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Sanctions and export controls are specialized areas of United States law that regulate the cross-border transfer of goods, technology, software, and services. They also address trade and business activities related to certain countries, entities, and individuals identified by U.S. government authorities. For individuals and businesses in Tampa, compliance with these laws is important, especially given the city’s busy ports, international commerce, and growing technology sector. Violations can result in significant civil and criminal penalties, so understanding the fundamentals of sanctions and export controls law is essential.
There are many situations in which you may need legal assistance related to sanctions and export controls, including:
A knowledgeable lawyer can help you navigate complex regulations, avoid costly mistakes, and respond effectively to regulatory challenges.
While sanctions and export controls are primarily governed by federal laws, Tampa businesses and residents still face unique local considerations. Key federal regulations include the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and regulations administered by the Office of Foreign Assets Control (OFAC). Florida ports, international shipping companies, and technology firms operating in Tampa must pay special attention to these regulations, as noncompliance can impact their licensure and business operations at the state and local level. Furthermore, Tampa’s location as a gateway to Latin America, the Caribbean, and beyond places extra importance on understanding applicable restrictions and screening requirements before engaging in cross-border transactions.
Sanctions are government-imposed restrictions on trade and financial transactions with designated countries, entities, or individuals. Export controls restrict the transfer of certain goods, technology, or software for reasons related to national security, foreign policy, or trade protection.
Several federal agencies take the lead, primarily the Department of Commerce (Bureau of Industry and Security), the Department of State (Directorate of Defense Trade Controls), and the Department of the Treasury (Office of Foreign Assets Control). Local customs officials also play an enforcement role.
Absolutely. Even small businesses must comply if they export products, software, or technology, or if they engage in activities involving sanctioned parties or countries.
The EAR governs the export of dual-use items, commercial goods that could have military applications. The ITAR regulates defense articles and services. Which regulation applies depends on the nature of the item or service.
The Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions. Tampa businesses cannot conduct transactions with persons or entities on OFAC’s Specially Designated Nationals list without proper authorization.
There are strict sanctions on countries like Cuba and Iran. Exporting most goods or services to these destinations without a specific license is generally prohibited.
Violations can result in significant civil fines, criminal penalties, and loss of business privileges. Penalties often depend on the seriousness and intent behind the violation.
Classify your product, software, or technology, and review the applicable federal regulations. A lawyer can help assess licensing requirements and apply to the appropriate authorities if necessary.
Yes, exporters are required to keep certain records related to export transactions and compliance. The type and duration of recordkeeping depend on the applicable regulation.
A lawyer can help assess risk, develop compliance procedures, provide training, respond to government inquiries, and represent clients if there is an investigation or enforcement action.
Individuals and businesses in Tampa seeking further information or guidance may find these resources helpful:
Consulting these organizations or reviewing their materials is a helpful first step in understanding your obligations and available support.
If you believe you may have an export controls or sanctions issue, it is important to act promptly to minimize potential risk. Start by gathering all relevant information about your transaction, product, or service. Consider reaching out to a qualified Tampa lawyer specializing in sanctions and export controls law. An attorney will review your specific situation, advise on compliance requirements, assist with obtaining licenses if necessary, and help develop a compliance program for your organization. Early legal consultation can prevent costly mistakes and provide peace of mind as you navigate these complex regulations.
