BIS reports no slowdown in voluntary self-disclosures

Dellicolli, however, said penalty assessments would likely go up just because the IEEPA requires them to do so. Congress didn't expect us to be more creative with the mitigation factor, but instructed us to come up with a fair remedy, he said.

You can bring the (penalty) maximum down, Dellicolli told the RPTAC members. Have an effective compliance program in place and when you find a mistake make a voluntary self-disclosure.

But export control regulations experts still warn there are no guarantees that a company that makes a voluntary self-disclosure won't get hit with the full penalty amount. It's very scary, said long-time industry consultant Bill Root.

Benjamin H. Flowe Jr., a partner with law firm Berliner, Corcoran & Rowe, and a RPTAC member, said the exporters that he works with are zealous about compliance.

Just getting listed as a violator is a huge issue, Flowe said. It's a blow to their export compliance programs because that's when you get noticed (within the company). It's not just viewed as a cost of doing business.