DOJ Revises and Re-Issues Export Control and Sanctions Enforcement Policy for Business Organizations

DOJ Revises and Re-Issues Export Control and Sanctions Enforcement Policy for Business Organizations

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On December 13, 2019, the National Security Division (NSD) of the U.S. Department of Justice (DOJ) issued a revised policy regarding voluntary disclosure of export control and sanctions violations by business organizations (NSD VSD Policy). Although the NSD VSD Policy does not alter the existing procedures for voluntary self-disclosure to regulatory agencies, it encourages business organizations to voluntarily self-disclose to NSD “all potentially willful violations of the statutes implementing the U.S. government’s primary export control and sanctions regimes.” Export Control and Sanctions Enforcement Policy for Business Organizations, DEP’T OF JUSTICE (Dec. 13, 2019). There is limited guidance, however, regarding what constitutes a “potentially willful” violation. And, importantly, the NSD VSD Policy states that if a company “chooses to self-report only to a regulatory agency and not to DOJ, the company will not qualify for the benefits of a VSD under this Policy in any subsequent DOJ investigation.” Id. This new policy increases the strategic complexity for a company considering voluntary self-disclosure to NSD, a regulatory agency, or both.

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