In today’s marketplace, potential customers and markets for software and technology products span the globe.  The United States government administers multiple export control programs intended to monitor and regulate the transfer of technology, goods, services, software, and information to foreign destinations and even foreign nationals in the United States.  These export controls make the global marketplace a confusing and treacherous arena to navigate with severe civil and criminal penalties for violations.  Furthermore, a litany of federal agencies including the Department of Commerce’s Bureau of Export Administration, the State Department’s Office of Defense Trade Controls, and the Department of Treasury’s Office of Foreign Assets Control each have its own regulations and requirements.

An export is any item that is sent from the United States to a foreign destination including commodities, software, or technology.  For example, clothing, building materials, circuit boards, automotive parts, blue prints, design plans, software packages, and technical information.  Furthermore, how the item is exported makes no difference.  Items can be exported via traditional mail, e-mail, facsimile, downloaded form the Internet, or even via a telephone conversation.  It is also considering exporting an item if it is leaving the country only temporarily or even if it is going to a wholly-owned United States subsidiary in a foreign country. An item that originated in a foreign country but was transmitted or transhipped through the United States, or being returned from the United States to its origin country is considered an export. Even the release of technology or source code to a foreign national in the United States can be "deemed" to be an export to the home country of the foreign national.

Considering the broad definitions of items and exportation, one can quickly realize the need for competent representation prior to conducting almost any transfer!  HulseyIP has the expertise and experience to assist clients in identifying items and transfers that are subject to United States export controls, classifying the items, evaluating whether an export license is required under the particular circumstances of the transfer, securing the export license, and continuing to monitor and counsel clients on export control compliance.