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ARTICLE · 31 JULY 2019

Freight Forwarders And The EAR

Historically, the U.S. Government has pursued civil and criminal actions against exporters for violating the Export Administration Regulations ("EAR") and International Traffic in Arms Regulations.

United StatesInternational Law

Historically, the U.S. Government has pursued civil and criminal actions against exporters for violating the Export Administration Regulations ("EAR") and International Traffic in Arms Regulations ("ITAR"), which govern exports of sensitive products and technologies from the U.S. All parties to an export transaction, including freight forwarders, are subject to the same rules, and as such must be cognizant of their requirements including destination controls, license exceptions or exemptions, and export classifications and licensing. 

That may be changing. FedEx Corporation ("FedEx") has openly challenged the Bureau of Industry and Security's ("BIS") jurisdiction to enforce the EAR with respect to actions taken by freight forwarders.

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