Export Controls in One Page

To reduce all of export control decision-making down to one page.

REQUIRED QUESTIONS TO ANSWER BEFORE ENGAGING IN AN EXPORT TRANSACTION:

(1) What is at issue, i.e., hardware, software, or information ("item"), or a service?
(2) What is the jurisdictional status of the item or service, i.e., is it controlled by the Export Administration Regulations ("EAR") or International Traffic in Arms Regulations ("ITAR")?
(3) What is the classification status of the item or service, i.e., if EAR-controlled, what is its Export Control Classification Number ("ECCN"), or, if ITAR-controlled, what is its U.S. Munitions List ("USML") subcategory number?
(4) Does the applicable ECCN or USML subcategory require a license or other authorization for exports to the country or the foreign persons (even if in the U.S.) at issue? (If EAR, check "Reasons for Control." If ITAR, worldwide.)
(5) If so, are there any exceptions or exemptions in the EAR or ITAR, as applicable, that would allow the item or service to nonetheless be exported without a license?
(6) Regardless of the answers to the foregoing questions, is a General Prohibition applicable to the transaction, i.e., is there a prohibited end-use (e.g., one related to weapons of mass destruction), prohibited end-user (e.g., a Specially Designated National ("SDN")), prohibited destination (e.g., an embargoed country), or knowledge that a violation or other red flag exists in connection with the item or service?
(7) Regardless of the answers to the foregoing questions, are there any applicable licenses, license conditions, or provisos that affect or limit the proposed activity?
(8) Regardless of the answers to the foregoing questions, are there any known U.S. Government concerns or issues, from a policy or other perspective, with respect to the proposed transaction?
(9) Regardless of the answers to the foregoing questions, will all registration, recordkeeping, and document creation requirements be satisfied with respect to the proposed export activity?
(10) Are there related limitations or issues, such as those imposed by contract terms, payment issues (e.g., with letters of credit); intellectual property rights, internal business policies, conflict of interest rules, foreign export and import laws, or hazardous materials or other safety-related regulations?

(Source: Author: Kevin Wolf, Esq., Bryan Cave LLP)