US ITAR and EAR - Export Control and Data Security
Violations, disclosure and the compliance programme – US ITAR and EAR - Export Control and Data Security

US ITAR and EAR - Export Control and Data Security ITAR 127.12 and EAR 764.5: Make voluntary disclosures on each regime's timeline and content requirements

DDTC encourages voluntary disclosure of possible violations as a mitigating factor, and failure to report is an adverse factor (127.12(a)). The initial notice should be made immediately after discovery, followed by a thorough review and a full disclosure within 60 calendar days unless an empowered official or senior officer obtains an extension; the disclosure describes the violation, circumstances, parties, authorisations, USML categories, corrective actions and disciplinary steps, is supported by documents, is certified by an empowered official or senior officer, and counts only if made with senior management's full knowledge (127.12(b)-(e)). BIS takes abbreviated disclosures for minor or technical violations, which may be bundled quarterly, and for significant violations an initial notification followed by a full narrative within 180 days, recommending a five-year look-back; a deliberate decision not to disclose a significant apparent violation is an aggravating factor (764.5).

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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This control maps to 2 controls across 1 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

  • 764.5 764.5 Voluntary self-disclosure
  • 764.8 764.8 Voluntary self-disclosure of boycott violations

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

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