If you discover an export violation, you are strongly encouraged to submit a voluntary self-disclosure to either BIS or DDTC. The disclosure should include details of the violation, the reason the violation occurred (misclassification, employee error etc.) and corrective action taken to ensure the violation does not happen again.
If you suspect that a violation may have occurred, you should immediately file an initial voluntary self-disclosure stating that a violation may have occurred and that you are investigating. If you discover that no violation occurred, a final report must be submitted declaring that, after investigation, no violation occurred. If you discover that a violation has occurred, a final disclosure must be filed.
In the vast majority of cases where a voluntary disclosure is filed, no further action is taken and no monetary penalties are assessed. If action is taken, it typically involves requirements on implementation of Export Policies and Procedures and a Technology Control Plan, or other internal steps that are required to prevent future violations.
Should you require assistance in submitting a voluntary self-disclosure or investigating a possible violation, please contact our office.
This Blog is made available by Wilmarth & Associates for educational purposes as well as to give you general information and a general understanding of export law and compliance, not to provide specific legal advice. This blog is not legal advice and should not be treated as such. You must not rely on this blog as an alternative to legal advice from your attorney or other professional legal services provider. The information provided on this website is presented “as is” without any representations or warranties, express or implied.