This blog post was drafted with assistance from Sean C. Church, Paralegal
On August 14, 2024, the Department of Commerce's Bureau of Industry and Security (BIS) issued two new resources for academic institutions to help them navigate and comply with export controls. These come in the form of a compliance note on voluntary-self disclosure trends and a compendium of other compliance resources.
The compliance note includes common conduct by academic institutions that have violated export controls within the last 10 years. The compliance note also provides details on prevention and the remedial actions that occurred from these violations. Such conduct includes:
- The unauthorized export of chemicals
- Unauthorized exports to a party on the Entity List
- Unauthorized releases of EAR-controlled tech to foreign national employees or students
- Improper use of license exception for temporary imports, exports, reexports, and transfers
- Failure to file electronic export information in the Automated Export System
- Failure to maintain accurate export records
The compendium provided by BIS is a guide to the tools of export compliance, including informational and vetting resources, BIS-specific resources, and examples of recent enforcement actions.
These resources and guidance materials serve as examples for the academic community on the "dos and don'ts" in regard to export controls. The conduct listed above demonstrates the various risks that colleges and universities face without updated and reviewed internal policies. Many academic institutions use a very similar, yet potentially outdated, export control policy statement on their website. Without periodically reviewing the policy statement and underlying procedures, institutions could have unintended violations with steep penalties. As export rules are constantly developing, we recommend regular reviews and updates.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.