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Sanctions and export controls are critical aspects of United States and international law designed to regulate the movement of certain goods, technologies, and services across borders for reasons such as national security, foreign policy, and trade regulation. In Washington, these laws have special importance due to the state's significant international trade activity, including major seaports, high technology industries, and aerospace companies. Entities and individuals in Washington must comply not just with federal regulations, but also with local laws that add additional oversight and procedures related to export compliance and sanction regimes.
Navigating sanctions and export controls can be complex. Legal counsel is often necessary in several scenarios, such as:
Failure to comply with sanctions or export controls can lead to severe penalties, including fines, loss of export privileges, and even criminal charges. Engaging a lawyer with experience in this field can help minimize risk and ensure compliance.
In Washington, the key aspects of sanctions and export control laws include close adherence to federal requirements, primarily governed by agencies such as the U.S. Department of Commerce's Bureau of Industry and Security (BIS), the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), and the U.S. Department of State's Directorate of Defense Trade Controls (DDTC).
Washington companies must ensure they do not export controlled items, including dual-use goods and defense articles, or engage in transactions with persons or organizations on denied, debarred, or blocked lists. The Port of Seattle and Port of Tacoma, as major international gateways, are subject to strict customs and export compliance oversight. Local enforcement may involve collaboration with U.S. Customs and Border Protection (CBP) and the Washington State Department of Commerce.
Industries particularly affected by these laws in Washington include aerospace, software and technology, chemicals, biotech, and shipping. Businesses in these sectors should stay up to date with developing laws and regulatory changes, including state-level initiatives concerning cybersecurity, technology transfer, and supply chain security that intersect with federal export controls frameworks.
Sanctions are restrictions imposed by governments to limit activities with specific countries, entities, or individuals for security or foreign policy reasons. Export controls are laws that regulate the shipment, transmission, or transfer of sensitive goods, technology, or information to foreign countries or nationals.
Primary federal agencies include the Bureau of Industry and Security (BIS), Office of Foreign Assets Control (OFAC), and Directorate of Defense Trade Controls (DDTC).
Yes, all businesses, regardless of size, must comply with export controls and sanctions laws if they export, re-export, or transfer controlled goods or technology.
Controlled items may include advanced technologies, encryption software, chemicals, defense articles, and even certain commercial goods with possible military applications.
You are required to perform screening against various U.S. government lists, such as the Specially Designated Nationals (SDN) List, Denied Persons List, and Entity List. Many companies use compliance software or check the relevant government websites directly.
While many restrictions may be fewer for exports to Canada and some allied countries, compliance with all relevant rules is still required. Certain items and technologies still need licenses regardless of the destination.
Violations can result in significant fines, imprisonment, civil penalties, loss of export privileges, and reputational damage.
Contact an experienced attorney immediately. It may be advisable to voluntarily disclose the violation to the authorities, which can sometimes reduce penalties.
A lawyer helps by evaluating your risks, advising on regulations, assisting with licensing, internal compliance training, audit preparation, and, if necessary, representing you in enforcement proceedings.
Yes, the Washington State Department of Commerce and local trade associations offer training and support to ensure local businesses understand state and federal export rules that might apply to their operations.
Here are some helpful resources and organizations for individuals and businesses in Washington seeking guidance on sanctions and export controls:
If you believe you need legal assistance with sanctions and export controls in Washington, consider the following steps:
Taking proactive steps with the guidance of an experienced attorney ensures your business remains compliant and protected from legal and financial risks related to sanctions and export controls.
