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Export Compliance Programs (ECPs)

ECPs are a series of procedures and tools that facilitate compliance with export controls to mitigate the risk of export violations and streamline compliance within an organization’s operations. They are developed and maintained by organizations that engage in export, reexport, or transfer (in-country) activities subject to the EAR. 

BIS publishes the Export Compliance Guidelines, including the Eight Elements of an Effective ECP, which provide baseline guidance and considerations for drafting and maintaining ECPs. 

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    The Eight Elements of an Effective Export Compliance Program

    Utilize the Eight Elements of an Effective Compliance Program to develop your ECP: 

    1. Have strong and continuous management commitment. To build and maintain an effective ECP, senior management must publicly support compliance policies and procedures, provide sufficient resources, and support export compliance training.
    2. Identify and mitigate your organization’s potential vulnerabilities by conducting risk assessments on a regular basis, at least annually.
    3. Write and implement export authorization procedures covering jurisdiction, classification, licensing, and screening. This is vital to preventing the export of unauthorized items, which could damage national security and cause your organization to face export penalties.
    4. Assign responsibilities around export recordkeeping and ensure procedures meet the requirements in EAR §762.
    5. Require training for all employees, including support staff whose responsibilities relate to exports. This helps personnel keep up with changing regulations and allows for discussions with other export compliance practitioners.
    6. Perform regular audits to gauge how well procedures are implemented and if your ECP needs to be augmented.
    7. Implement a program to handle export violations and corrective actions, including how to prevent export violations from reoccurring and how to manage corrective actions following a violation.
    8. Build and maintain your ECP to keep it current and relevant to your organization’s EAR subject activities. 

     

    Tailor your ECP to meet your organization’s needs. Download the BIS Export Compliance Guidelines and, as applicable, contact other regulatory agencies for their compliance best practices. 

    EAR Compliance Guidelines and Toolkit

    • Export Compliance Guidelines

      Export Compliance Guidelines

      Tailor your ECP to your organization's needs, contact other regulatory agencies for their compliance best practices, and download the BIS Export Compliance Guidelines.

    • Export Compliance Toolkit

      Review this list of resources to help identify key compliance guidance and tools as you develop and implement your ECP. 
       

    Creating an Effective Export Compliance Program

    Training video: Creating an Effective Export Compliance Program

    This video presents the Eight Elements of an Effective Export Compliance Program.

    Watch video on YouTube

    Looking for more help?

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    Contact the Export Management and Compliance Division (EMCD) for help with EAR compliance questions. Send an email to [email protected]. 

    Request an ECP review from BIS. If you are writing an ECP for the first time or want some help updating an existing ECP, you may submit your ECP to BIS for review. BIS Export Compliance Specialists review ECP submissions based on the Export Compliance Guidelines and provide feedback to improve your ECP. This is a free service, but organizations are limited to one submission only. ECPs are typically returned to the originator within 30 calendar days, depending on the length and complexity of the submission. Submit your ECP to [email protected]. 

    Review the Audit Module within the BIS Export Compliance Guidelines. 

    Sign up for a seminar. See BIS’ seminar schedule for ECP training offered to assist in developing or enhancing your organization’s ECP.