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Sanctions and export controls law governs the movement of goods, technology, services, and funds across national borders from New Jersey and the broader United States. These laws are designed to protect national security, promote foreign policy interests, and enforce international obligations. Federal agencies such as the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry and Security (BIS), and the Department of State oversee and enforce these regulations. While the core legal framework is federal, New Jersey-based individuals and businesses must comply with these regulations whenever selling, shipping, or transmitting goods or services internationally. Non-compliance can lead to substantial civil and criminal penalties.
Many situations can necessitate legal guidance in the area of sanctions and export controls. If your business exports goods or shares technology overseas, seeks to engage with companies or individuals in sanctioned countries, or receives a notice of investigation from a federal agency, you may need a lawyer. Legal assistance can also be crucial if you are unsure whether your products or transactions are subject to export control laws or listed on the Commerce Control List, or you need to apply for a license or exception. Lawyers can help train your staff, develop compliance programs, respond to government inquiries, and represent you if enforcement actions are taken. Even unintentional violations can result in serious penalties, making expert legal counsel invaluable.
In New Jersey, sanctions and export controls are primarily governed by federal law, including the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and various executive orders related to sanctions. The State of New Jersey does not implement separate export control laws but does complement federal efforts via state economic development authorities and support of compliance with applicable federal restrictions. Businesses operating in sectors like technology, chemicals, pharmaceuticals, and advanced manufacturing in New Jersey should pay particular attention, as these industries often intersect with export controls and sanctions. All companies operating within New Jersey must ensure their operations do not inadvertently violate federal restrictions, which apply regardless of business size and can impact both exports and re-exports from the United States.
Sanctions restrict activities with certain countries, entities, or individuals to achieve political or security objectives. Export controls regulate the export, transfer, and sharing of sensitive goods, software, and technologies.
The OFAC, BIS, and Department of State are the primary agencies enforcing sanctions and export controls that apply to New Jersey businesses and individuals.
Almost all export control and sanctions law comes from the federal level, though New Jersey state officials support compliance and enforcement when requested by federal agencies.
Any individual or business in New Jersey that sells, ships, shares, or otherwise transfers goods, software, technologies, or services to foreign persons or countries must comply with applicable export controls and sanctions.
Violators can face substantial civil fines, criminal penalties including imprisonment, revocation of export privileges, and loss of government contracts.
These are government-published lists of individuals, companies, or countries that U.S. persons and businesses are restricted or prohibited from doing business with.
You should seek legal advice immediately, as your responses may impact your liability and your ability to resolve the issue favorably.
Potentially yes, especially if they work with dual-use technologies, encryption, advanced semiconductors, or anything related to defense or national security interests.
Generally no. There are strict prohibitions on most exports to embargoed countries, and exceptions are rare and require specific license approval from federal agencies.
Develop a robust compliance program, regularly consult compliance professionals or legal counsel, stay up to date with government lists, and train relevant staff on export compliance.
Key resources for sanctions and export controls include:
If you believe your activities may be subject to sanctions or export controls, start by identifying your products and end-users, checking current government lists and restrictions, and documenting all international activities. Consult with a New Jersey-based attorney or compliance specialist who practices in this area of law. They can help evaluate your risk, interpret the applicable laws, assist with license applications, and guide you through any potential investigation. Taking proactive steps to ensure compliance remains your best defense against costly enforcement actions.
