Can I be penalized for an unintentional export violation?

Yes. Civil penalties do not require intent. An honest mistake — a misclassification, a missed screening hit — can still draw an administrative fine, which is why agencies expect documented reasonable care rather than perfect outcomes.

Does a voluntary self-disclosure really help?

It is the most reliable way to reduce exposure. Across the EAR, ITAR, and sanctions regimes, a timely and complete voluntary self-disclosure made before the government discovers the violation is treated as a significant mitigating factor and often substantially lowers the penalty.

Are the penalty amounts fixed?

No. Criminal maximums are set by statute, but the civil penalty maximums are adjusted annually for inflation. Any specific figure is a point-in-time number; check the current amount with BIS, DDTC, or OFAC before relying on it.

Which agency would pursue my case?

It depends on the item and the conduct: BIS for dual-use items under the EAR, DDTC for defense articles under ITAR, and OFAC for sanctions matters. A single transaction can fall under more than one, and the agencies coordinate on overlapping cases. The cheapest export violation is the one you prevent. Reidel Law Firm helps exporters build compliance programs, evaluate potential violations, and prepare voluntary self-disclosures on flat-fee terms. Get an import/export compliance memo. This article is general information about U.S. export enforcement, not legal advice about a specific matter. Penalty amounts change annually; confirm current figures with the relevant agency.

INTERNATIONAL TRADE LAW

Penalties for Violating Export Control Laws

Schuyler 'Rocky' Reidel August 31, 2023 5 min read

Export control violations carry both