Best Sanctions & Export Controls Lawyers in American Samoa

About Sanctions & Export Controls Law in American Samoa

Sanctions and export controls law governs the movement of goods, services, technology, and money across international borders. In American Samoa, although the territory has its own local government, it is also subject to United States federal law, including all applicable sanctions and export controls. These laws are designed to protect national security, support foreign policy objectives, and prevent the proliferation of weapons and other restricted items. American Samoa businesses and individuals must comply with both federal regulations as well as relevant local administrative requirements.

Why You May Need a Lawyer

Sanctions and export controls law is highly technical and constantly evolving. You may encounter situations requiring legal guidance, such as:

• Wanting to export goods from American Samoa to other countries, especially countries under US sanctions.
• Importing goods or technology that could be subject to federal restrictions.
• Receiving funds or conducting business with international individuals or entities.
• Accidentally violating export control laws or regulations.
• Facing government investigations or enforcement actions regarding your exports or imports.
• Needing to navigate licensing or compliance procedures for controlled items, including dual-use goods or military equipment.
• Seeking guidance on screening customers, vendors, or transactions for compliance risks.
• Understanding your obligations as a business owner operating internationally or in regulated industries, like shipping or telecommunications.
• Responding to requests for information or subpoenas from government agencies.
• Managing compliance training and policy development for employees in American Samoa.

Local Laws Overview

American Samoa is an unincorporated territory of the United States and does not have a separate regime for sanctions or export controls. Federal agencies such as the Office of Foreign Assets Control (OFAC), Bureau of Industry and Security (BIS), and the Department of State’s Directorate of Defense Trade Controls (DDTC) administer and enforce these laws in the territory.

Any individual or business in American Samoa must comply with US restrictions related to:

• Prohibited destinations and entities under US sanctions programs
• Export and re-export licensing requirements for sensitive technologies and products
• Anti-boycott regulations
• Penalties for non-compliance, ranging from civil fines to criminal prosecution
• Record-keeping and reporting obligations

Frequently Asked Questions

What are sanctions and export controls?

Sanctions are restrictions imposed by governments on specific countries, groups, or individuals, often to achieve foreign policy or national security goals. Export controls are regulations that restrict the shipment of certain goods, technologies, or services to other countries or entities.

Do US federal sanctions laws apply in American Samoa?

Yes, American Samoa is subject to US federal law, including all sanctions and export control regulations issued by the relevant federal agencies.

Can goods be shipped from American Samoa to countries under US sanctions?

Exporting from American Samoa to sanctioned countries is subject to the same federal restrictions as mainland US. You must verify whether your shipment is legal and if a license is needed.

What agencies oversee sanctions and export controls compliance in American Samoa?

Agencies include the Office of Foreign Assets Control (OFAC), Bureau of Industry and Security (BIS), and the Directorate of Defense Trade Controls (DDTC). Local customs may coordinate with these agencies.

Are there local export control or sanction laws separate from US federal regulations?

No, American Samoa does not have independent export control or sanction regimes. All regulations are derived from federal authorities.

What are the penalties for violating export control or sanctions laws?

Penalties can include civil fines, criminal charges, loss of export privileges, and reputational harm. Severity depends on the offense and intent.

Do I need a license to export technology from American Samoa?

It depends on the item and destination. Some items require a federal export license. Consulting a lawyer or compliance specialist is strongly recommended.

What should I do if I accidentally violate sanctions or export controls?

Seek legal counsel immediately. Self-disclosure to authorities and prompt action may mitigate penalties, but you need professional guidance.

Are there restrictions on transferring money internationally from American Samoa?

Yes, especially if funds are sent to or received from sanctioned individuals, countries, or entities. Financial transactions are closely monitored under federal law.

How do I ensure my business is compliant with sanctions and export controls?

Implement internal policies, regularly screen transactions and partners, maintain accurate records, provide staff training, and consult with legal advisers or compliance specialists as needed.

Additional Resources

For more information and assistance, you may consult:

• Office of Foreign Assets Control (OFAC) for sanctions programs
• Bureau of Industry and Security (BIS) for export control regulations and licensing
• U.S. Department of State, Directorate of Defense Trade Controls (DDTC) for defense-related exports
• American Samoa Department of Legal Affairs for general legal information
• U.S. Customs and Border Protection (CBP) for guidance on shipments and entry/exit requirements
• Professional legal associations or local bar for references to experienced lawyers in international trade law

Next Steps

If you need legal assistance with sanctions or export controls in American Samoa:

• Gather all relevant documents and information related to your exports, imports, or transactions.
• Document any communications with customers, vendors, or government agencies regarding the transaction or issue in question.
• Identify whether any deadlines or urgent compliance issues apply.
• Contact a lawyer or law firm experienced in sanctions and export controls law, with knowledge of federal regulations as applied in American Samoa.
• Ask your lawyer about compliance assessments, licensing needs, and possible corrective measures if a violation occurred.
• Consider establishing or updating your business compliance program with professional assistance.