What are the laws concerning the export of technologies?

Technology exports are products or services that involve the transfer of technology from one country to another. In New York, the export of technologies is governed by U.S. federal law, including the Export Administration Regulations (EAR). Generally, companies that export technologies must register with the Department of Commerce and obtain a license from the Bureau of Industry and Security. A license is needed to export or re-export any item subject to the EAR to a foreign country. Businesses must also comply with the sanction programs of the Department of State that restrict certain countries or persons from receiving the exported technologies. Certain export items, such as encryption software or intrusion technologies, require a license from the Department of Commerce before they can be exported outside of the United States. Other items, such as cryptographic products or laser systems, may not require a license, but will need to be evaluated to confirm whether an export license is necessary. When exporting technologies, businesses must obtain an export license or document that their activities are not subject to export license. Businesses should also make sure to comply with any applicable export regulations. Failing to comply with export regulations can result in criminal and civil penalties.

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