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Sanctions and export controls law refers to a set of United States federal regulations that govern the conduct of individuals, businesses, and organizations when trading goods, services, technology, or currencies with foreign countries and designated entities. This body of law is intended to protect national security, implement foreign policy, and support international obligations of the United States. In Madison, Wisconsin, as elsewhere in the country, individuals and businesses must comply with federal sanctions and export control regulations, which are enforced by entities such as the Office of Foreign Assets Control (OFAC), the Bureau of Industry and Security (BIS), and other governmental agencies.
Navigating sanctions and export controls is complex due to the overlapping layers of federal regulations, evolving government lists, and the potential for significant civil and criminal penalties. Common situations where legal help is often required include:
An experienced sanctions and export controls lawyer can help interpret regulations, communicate with federal enforcement agencies, and develop sound compliance programs to avoid costly mistakes.
While sanctions and export controls are governed predominantly at the federal level, Madison-based companies and individuals must be aware of how these regulations interact with state and local business practices. Wisconsin does not have independent sanction or export control laws, but local enforcement or business customs can play a role in risk management. Companies in Madison engaged in manufacturing, biotechnology, information technology, or academic research should be especially attentive to compliance procedures.
Key aspects to consider include:
Sanctions are restrictions imposed by the government on trade, transactions, or interactions with foreign countries, entities, or individuals usually for foreign policy or national security reasons. Export controls are regulations designed to oversee and potentially restrict the transfer, shipment, or sharing of certain goods, technology, and software to other countries.
Sanctions are primarily administered and enforced by the Office of Foreign Assets Control (OFAC) within the U.S. Department of the Treasury. Export controls are primarily overseen by the Bureau of Industry and Security (BIS), Department of Commerce, and the Directorate of Defense Trade Controls (DDTC), Department of State. Other agencies may also play roles depending on the item or activity.
All U.S. persons, including citizens, permanent residents, companies, and even organizations operating in Madison must comply with these regulations, regardless of the location of their international business partners or clients.
The SDN list, published by OFAC, contains names of individuals, groups, and entities with whom U.S. persons may not generally conduct business. It is essential for local businesses to check this list before entering into transactions involving foreign parties.
An export is not limited to sending physical goods abroad. It can also include transmitting software, technology, or information to a foreign national within the United States, such as via email or in-person discussions.
You must determine if your product or technology is listed on the Commerce Control List (CCL), the U.S. Munitions List (USML), or is subject to other federal regulations. Many businesses work with legal counsel to classify their items accurately.
Violations of sanctions or export control laws can result in substantial fines, loss of export privileges, imprisonment, and reputational damage. Penalties can be imposed even for unintentional or inadvertent violations.
Yes. Academic research, collaboration with foreign nationals, and technology transfers may trigger export control requirements. Universities in Madison, such as the University of Wisconsin, must implement robust compliance programs to ensure adherence to federal law.
Yes. You can usually apply for an export license from the appropriate federal agency if your goods, software, or technology are controlled. A legal advisor can assist you in determining if a license is needed and in preparing the necessary application.
Immediately seek legal counsel. Voluntary self-disclosure may sometimes mitigate penalties, but it should be done with professional legal guidance to best protect your rights and interests.
These agencies and organizations provide helpful information, guidance documents, and contact points for compliance support.
If you need legal assistance with sanctions and export controls in Madison, begin by documenting all relevant activities and reviewing your business’s existing compliance practices. Contact a local attorney who focuses on export controls and sanctions law to schedule a consultation. Bring any correspondence from government agencies, copies of relevant policies, and a summary of your export or international activities to your first meeting. It is crucial to act promptly, especially if you suspect a potential violation or have received a government inquiry. With knowledgeable legal guidance, you can reduce risks, develop stronger compliance programs, and protect your organization’s interests as you engage in global business.
