Export Controls

The United States laws and regulations on the export of goods, services and technology are principally based on two factors: the nature of each export and its destination and end use.

AFC policy:

  • AFC® adheres to all relevant export and re-export laws and regulations.
  • AFC contracts for foreign sales must include language to indicate our customers' acknowledgment of their obligations to honor applicable US export and re-export laws.

Licenses

Some items may be exported from the United States only after applying for and receiving a license from one or more government agencies. Deciding whether an export requires a license requires reference to a fairly comprehensive list of product categories maintained by the Department of Commerce (DOC) www.commerce.gov.

As a result:

Employees must ascertain whether each AFC export requires a license by referring to the DOC and, when necessary, submitting the appropriate DOC license application which is available from the DOC Bureau of Export Administration (BXA) and can be accessed at https://bxa.ntis.gov/.

Re-Exports

Goods or technology of United States origin are subject to U.S. re-export controls. An item, for example, exported from the United States to Germany may not require a license, but its onward shipment from Germany to Indonesia might require prior DOC authorization. Although it is basically the responsibility of the foreign recipient to obtain the re-export authorization, AFC could be held liable in some instances for illegal re-exports.

As a result:

Employees must determine whether re-exports require prior DOC authorization and notify our customers, suppliers and distributors of such requirements.

For more information:
Office of General Counsel

Embargoed Countries

The Treasury Department's Office of Foreign Assets Control (OFAC) maintains a list of embargoed countries including lists of companies established in non-embargoed countries that are deemed to be under the control of embargoed governments, and administers United States embargo and sanctions regulations.

As a result:

Employees must comply with all current United States embargoes or comprehensive economic sanctions programs by referring to the OFAC.

Penalties:

Violation can result in severe criminal and civil penalties, including imprisonment, for AFC and the employees involved.

For more information:
Office of General Counsel
OFAC (Office of Foreign Assets Control) at www.treas.gov/ofac