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Browse our 6 legal articles about Sanctions & Export Controls in United States with practical legal information.
Sanctions and export-control law governs dealings with restricted countries, entities, and individuals, as well as exports of certain goods, software, and technology. The rules are federal, but they can affect Tennessee companies that manufacture, distribute, finance, or ship products from the state.
Tennessee’s automotive, aerospace, defense, chemical, and logistics businesses may need to screen customers and intermediaries, classify products, and assess whether a license is required. Memphis’s major air-cargo operations and Tennessee’s river and highway freight routes can also make shipping records, routing, and end-user checks important.
The U.S. Department of the Treasury’s Office of Foreign Assets Control administers economic sanctions. The Commerce Department’s Bureau of Industry and Security administers most controls on commercial and dual-use items, while the State Department’s Directorate of Defense Trade Controls oversees defense articles and services.
There is no separate Tennessee export-control permit that replaces federal requirements. A lawyer can help identify the applicable rules, build practical compliance procedures, respond to government inquiries, or assess a proposed transaction before it proceeds.
Your Tennessee manufacturer is preparing to sell equipment, software, or technical data abroad, and you need to determine its classification, destination, end use, or licensing requirements.
A customer, distributor, freight forwarder, or bank appears on a restricted-party list, or a proposed transaction involves a country subject to U.S. sanctions.
Your company supplies parts or technical services to a defense contractor and needs to assess registration, export authorization, or controls on access to technical data.
A Memphis-area shipper or logistics provider discovers that cargo documentation, routing, or the stated end user may be inconsistent with the transaction.
Your business receives a subpoena, government inquiry, customs hold, or notice of a possible export or sanctions violation.
An employee reports an unlicensed shipment, improper access to controlled technology, or a screening failure, and the company needs to investigate and consider disclosure options.
These are federal authorities, not Tennessee-specific licensing laws. They apply to covered conduct in Tennessee as they do elsewhere in the United States.
International Emergency Economic Powers Act (IEEPA): Enacted in 1977, IEEPA authorizes many U.S. economic sanctions programs. OFAC implements program-specific restrictions through regulations and other measures, so the applicable rules depend on the parties and transaction.
Export Control Reform Act of 2018 (ECRA): Enacted on August 13, 2018, ECRA provides statutory authority for U.S. dual-use export controls administered by the Bureau of Industry and Security.
Export Administration Regulations (EAR): Found at 15 C.F.R. Parts 730-774, the EAR govern many commercial and dual-use exports, reexports, and transfers. Classification, destination, end use, and end user can affect whether a license or other restriction applies.
Yes, when a transaction or item falls within the relevant federal rules. A company’s size or location in Tennessee does not by itself create an exemption.
Federal agencies issue the principal export licenses and administer U.S. sanctions requirements. Tennessee may have separate rules for other business matters, but a state approval does not substitute for a required federal authorization.
Seek advice before shipping, sharing controlled technology, or proceeding with a transaction that raises a sanctions or licensing concern. Prompt advice is also useful after discovering a possible violation or receiving a government inquiry.
The analysis may require identifying the item’s classification, destination, end user, and intended use. A lawyer can help assess the relevant federal rules and whether a license, exception, or other authorization may be available.
Not necessarily. Country-based restrictions, end-use controls, ownership concerns, and other transaction details may still prohibit or restrict a sale.
There is no single processing time for every application. Timing depends on the agency, the item, destination, end user, and completeness of the supporting information.
Fees depend on the work, such as a focused transaction review, a classification project, or a government investigation. Ask for the billing method, scope, likely additional costs, and any government fees in a written engagement agreement.
Yes. Counsel can help preserve records, investigate what happened, assess reporting duties, and communicate with the relevant agency when appropriate. A prompt review is important, but disclosure does not guarantee a particular outcome.
Disclosure procedures vary by agency and type of issue. A lawyer can assess whether disclosure is appropriate, which agency may be involved, and what facts and records should be gathered.
Sanctions screening checks parties and certain transactions against restrictions. Export classification identifies how an item is treated under applicable controls; both reviews may be needed for one shipment.
Look for counsel who regularly handles the relevant agency rules and the type of product or transaction involved. Ask who will perform the work, whether the lawyer has handled comparable matters, and how conflicts and communications will be managed.
U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC): Publishes sanctions regulations, program guidance, restricted-party search tools, and information on licensing and reporting.
U.S. Department of Commerce, Bureau of Industry and Security (BIS): Provides the Export Administration Regulations, export-control guidance, licensing information, and classification resources for items within its jurisdiction.
U.S. Department of State, Directorate of Defense Trade Controls (DDTC): Administers controls on defense articles and services under the International Traffic in Arms Regulations and provides related registration and licensing information.
Define the issue. Identify whether you need transaction advice, product classification, a compliance review, a license application, or help responding to an inquiry. Do this before authorizing a shipment or transfer when possible.
Gather key records. Collect product descriptions, technical specifications, destination and end-user details, contracts, shipping documents, screening results, and any agency correspondence. Preserve relevant emails and records if a violation is suspected.
Search for relevant experience. Seek lawyers serving Tennessee clients who handle U.S. sanctions, the EAR, or the International Traffic in Arms Regulations, as applicable to your matter.
Arrange initial consultations. Contact two or three candidates within a few business days if the matter is not urgent. For a shipment hold, agency deadline, or ongoing transaction risk, request an expedited consultation.
Ask about the proposed approach. Discuss the applicable agencies, key legal questions, likely documents, immediate risk controls, and who will communicate with regulators or business partners.
Compare written fee terms. Request a written scope, hourly rates or flat-fee terms, expected expenses, and the process for approving additional work before hiring.
Confirm engagement and deadlines. Sign the engagement agreement, provide requested records securely, and calendar license, contract, or agency deadlines. Follow counsel’s guidance before shipping or sharing potentially controlled items or technology.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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