Violation Narrative In EAR Voluntary Self-Disclosures Must Be Submitted Within 180 Days of Initial Notification

Final rule effective September 9, 2013

On August 9, 2013, the U.S. Bureau of Industry and Security (BIS) posted a final rule in the Federal Register which requires that the final, comprehensive narrative account required in voluntary self-disclosures (VSDs) of the Export Administration Regulations (EAR) violations be received by the Office of Export Enforcement (OEE) within 180 days of OEE’ receipt of the initial VSD notification.

Section 764.5 of the EAR requires an initial notification of the VSD, which must include a description of the general nature and extent of the suspected violations and which must be made as soon as possible after the violations are discovered. The initial notification must be followed by a thorough review and the completion and submission of a narrative account of the suspected violations, including providing all relevant documentation.

This rule adds a requirement that the completed narrative account be received by BIS within 180 days of BIS’s receipt of the initial notification. This requirement applies only to initial notifications received on or after September 9, 2013, the date the rule becomes effective.