Justice Department’s guidance on export controls; voluntary self-disclosures and cooperation

Justice Department’s guidance on export controls

The U.S. Justice Department’s National Security Division earlier this month issued guidance for businesses regarding voluntary self-disclosures, cooperation, and remediation in export controls and sanction investigations.

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The Justice Department guidance [PDF 92 KB] sets forth the policy of the National Security Division (NSD) to encourage businesses to voluntarily self-disclose criminal violations of the U.S. government’s primary export control and sanction regimes. The NSD guidance applies only to export control and sanctions violations, and is intended to provide greater transparency about what is required from companies seeking credit for voluntarily self-disclosing potential criminal conduct, fully cooperating with an investigation, and remediating. The guidance:

  • Explains what constitutes a voluntary self-disclosure, full cooperation, and timely and appropriate remediation
  • Provides examples of aggravating factors that could limit the credit a business might otherwise receive
  • Explains the possible credit that may be afforded a business that complies with the guidelines, including the disclosure of all facts about the individuals involved in the violation
  • Provides sample scenarios to demonstrate the policy’s application

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