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ARTICLE · 17 MAY 2023

Commerce Raises Enforcement And Compliance Profile

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On April 18, 2023, the U.S. Department of Commerce ("Commerce")'s Assistant Secretary for Export Enforcement issued a Memorandum...

United StatesInternational Law
A&O Shearman
A&O Shearman
Gabrielle Leeman
Gabrielle Leeman
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On April 18, 2023, the U.S. Department of Commerce ("Commerce")'s Assistant Secretary for Export Enforcement issued a Memorandum titled "Clarifying Our Policy Regarding Voluntary Self-Disclosures and Disclosures Concerning Others" ("Memorandum"). The Memorandum made clear that Commerce will consider a failure to file a voluntary self-disclosure (VSD) as an "aggravating factor" in any penalties imposed for violations of the Export Administration Regulations (EAR). The Memorandum focuses on two types of disclosures: (1) VSDs about parties' own possible violations of the EAR and (2) disclosures about possible violations of the EAR by others.

The Memorandum seeks to incentivize the submission of VSDs by businesses and universities that uncover "significant possible violations of the EAR," particularly the types of violations that could impact national security, and individuals, companies and universities to provide information about others who may be violating the EAR.

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