This form is an overview of suggested inquiries for the due diligence team. The due diligence team will determine the risk of potential liability for violations committed by a company based upon the information gathered during these inquiries.
Export Compliance Due Diligence Inquiries
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Multi-State
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US-DD01505
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How to fill out Export Compliance Due Diligence Inquiries?
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FAQ
Export controls are U.S. laws and regulations that regulate and restrict the release of critical technologies, information, and services to foreign nationals, within and outside of the United States, and foreign countries for reasons of foreign policy and national security.
Under U.S. law it is the responsibility of the exporter to classify the item(s) and to determine if an export license is required from any United States Government agency. Please refer to Part 774 (CCL) of the Export Administration Regulations for the Commerce Control List.
For example, if a country puts export restriction on exporting minerals, natural resources, or wood stuff, it could cause market distortion that could also affect the distribution of welfare.When market prices rise due to export restrictions, the exporter gains from this high price of the goods it exports.
Good due diligence will help protect your company from problems, loss, and liability. Learn how to evaluate countries and potential buyers/partners. As your company expands into new markets, it's important to continue your due diligence efforts.
Note that even in the conduct of fundamental research, an export control license may be required if the project involves: an NDA covering the exchange of export-controlled information, access to export-controlled technology, a non-research function (e.g., a service agreement) where there is access to export-controlled
Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care.
It is important for businesses and institutions to have an export compliance system in place to avoid facing hefty fines and potential jail time. A compliance system should include a compliance officer who can develop, enforce and manage all compliance related issues.
Export Compliance covers all activities of import and export of goods and/or services, tangible and intangible assets (including the transfer of means of payment, that somehow are subject to regulations applicable to transactions between two different states/jurisdictions.
