When exporting a product or service, whether defense-related or dual-use, regulated by ITAR or EAR, it is important to remember that as the exporter, the U.S. government requires you to take steps to ensure that your company is in compliance before selling overseas.
Frequently, we see small companies that export products “outsource” their export compliance to their freight forwarders. Many new (and sometimes even experienced) exporters believe that because their products aren’t tightly controlled (i.e. regulated by ITAR) by the U.S. government, they can rely on their freight forwarder to manage all export documentation requirements. However, regardless of how an export is regulated, the U.S. exporter is always liable for documentation and compliance of all export shipments.
To read more about your company’s role as an exporter and how to limit your liability, check out this post from Shipping Solutions: “If You’re Relying on Your Freight Forwarder for Export Compliance, You’ve Probably Already Violated the Law”