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Sanctions and export controls are areas of law that govern how goods, technology, software, and services can be transferred internationally, and with whom United States entities can conduct business. In Seattle, which is a major hub for international trade, technology, and aerospace industries, compliance with these laws is especially important. Both federal and local businesses must adhere to strict regulations that are administered by various federal agencies, including the U.S. Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce Bureau of Industry and Security (BIS), and the U.S. Department of State Directorate of Defense Trade Controls (DDTC). Violations can lead to severe civil and criminal penalties.
Legal issues related to sanctions and export controls can arise in a variety of situations for individuals and organizations in Seattle. Here are some common scenarios where legal assistance may become necessary:
Given the high stakes, complexity, and fast-changing nature of these laws, a lawyer experienced in sanctions and export controls can help prevent violations, minimize risk, and manage interactions with government regulators.
In Seattle, sanctions and export control laws are primarily governed by federal statutes and regulations, because the authority over foreign relations and national security rests with the federal government. However, Seattle's status as a port city and a center for trade, technology, and aerospace means that federal compliance takes on particular local significance.
Key federal laws and regulations relevant to Seattle businesses include the Export Administration Regulations (EAR), administered by the BIS, regulating commercial and dual-use items; the International Traffic in Arms Regulations (ITAR), administered by the DDTC, covering defense articles and services; and sanctions programs administered by OFAC, which restrict transactions with certain countries, persons, and entities.
Washington State laws generally defer to federal export control and sanctions requirements, but local enforcement may be heightened due to the region's global economic ties. City and state authorities often cooperate with federal agencies in investigations of potential violations, especially where aerospace, maritime trade, and technology companies are involved.
Export controls are federal rules limiting the transfer of certain goods, technologies, or services to foreign nationals or countries for reasons of national security, foreign policy, or economic protection. Any business or individual in Seattle that exports items or technology, provides services overseas, or works with foreign nationals must comply with U.S. export control laws.
You may need a license if your product, software, or technology is controlled under the EAR or ITAR, or if you are doing business with embargoed countries or restricted parties. Classification and the "end-use" of your product are key. Consulting with a lawyer or export compliance specialist is recommended to determine licensing requirements.
Sanctions are federal restrictions that prohibit certain transactions with specified countries, companies, or individuals for foreign policy or national security reasons. If your customer, partner, or end-user is on a sanctions list, your Seattle-based business could face penalties for doing business with them, even if the transaction occurs entirely outside the United States.
Yes. Technology and software often contain encryption or dual-use features subject to export control. Even providing cloud services or sharing technology with foreign employees may trigger compliance obligations, requiring classification and possibly a license.
Violations can carry substantial civil and criminal penalties, including heavy fines, loss of export privileges, reputational damage, and even imprisonment. Penalties can be imposed even for unintentional violations, particularly if compliance procedures are lacking.
Yes. Voluntary self-disclosure is recognized by federal agencies and can often lead to reduced penalties. However, disclosures should be carefully prepared with legal counsel to minimize risks and ensure accurate, comprehensive information is provided.
A good compliance program includes regular training tailored to your business and the risks you face. Training should cover relevant laws, internal procedures, red flag identification, and reporting mechanisms. Documentation of all training is critical.
No. While Seattle and Washington State support federal enforcement, the substantive regulations are federal. However, due to the local economy's international nature, city and state authorities may play a role in enforcement cooperation or outreach.
U.S. Customs and Border Protection (CBP) operates actively in Seattle's ports and airports, enforcing export control laws at the border and working with federal agencies to detect, investigate, and penalize violations connected to shipments leaving the area.
You should check all parties against the Specially Designated Nationals (SDN) list maintained by OFAC and other government watch lists before proceeding with business transactions. There are online tools and database services available, and legal counsel can assist in setup and review procedures.
If you need more information or assistance regarding sanctions and export controls in Seattle, these resources can be helpful:
If you believe your Seattle-based business or personal activities may implicate U.S. sanctions or export controls laws, consider taking these steps:
A proactive approach is the best way to prevent costly mistakes and ensure your Seattle business remains in good standing with federal regulators.
