This article examines export controls applicable to the field of cybersecurity, an industry that is increasingly global in which US companies to sell their products and services to multinational companies, US agencies with operations abroad, and even foreign governments, when allowed. Cybersecurity market – public and private – hit $ 60 billion in 2011 and is expected to increase steadily over the next few years. Indeed, cybersecurity is one of the “growth” of Defense some Buck budget cuts the U.S. recently.
As U.S. companies continue to expand in the market, however, so too with the risk of non-compliance with the confusing web of U.S. laws and regulations that govern the export-related activities. The US law places the burden of complying with export controls and economic sanctions right on u.s. companies and their officers and employees. Industry cybersecurity is no exception, and may be particularly vulnerable to Government oversight given the need to protect the strategic advantage of U.S. technology, critical infrastructure, and access to confidential information. In this case, in violation of United States export laws can result in criminal law enforcement actions, jail time, and significant fines and penalties, including the evasion of federal contractors.
The u.s. Government maintains a complex set of regulations that govern the export of goods, including technology, software, and technical data-overseas and foreign entities and individuals are specified.
The State Department’s international traffic in arms regulations (ITAR). All manufacturers, exporters and brokers of defense articles, related technical services, data and Defense are required to register with DDTC. Registration with the DDTC is a prerequisite to apply for an export license.