforces Export Controls

The U.S. government enforces export controls through multiple agencies with overlapping authority.[7] The Department of Commerce’s Bureau of Industry and Security (BIS) oversees commercial and dual-use items—goods with both civilian and military applications—under the Export Administration Regulations.[3] The Treasury Department’s Office of Foreign Assets Control (OFAC) enforces economic sanctions against designated countries and entities.[1] Together, these agencies maintain screening lists of restricted parties and regulated items to ensure compliance.[3]

Understanding Controlled Items

Different categories of goods face different control levels.[2] Many exports require government licenses before they can legally leave the country.[4] The BIS licensing process involves submitting applications that are reviewed on a case-by-case basis to determine whether the export poses an unacceptable risk.[4]

Compliance and Enforcement

Before completing any transaction, exporters must verify that their customers are not on restricted lists.[3] Violating export control laws carries severe consequences, including substantial civil and criminal penalties, fines, and imprisonment.[5] U.S. Customs and Border Protection, the Department of Commerce, and other agencies actively investigate violations through licensing checks, pre-shipment verifications, and post-shipment audits.[4]