US Export Controls for National and EU Companies

US (re-)export control law claims a so-called extraterritorial application. This means that exports that take place outside the USA can also be subject to US export control regulations. This my be the case, for example when goods of US origin or goods with US components are exported, a US person is involved in the export or when certain customers and countries are supplied, against which the US has imposed a trade embargo. US export controls, therefore, affect EU and third-country companies.

The US administration's sanctions for violating US (re-)export control laws can be severe. In particular, it should be noted that the US authorities can place a company on a sanctions list, with the result that other companies are no longer allowed to do business with this listed company. The practical consequence of this measure is that the company will be cut off from trading with the US market.

It is essential that EU and third-country companies are aware of US export control requirements and integrate them into their export compliance processes.