Recent Developments in Enforcement of U.S. Export Controls and Sanctions Laws

Over the past few months, the agencies responsible for criminal and civil enforcement of U.S. export control and economic sanctions laws have implemented a number of important changes in their enforcement practices. In October 2016, the U.S. Department of Justice (“DOJ”), National Security Division (“NSD”) published guidance on voluntary self-disclosures of criminal export control and sanctions violations. In June 2016, the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) updated its guidance on charging and penalty determinations for civil violations of export control regulations. And effective August 2016 and January 2017, the agencies responsible for civil enforcement of export control and sanctions regulations increased the maximum civil penalties for violations of those regulations. Each of these recent updates is discussed in more detail below.