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Is Your Company Subject to Federal Export Laws and Regulations?

Is Your Company Subject to Federal Export Laws and Regulations?

If you own a small business or large corporation, it’s easy to want to ship your products internationally. The internet has made it easy to sell to everyone all over the globe. But what you might not realize is that businesses need to comply with federal regulations when they export items. How do you know if your company has to meet compliance regulations? Which regulations should you be following?

This is a basic rundown of everything to know before you begin exporting your products.

Trillions of dollars per year are funneled into the export industry. The United States exported more than two trillion dollars in products to international companies in 2018. There are several US corporations that export millions upon millions of dollars in goods every year. But small businesses also contribute to the total export value of the country.

Large corporations tend to have vast legal teams and strong compliance procedures in place. But smaller businesses might not have these resources. In fact, small business owners might not know anything about federal export regulations. This especially goes for hobbyists, artists, and other people without a strong background in business leadership.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Many people assume that their company won’t need to comply with regulations. But you’d be surprised. More companies need to comply with export regulations than you’d think. With that said, it is true that there are some companies that can ship products internationally without being considered a global exporter.

How Is Exporting Defined?

Federal law has very specific definitions of “exporting.” Whenever an item is physically shipped outside of the United States border, this is considered an export. In addition, whenever a digital, written, or oral file is transmitted to a client in an international country, this is also considered an export. Even if no actual product crossed the border, the transfer of files across the electronic borders counts.

This can include tangible things like gas, oil, and books. It can also include intangible things like music, programming, software code, e-books, and other intellectual property.

Companies can export products internationally in several ways.

The first is to ship a product to someone in another country. Usually this involves the use of a third-party mail service. People may use the USPS international shipping capabilities, or they may use mail carriers like UPS and FedEx.

The second is to carry the product physically across the border. If a company has its employee travel to the country and bring the merchandise with them, they may need to comply with certain regulations. It’s important to note that carrying electronics with you may have implications for export control laws, even if you don’t intend to sell them while out of the country.

The third is to transfer or transmit data to an international country. This is done through file sharing, email, fax, phone, and other network-based means. The transfer of data may be required to have federal oversight.

The fourth is to re-export an exported product. This means that after you send a product or file to a recipient in another country, they send it to someone in yet another country. You are required by law to follow the product to its final destination after the first recipient receives it.

Exports can be extremely varied in their circumstances. This makes export law complicated. Depending on the parties and products involved, any of these actions might be required to comply with federal regulations:

  • Shipping your product to another country
  • Shipping supplies, materials, and plans to another country
  • Giving at least one individual in a foreign country access to intellectual property, software code, or other information
  • Transmitting company proposals or sending marketing information to foreign recipients
  • Doing collaborations with employees in other countries or business partners in other countries
  • Traveling with business-related supplies, even if you have no intention of selling them
  • Providing foreign nationals with any kind of “defense” service

Not every export needs to be pre-approved by the US government. But basically every export needs to comply with certain laws. It’s important to talk to an attorney about how to make sure your business is compliant with the relevant export regulations.

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