This blog post was written with assistance from Sean C. Church, paralegal.
On August 14, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) released two new resources for academic institutions to help them manage and comply with export controls: a Compliance Advisory on Voluntary Self-Certification Trends and a Compendium of Other Compliance Resources.
The Compliance Notice contains the usual behavior of academic institutions that have violated export controls over the past 10 years. The Compliance Notice also provides details of the prevention and remedial actions taken as a result of these violations. This behavior includes:
- The illicit export of chemicals
- Unauthorized exports to a party on the Entity List
- Unauthorized transfer of EAR-controlled technology to foreign employees or students
- Misuse of the license exception for temporary imports, exports, re-exports and transfers
- Error submitting electronic export information in the Automated Export System
- Failure to keep accurate export records
The compendium provided by BIS is a guide to export compliance tools and includes information and audit resources, BIS-specific resources, and examples of recent enforcement actions.
These resources and guidelines serve as examples for the scientific community on the “Dos and Don’ts regarding export controls. The behavior listed above illustrates the various risks colleges and universities face without updated and reviewed internal policies. Many academic institutions use a very similar, but potentially outdated, export control policy on their website. Without regular review of the policy and underlying procedures, institutions could commit inadvertent violations with heavy penalties. Because export rules are constantly evolving, we recommend regular reviews and updates.
If you need assistance integrating export requirements into the day-to-day operations of an academic institution, please contact our Sanctions and Export Controls Compliance team.
