Denied Parties; Export Administration Regulations

Any person or company exporting goods from the United States is required to screen orders and customers against the latest list of specific persons,companies or organizations that have been denied the right to U.S. exports by the federal government. Screening by a U.S. based exporter can and should take place at any time - before an order is taken, after an order is received or during fulfillment before an order is shipped.  The Denied Persons List is a list of individuals and companiesthat have been denied the right or opportunity to purchase U.S. exports by the Department of Commerce.  An American company or individual may not participate in any export transaction with an individual or company on the Denied Persons List.

Failure to comply with the U.S. Government's Export Administration Regulations can result in fines, jail sentences, and limitation or revocation of export privileges. A Denied Person is soneone who as been denied the privalege of exporting by the U.S. government. 

Knowing that your company is in violation of any of the U.S. government's laws and regulations relating to exporting is an issue that should be discussed with an attorney, and preferably not your company counsel.  Discussing or devising a means to circumvent export regulations or discussing ways in which a government investigation can be delayed or hampered may constitute a conspiracy.  Caution is warranted as is a discussion with an attorney about your rights and/or your options.

U.S. based companies that export have an important role to play in preventing exports considered to be contrary to the national security and foreign policy interests of the United States. Exporters are not required to implement any specific export management system in order to comply with U.S. export control lawsbut exporting companies should have in place some process or system to ensure compliance with all federal laws and regulations controlling exports.

Edited by Michael C. Dennis