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Prosecutions for Violation of Export Controls on Dual-Use Items

By George B. Prettyman and Gregory J. Wallance

Since 9/11, the government has stepped up the enforcement of laws and regulations relating to the control of exports, especially so-called “dual-use” items that have both military and non-military applications. Department of Commerce policy “seeks to keep terrorists and other criminals from possessing sensitive technologies — in essence, to prevent export violations before they occur,” according to Julie L. Myers, Assistant Secretary of Commerce for Export Enforcement.

Typically, dual-use items include both high-tech goods and software and ordinary goods, such as fertilizer. Criminal penalties for violations are harsh, especially if the violation affects national security. For practitioners, the dual-use laws present an unusual thicket of statutes, regulations and executive orders.

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