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Sanctions and export controls are critical areas of law in the United States that regulate the transfer of goods, technology, software, and services across borders. In Mountain View, part of California’s Silicon Valley, many businesses operate in advanced technology sectors and are subject to various U.S. federal export control regulations. These include laws administered and enforced by agencies such as the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS). Sanctions restrict or prohibit transactions with certain countries, entities, or individuals, while export controls govern what products, technology, and data can be sent abroad and to whom.
Legal guidance in sanctions and export controls is essential for companies and individuals engaged in international business, technology transfer, research, or any cross-border communications. Common reasons to seek a lawyer include:
Given the complexity and potential consequences of non-compliance, even minor missteps can result in heavy penalties, criminal charges, or loss of export privileges.
Sanctions and export controls in Mountain View are mainly governed by federal law, but the local technology-focused business environment increases scrutiny and risk. Key laws and regulations include:
It is crucial for local businesses and individuals to implement vigilant compliance programs suited to their specific activities, especially when technology and international markets are involved.
Sanctions are restrictions imposed by governments on certain countries, entities, or individuals. Export controls are laws that regulate the export and sharing of goods, technology, and services for reasons of national security, foreign policy, or trade protection.
Sanctions are primarily enforced by the Office of Foreign Assets Control (OFAC), while export controls are managed by the Bureau of Industry and Security (BIS) and the Directorate of Defense Trade Controls (DDTC).
You must review the Commerce Control List under the EAR or the U.S. Munitions List under ITAR to determine if your item is controlled and requires a specific license for export or transfer.
Violations can result in severe civil and criminal penalties, including hefty fines, loss of export privileges, and even imprisonment.
Yes, there are license exceptions and specific licenses that may permit otherwise restricted transactions. The process requires careful application and documentation to the relevant agency.
Yes, regular screening against agency-maintained lists such as the Specially Designated Nationals (SDN) List is a fundamental compliance step for all businesses involved in international trade.
Transferring controlled technical data or software to foreign persons, even within the United States or via email or cloud storage, can qualify as a “deemed export” and requires compliance with export control laws.
California generally defers to federal export control laws but does enforce some state-specific technology and privacy laws that may impact your compliance obligations, especially regarding sensitive or proprietary information.
Contact a lawyer experienced in sanctions and export controls immediately to guide your response and protect your interests.
Absolutely. All companies, regardless of size, must comply with sanctions and export controls, especially those dealing with technology, software, or international markets.
Several organizations and resources offer guidance and regulatory information on sanctions and export controls:
If you are concerned about compliance with sanctions and export controls, or have received a government inquiry, the following steps are advisable:
Legal advice is critical when interpreting complex regulatory requirements. Taking early action can help prevent costly penalties and protect your business interests.
