Overview Edit

Many acts can result in a violation of U.S. export controls. These include:

Transfer of dual-use equipment and technology Edit

Unauthorized acquisition of restricted U.S. dual-use items (having both military and civil applications) by countries or persons that might apply such items in ways that are inimical to U.S. interests. This covers goods and technologies that might be related to the proliferation of weapons of mass destruction and their delivery and those that could bolster the military capability and terrorist activity of certain countries.

The Department of Commerce’s Bureau of Industry and Security (BIS) is responsible for the regulation of exports for national security, foreign policy, and nonproliferation reasons and the enforcement of those regulations. The Federal Bureau of Investigation (FBI) and the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) maintain concurrent jurisdiction to enforce violations of these rules. According to the Code of Federal Regulations,[1] the FBI is to take charge of the counterintelligence aspects of export cases. These organizations coordinate their investigative efforts to ensure that all prosecutorial options are maintained.

Transfer of defense items Edit

Unauthorized export of defense articles, defense services, and related technical data (collectively known as the U.S. Munitions List (ML)). ML items include arms and implements of war. The Department of State’s Directorate of Defense Trade Controls administers the International Traffic in Arms Regulations (ITAR), and ICE enforces violations of the Arms Export Control Act and ITAR. The Department of State maintains a policy of denying exports of items on the ML to proscribed countries.

References Edit

  1. 28 C.F.R. §0.85(d).

Source Edit

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