Small Business Exporters: Looming Risks

Thursday, 28 February 2019 by

Foreign markets offer the allure of 96% of the world’s consumers. Small businesses are keenly interested in export markets. If you are new to these markets, you should familiarize yourself with the resources provided by the Small Business Administration. For the uninitiated, legal dangers lurk under the surface. We have discussed the general regulatory scheme applicable to export controls. In this article, we discuss some common export mistakes that we see exporters make when they attempt to navigate the export controls regulatory landscape without proper guidance.

Even a small business may have to be concerned about export control rules and regulations. This article covers International Traffic in Arms Regulations (ITAR), which deals with arms export controls. Not many small business owners are exporting weapons as such, but as we discuss in this article, even components that may be used in weapons may fall under the ITAR. ITAR regulates the export, reexport, retransfer, and brokering of ITAR-controlled defense articles (hardware), technical data (technology including software), and defense services. If hardware or technology is subject to the ITAR, their reexport from, or retransfer within, a foreign company is also subject to the ITAR restrictions.

This articles provides an overview of export control laws for the small business. If your small business is selling weapons to foreign governments, you probably should have guessed by now that you need to be concerned about export control laws in the United States. We introduce some of the major export regulations that may affect your business. U.S. companies that export goods from the U.S. can be subject to several requirements under regulations that have been implemented to protect U.S. national security and foreign policy interests. Failing to comply with export laws and regulations can have significant consequences for the business and the owners of the business, including civil or criminal fines, imprisonment, loss of export privileges, and debarment from government contracting. In other words, even a small business owner needs to take these regulations very seriously.

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