Justice Manual § 9-90.610

The Export Control Reform Act, 50 U.S.C. §§ 4801-4852, and the rules and regulations promulgated thereunder, 15 C.F.R. parts 730 to 774, prohibit the export of strategic goods and technologies without a license from the Department of Commerce. Violations are investigated by the Department of Commerce, the Department of Homeland Security and other law enforcement agencies.

The prosecution of Export Control Reform Act violations frequently involves foreign policy, national security, and intelligence issues that require close coordination with the Department of Commerce, Department of State, the CIA and other agencies. Therefore, prosecution of Export Control Reform Act violations shall not be undertaken without the prior approval of the National Security Division. See JM 9-90.020. However, the United States Attorney is authorized to take whatever action is necessary to prevent the commission of an offense where time does not permit seeking prior authorization. Often an illegal export can be prevented by seizing the items that are about to be exported. Seizure of strategic goods and technologies that are about to be exported in violation of the Export Control Reform Act is authorized by 50 U.S.C. § 4820 and 22 U.S.C. § 401. [Violations occurring prior to the enactment of the Export Control Reform Act on August 13, 2018, may be charged under the authority of its predecessor statute, the Export Administration Act, as continued in effect by the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., upon prior approval of the National Security Division.]