OEE inspection, seizure and return orders

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1. What the Office of Export Enforcement must assure

The Export Administration Regulations (EAR) set out the enforcement powers of the Office of Export Enforcement (OEE) of the Bureau of Industry and Security (BIS) (15 CFR 758.7(a)). OEE officials, and other U.S. officials OEE designates, are authorized and directed to enforce the authorities of the Secretary. They include the Export Control Reform Act (ECRA), 13 U.S.C. 305, 22 U.S.C. 401, 50 U.S.C. 1701 and following, the EAR and the Foreign Trade Regulations (FTR).

That includes assuring that unlicensed exports, reexports and in-country transfers are either outside the EAR’s license requirements or properly made under a license exception (15 CFR 758.7(a)(1)). It includes assuring that transactions purporting to be licensed are in fact licensed and comply with the license (15 CFR 758.7(a)(2)). It also covers accurate Electronic Export Information (EEI) filings, and U.S. person activities that need a license under section 744.6 (15 CFR 758.7(a)(3) and 15 CFR 758.7(a)(4)).

The types of action listed are taken in carrying out the Secretary’s authorities (15 CFR 758.7(b)). They include controlling the export, reexport and in-country transfer of items in any form subject to U.S. jurisdiction, whether by U.S. or foreign persons, and controlling covered U.S. person activities wherever located. They also include ensuring compliance, monitoring shipments and other means of transfer, conducting investigations and issuing orders.

2. Inspection, search and detention of items

All items subject to the export laws the Secretary administers or enforces that have been, are being or are about to be exported, reexported or transferred are subject to inspection, search and detention (15 CFR 758.7(b)(1)(i)). Inspection may cover identification, technical analysis, the accuracy of the EEI filing or, if there is no filing, the loading document, and the value and quantity of the items.

It may take place anywhere inside or outside the United States, including the borders, ports of exit, freight forwarders’ premises, bonded warehouses, foreign trade zones, and manufacturing, transportation and storage facilities (15 CFR 758.7(b)(1)(ii)). Where, in the inspecting official’s judgment, an item cannot be properly identified, the official may take a sample for closer examination or laboratory analysis (15 CFR 758.7(b)(1)(iii)).

The sample is the minimum representative amount needed, taken under the rules for sampling imported merchandise (15 CFR 758.7(b)(1)(iii)(A)). An OEE letter goes to the exporter or its agent and the ultimate consignee (15 CFR 758.7(b)(1)(iii)(B)). It documents the place and date, the authorization, the invoice number, the sample quantity, a description of the item, marks and packing case numbers, and the manufacturer’s number for the item (15 CFR 758.7(b)(1)(iii)(B)). A copy goes in the opened container. Samples are disposed of under Customs and Border Protection procedures for imports (15 CFR 758.7(b)(1)(iii)(C)).

3. Records, questioning and lading

OEE officials may require any person subject to these laws to produce books, records and other information for inspection and copying (15 CFR 758.7(b)(2)). That reaches exporters, reexporters, transferors and their agents, carriers and their agents, and intermediate consignees, ultimate consignees and end users. The material includes invoices, orders, letters of credit, inspection reports, technical documentation, packing lists, shipping documents and correspondence.

OEE officials may question any person, including carriers and their agents and the exporter, reexporter or transferor and their agents (15 CFR 758.7(b)(3)). They may prevent the lading of items on a conveyance (15 CFR 758.7(b)(4)). They may inspect, search and detain any conveyance at any time, anywhere, to determine whether items have been, are being or are about to be exported, reexported or transferred within a country (15 CFR 758.7(b)(5)).

4. Seizure and forfeiture

OEE officials may seize any property, tangible or intangible, when there is probable cause to believe it is subject to administrative, civil judicial or criminal forfeiture (15 CFR 758.7(b)(6)). OEE may start administrative forfeiture proceedings under 18 U.S.C. 981(d) and the Customs laws (15 CFR 758.7(b)(7)).

All BIS enforcement actions must be conducted under the Constitution and all applicable laws and regulations. That includes judicially recognized exceptions to the warrant requirement, such as consent, exigent circumstances, searches incident to a lawful arrest and border searches (15 CFR 758.7(b)(8)(i)). BIS may enter into agreements with other federal agencies, and shall issue additional guidance as necessary (15 CFR 758.7(b)(8)(ii) and 15 CFR 758.7(b)(8)(iii)). Nothing in the section limits the lawful authority of BIS law enforcement officers (15 CFR 758.7(b)(8)(iv)).

5. Ordering a return or unloading

A carrier, for these purposes, includes connecting and on-forwarding carriers and the owner, charterer, agent, master or anyone else in possession or control of the conveyance, in the United States or abroad (15 CFR 758.8(a)). OEE officials may order any carrier to return or unload a particular shipment (15 CFR 758.8(b)). Giving the order to any person within that definition is sufficient notice.

The carrier, as ordered, unloads the shipment and makes it available for search and inspection, returns it to the United States, or unloads it at a port of call. In the last case it ensures the shipment is held in custody, under bond or other guaranty, and does not enter any foreign country’s commerce without BIS approval (15 CFR 758.8(b)(1)-(3)). The reporting and delivery rules for unscheduled unloading also apply when items are unloaded at a port of call (15 CFR 758.8(c)).

Any person within the definition of carrier who discovers that a violation has occurred, is occurring or is about to occur for a shipment in its possession or control must immediately notify OEE (15 CFR 758.8(d)). It must also notify the person in actual possession or control of the shipment.

6. Other laws still apply

The export clearance part applies only to transactions and U.S. person activities subject to the export laws the Secretary administers or enforces (15 CFR 758.9). It does not relieve anyone from complying with other U.S. laws and regulations, including those on EEI filings, manifests and other applicable rules. Document conformity rules are covered in using a license at the port.

Key terms

OEE	The BIS Office of Export Enforcement.
Administrative forfeiture	Forfeiture without a court proceeding, under 18 U.S.C. 981(d).
Carrier	Anyone in possession or control of the conveyance.
Sample	The minimum amount taken to identify or analyze an item.
Return order	An OEE order to return or unload a shipment.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Enforcement checks can reach any shipment in transit. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.