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Sanctions and export controls are areas of law that govern how individuals and companies in Atlanta, Georgia, can engage in business and trade with foreign entities. These laws are designed to protect national security, promote foreign policy objectives, and ensure compliance with international agreements. In Atlanta, as in the rest of the United States, sanctions are imposed by the federal government and prohibit or restrict trade with certain countries, organizations, or individuals. Export controls regulate how goods, technologies, and information are transferred to foreign nations or entities. Compliance with these laws is essential for businesses involved in international trade, technology, finance, logistics, and other sectors.
Sanctions and export control laws are complex and violations can result in severe penalties, including heavy fines, loss of export privileges, and even criminal charges. Here are some scenarios where you may require legal assistance:
In these cases, qualified legal counsel can help you understand your obligations, conduct internal audits, apply for necessary licenses, assist in government investigations, and represent your interests in administrative or criminal proceedings.
While sanctions and export controls are governed primarily by federal laws in the United States, companies and individuals in Atlanta must comply with regulations administered by federal agencies. The most relevant federal laws and regulations include:
Additionally, the State of Georgia and the City of Atlanta maintain economic development incentives and regulations that businesses must consider. However, it is the federal regulations that primarily impact export and sanctions compliance for Atlanta residents and companies. Local exporters should pay attention to controlled goods and technologies, end-user and end-use restrictions, and reporting obligations.
Sanctions restrict or ban specific transactions and relationships with targeted countries, individuals, or organizations, typically for foreign policy or national security reasons. Export controls regulate the movement of goods, software, technology, and services out of the United States or to foreign persons, regardless of location, to prevent unauthorized access or use.
Most exports are subject to some level of regulation, although many products can be exported without a license. Whether a license is required depends on the item, the destination country, the end-user, and the intended end-use.
Federal agencies such as the US Department of Commerce Bureau of Industry and Security (BIS), US Department of State Directorate of Defense Trade Controls (DDTC), and OFAC enforce these laws. Local law enforcement may assist with investigations if federal violations occur in Atlanta.
You need to determine the classification of your items under the Commerce Control List (CCL) or the United States Munitions List (USML), review the destination and end-user, and consult with a legal or compliance professional to assess whether a license is needed.
Violations can lead to civil penalties, substantial fines, criminal prosecution, imprisonment, revocation of export privileges, reputational damage, and loss of business opportunities.
Develop and maintain an effective export compliance program, provide employee training, implement screening software, keep accurate records, conduct due diligence, and consult with experienced legal counsel for reviews and updates.
Both individuals and companies can be held liable for violations of export controls and sanctions regulations. Personal responsibility applies to actions that result in unlawful exports or prohibited transactions.
Seek legal counsel immediately. In many cases, a voluntary disclosure to authorities may reduce penalties. A lawyer can guide you through the process of investigation, disclosure, and remediation.
Yes. Transferring controlled technology or information to non-US citizens, even within the United States, is considered a "deemed export" and may require a license depending on the circumstances.
Processing times vary depending on the item, destination, and agency involved. Some licenses are processed in a few weeks while more complex cases can take several months. Planning ahead and consulting legal experts is critical.
Several organizations and government agencies offer guidance and assistance for sanctions and export controls compliance:
If you believe your business or individual activities may be affected by US sanctions or export controls, or if you have received inquiries from government agencies, it is vital to consult with a qualified attorney experienced in this field. Start by gathering all relevant documentation regarding your exports, partners, customers, and products. Reach out to local legal professionals or law firms in Atlanta who specialize in trade compliance, international law, or export regulations. An initial consultation will help you evaluate risks, determine compliance requirements, and establish a plan for addressing any potential concerns. Staying informed and proactive is the most effective way to protect your interests and ensure you operate within the bounds of the law.
