The government is significantly stepping up its enforcement of export laws and regulations. Consider the following:

  • Fines for unintentional export violations have gone from $11,000 per violation in 2005 to $50,000 per violation in 2006 to the greater of $250,000 per violation or twice the value of the export transaction in 2007. Congress is currently reviewing proposed legislation that will further increase the fine for unintentional violations to $500,000.
  • Fines for intentional export violations have increased from $50,000 per violation to $1 million per violation.
  • The government recently has become much more aggressive in detecting and prosecuting export control violations, including hiring additional field agents and investigators.
  • Law enforcement and intelligence agencies have joined in a multi-agency task force to attack the export of restricted technology to foreign nations and terrorist organizations.
  • The Department of Justice has appointed an “export czar” to coordinate export regulatory enforcement among several federal agencies.

  • Businesses engaged in international transactions have no choice: They must focus on complying with these export regulations. The government’s exceptionally coordinated and highly aggressive campaign to detect and prosecute export control violations has already led to a surge in export control prosecutions. More prosecutions are inevitable.

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