Export Declaration Regulations: New Penalty Guidelines

Ensuring Compliance to Mitigate Penalties in Export Transactions

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Tuesday, April 7, 2009

Course Materials

This seminar will explore the types of violations that commonly arise in Federal Trade Regulation export declarations requirements, the U.S. Customs and Border Protection's new mitigation regulations, and best practices for businesses to comply with the requirements and avoid or minimize penalty liability.


On Jan. 2, 2009, the U.S. Customs and Border Protection (CBP) published guidelines detailing how the agency will implement its penalty authority to enforce the Federal Trade Regulations requirements. The guidelines were effective Feb. 1, 2009.

Because even inadvertent violations are subject to tough penalties, parties to an export transaction must fully understand the rules and guidelines — and remain vigilant to ensure full compliance with regulatory obligations.

Businesses having to make their way through the complex export process and their counsel must take steps now to ensure that well-planned policies and procedures are in place to safeguard compliance.

Listen as our authoritative panel of international trade attorneys examines the CBP regulations, the guidelines, the types of violations that trigger enforcement action, and the new mitigation regulations. The panel will offer their best practices for mitigating penalty liability in the event of a violation.



  1. Violations
    1. Failure to file export information in AES
    2. Late filing
    3. Other FTR violations
  2. Mitigation guidelines
    1. Mitigating factors
    2. Aggravating factors
  3. Best practices for mitigating penalty liability
    1. Compliance programs
    2. Prior disclosures


The panel will review these and other key questions:

  • What mitigating factors can help parties in export transactions to minimize penalty liability?
  • What are the aggravating factors that make it harder for parties in export transactions to minimize penalty liability?
  • What procedures should businesses put in place to ensure compliance with export regulations?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Meltzer, Ronald
Ronald I. Meltzer

Senior Counsel
Wilmer Cutler Pickering Hale and Dorr

Mr. Meltzer focuses on licensing, compliance and enforcement matters relating to U.S. export controls and economic...  |  Read More

Lars-Erik A. Hjelm
Lars-Erik A. Hjelm

Akin Gump Strauss Hauer & Feld

He focuses on customs law and policy. His experience covers the commercial and enforcement laws and policies that CBP...  |  Read More

Gregory S. McCue
Gregory S. McCue

Of Counsel
Steptoe & Johnson

He has extensive experience in Customs and International Trade law. He advises in matters involving tariff...  |  Read More

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