Antiboycott Compliance: Why You Should Care and What You Should Do About It

US antiboycott laws prohibit US persons from participating in economic boycotts by other countries that are not sanctioned by the U.S., and they also require that boycott requests are reported to the US Department of Commerce Bureau of Industry and Security (BIS). Over the past two years, BIS has issued multiple policy updates, signaling a much more robust enforcement environment related to the antiboycott provisions of the Export Administration Regulations (EAR). At the same time, antiboycott enforcement actions have been steadily on the rise, with public antiboycott settlements announced frequently. Notably, many of these settlements involved US parties that submitted voluntary self-disclosures (VSDs). Some settlements also involved reporting-only violations, where the US party did not engage in any conduct in furtherance of a prohibited boycott. Moreover, while BIS’ recent publishing of the boycott Requester List has raised greater antiboycott awareness, it has also put exporters on high alert to potential antiboycott compliance risks inherent in specific transactions, causing concern and unease for many. 

Join us to learn about the antiboycott regulations, including prohibited activities, allowable activities, reporting requirements, and more. You will also learn about specific antiboycott enforcement trends, high-risk markets and activities, and use of the boycott Requester List as a tool for compliance. Finally, you will receive guidance on transactional screening and clearance, including for transactions that may involve high-risk parties. You will also learn how to structure these transactions in order to remain compliant.