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International legal consideration
Bishnu Prasad koirala
1.BXA (Bureau of export administration)
The Bureau of Export Administration (BXA) administers and enforces laws and regulations
which govern exports of dual-use commodities, technology and software from the United States
and its territories and reexports of such items from third countries. In addition, BXA regulates
certain activities of U.S. persons related to proliferation concerns. BXA has the responsibility of
implementing the Clinton Administration’s commercial encryption policy and will be
responsible for compliance with the U.S. business community with the Chemical Weapons
Convention. BXA investigates violations of export controls and implements the antiboycott
provisions of the Export Administration Act. BXA is responsible for a variety of programs
related to maintaining a strong U.S. defense industrial base. BXA also participates in the efforts
if the U.S. government to assist many of the new independent states of the former Soviet Union,
the Baltics and Central Europe in developing effective export control systems.
2.EAR (Export administration regulation)
Export Administration Regulations (EAR) are a set of rules and regulations as well as legal
protocols related to United States export control law. EAR is largely a legal document that
defines the type of products and data that can be lawfully exported. Its aim is to ensure national
security by incorporating commercial and research aims.
EAR legislation ensures that specific types of technology and access to the associated data are
controlled. Hence, it aims to avoid the leaking of sensitive information to an unauthorized
entities and through illegal methods. The Commerce Control List (CCL) is an integral part of an
EAR, which controls the flow of commercial products, especially those which may also have a
military use, such as a computer software, spyware or hacking tools. EAR covers goods as well
as technology that may be dangerous if misused.
3.ECCN (Export control classification number)
A key in determining whether an export license is needed from the Department of Commerce is
finding out if the item you intend to export has a specific Export Control Classification Number
(ECCN). ECCNs are five character alphanumeric designations used on the Commerce Control
List (CCL) to identify dual-use items for export control purposes. An ECCN categorizes items
based on the nature of the product, i.e. type of commodity, software, or technology and its
respective technical parameters.
An ECCN is different from a Schedule B number, which is used by the Bureau of Census to
collect trade statistics. It is also different from the Harmonized Tariff System Nomenclature,
which is used to determine import duties.
International legal consideration
Bishnu Prasad koirala
4. STELA (System for tracking, export license application)
To better serve the exporting community, the Department of Commerce, Bureau of Industry
(BIS) has launched an online version of its System for Tracking Export License Applications
(STELA). You may now check the status of your export or re-export license applications,
classification requests and AGR notifications at http://snapr.bis.doc.gov/stela. The applicant
must input their BIS-assigned application control number (ACN) and they will subsequently
receive the same status information as communicated through the current phone-based STELA
voice response system, which will be eventually phased out.
5. FCPA (Federal corrupt practice act)
The US Foreign Corrupt Practices Act (FCPA) of 1977 is the most widely enforced anti-
corruption law. It is the first to introduce corporate liability, responsibility for third parties and
extraterritoriality for corruption offenses, meaning companies and persons can be held criminally
and civilly responsible for corruption offenses committed abroad.
Anti-Bribery Provisions
The FCPA’s anti-bribery provisions apply broadly to three categories of persons or entities:
'issuers', 'domestic concerns' and certain persons and entities under 'territorial jurisdiction'. These
provisions prohibit (1) US persons and companies (domestic concerns), (2) companies organised
under US laws, (3) companies that have their principal place of business in the US, (4)
companies listed on stock exchanges in the US or (5) companies required to file periodic reports
with the SEC (issuers), and (6) certain foreign persons and businesses acting while in the
territory of the US (territorial jurisdiction) from making corrupt payments to foreign officials to
obtain or retain business.
Facilitation Payments
The FCPA provides a narrow exception for facilitation payments. The exception applies only to
payments made to foreign officials with the purpose to 'facilitate or expedite routine
governmental action'. The exception focuses on the purpose of the payment rather than on its
value. Facilitation payments that are not properly documented may violate the FCPA’s
accounting provisions.
6. EPA (Environmental protection agency regulation)
The EPA adopted the Common Rule under 40 CFR 26 A Protection of Subjects in Human
Research Conducted or Supported by EPA. EPA Order 1000.17 Change A1 (now archived)
International legal consideration
Bishnu Prasad koirala
further codifies EPA requirements for the protection of human research subjects in research
conducted or supported by EPA.
EPA Subparts B, C, D, K, L, M, and Q describe prohibitions involving the intentional exposure
of a pregnant or nursing woman or child in research conducted or supported by EPA;
prohibitions of relying on the results of said research; and criteria and procedures for the EPA to
rely on otherwise unacceptable data.
The United States Environmental Protection Agency (EPA or sometimes U.S. EPA) is an
agency of the federal government of the United States which was created for the purpose of
protecting human health and the environment by writing and enforcing regulations based on laws
passed by Congress.
7. SEC (Securities & exchange commission).
The SEC has a three-part mission: to protect investors; maintain fair, orderly, and efficient
markets; and facilitate capital formation.
To achieve its mandate, the SEC enforces the statutory requirement that public companies and
other regulated companies submit quarterly and annual reports, as well as other periodic reports.
In addition to annual financial reports, company executives must provide a narrative account,
called the "management discussion and analysis" (MD&A), that outlines the previous year of
operations and explains how the company fared in that time period. MD&A will usually also
touch on the upcoming year, outlining future goals and approaches to new projects. In an attempt
to level the playing field for all investors, the SEC maintains an online database called EDGAR
(the Electronic Data Gathering, Analysis, and Retrieval system) online from which investors can
access this and other information filed with the agency.
Quarterly and semiannual reports of public companies are crucial for investors to make sound
decisions when investing in the capital markets. Unlike banking, investment in the capital
markets is not guaranteed by the federal government. The potential for big gains needs to be
weighed against that of sizable losses. Mandatory disclosure of financial and other information
about the issuer and the security itself gives private individuals as well as large institutions the
same basic facts about the public companies they invest in, thereby increasing public scrutiny
while reducing insider trading and fraud.
The SEC makes reports available to the public through the EDGAR system. The SEC also offers
publications on investment-related topics for public education. The same online system also
takes tips and complaints from investors to help the SEC track down violators of the securities
laws. The SEC adheres to a strict policy of never commenting on the existence or status of an
ongoing investigation.

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International legal consideration

  • 1. International legal consideration Bishnu Prasad koirala 1.BXA (Bureau of export administration) The Bureau of Export Administration (BXA) administers and enforces laws and regulations which govern exports of dual-use commodities, technology and software from the United States and its territories and reexports of such items from third countries. In addition, BXA regulates certain activities of U.S. persons related to proliferation concerns. BXA has the responsibility of implementing the Clinton Administration’s commercial encryption policy and will be responsible for compliance with the U.S. business community with the Chemical Weapons Convention. BXA investigates violations of export controls and implements the antiboycott provisions of the Export Administration Act. BXA is responsible for a variety of programs related to maintaining a strong U.S. defense industrial base. BXA also participates in the efforts if the U.S. government to assist many of the new independent states of the former Soviet Union, the Baltics and Central Europe in developing effective export control systems. 2.EAR (Export administration regulation) Export Administration Regulations (EAR) are a set of rules and regulations as well as legal protocols related to United States export control law. EAR is largely a legal document that defines the type of products and data that can be lawfully exported. Its aim is to ensure national security by incorporating commercial and research aims. EAR legislation ensures that specific types of technology and access to the associated data are controlled. Hence, it aims to avoid the leaking of sensitive information to an unauthorized entities and through illegal methods. The Commerce Control List (CCL) is an integral part of an EAR, which controls the flow of commercial products, especially those which may also have a military use, such as a computer software, spyware or hacking tools. EAR covers goods as well as technology that may be dangerous if misused. 3.ECCN (Export control classification number) A key in determining whether an export license is needed from the Department of Commerce is finding out if the item you intend to export has a specific Export Control Classification Number (ECCN). ECCNs are five character alphanumeric designations used on the Commerce Control List (CCL) to identify dual-use items for export control purposes. An ECCN categorizes items based on the nature of the product, i.e. type of commodity, software, or technology and its respective technical parameters. An ECCN is different from a Schedule B number, which is used by the Bureau of Census to collect trade statistics. It is also different from the Harmonized Tariff System Nomenclature, which is used to determine import duties.
  • 2. International legal consideration Bishnu Prasad koirala 4. STELA (System for tracking, export license application) To better serve the exporting community, the Department of Commerce, Bureau of Industry (BIS) has launched an online version of its System for Tracking Export License Applications (STELA). You may now check the status of your export or re-export license applications, classification requests and AGR notifications at http://snapr.bis.doc.gov/stela. The applicant must input their BIS-assigned application control number (ACN) and they will subsequently receive the same status information as communicated through the current phone-based STELA voice response system, which will be eventually phased out. 5. FCPA (Federal corrupt practice act) The US Foreign Corrupt Practices Act (FCPA) of 1977 is the most widely enforced anti- corruption law. It is the first to introduce corporate liability, responsibility for third parties and extraterritoriality for corruption offenses, meaning companies and persons can be held criminally and civilly responsible for corruption offenses committed abroad. Anti-Bribery Provisions The FCPA’s anti-bribery provisions apply broadly to three categories of persons or entities: 'issuers', 'domestic concerns' and certain persons and entities under 'territorial jurisdiction'. These provisions prohibit (1) US persons and companies (domestic concerns), (2) companies organised under US laws, (3) companies that have their principal place of business in the US, (4) companies listed on stock exchanges in the US or (5) companies required to file periodic reports with the SEC (issuers), and (6) certain foreign persons and businesses acting while in the territory of the US (territorial jurisdiction) from making corrupt payments to foreign officials to obtain or retain business. Facilitation Payments The FCPA provides a narrow exception for facilitation payments. The exception applies only to payments made to foreign officials with the purpose to 'facilitate or expedite routine governmental action'. The exception focuses on the purpose of the payment rather than on its value. Facilitation payments that are not properly documented may violate the FCPA’s accounting provisions. 6. EPA (Environmental protection agency regulation) The EPA adopted the Common Rule under 40 CFR 26 A Protection of Subjects in Human Research Conducted or Supported by EPA. EPA Order 1000.17 Change A1 (now archived)
  • 3. International legal consideration Bishnu Prasad koirala further codifies EPA requirements for the protection of human research subjects in research conducted or supported by EPA. EPA Subparts B, C, D, K, L, M, and Q describe prohibitions involving the intentional exposure of a pregnant or nursing woman or child in research conducted or supported by EPA; prohibitions of relying on the results of said research; and criteria and procedures for the EPA to rely on otherwise unacceptable data. The United States Environmental Protection Agency (EPA or sometimes U.S. EPA) is an agency of the federal government of the United States which was created for the purpose of protecting human health and the environment by writing and enforcing regulations based on laws passed by Congress. 7. SEC (Securities & exchange commission). The SEC has a three-part mission: to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation. To achieve its mandate, the SEC enforces the statutory requirement that public companies and other regulated companies submit quarterly and annual reports, as well as other periodic reports. In addition to annual financial reports, company executives must provide a narrative account, called the "management discussion and analysis" (MD&A), that outlines the previous year of operations and explains how the company fared in that time period. MD&A will usually also touch on the upcoming year, outlining future goals and approaches to new projects. In an attempt to level the playing field for all investors, the SEC maintains an online database called EDGAR (the Electronic Data Gathering, Analysis, and Retrieval system) online from which investors can access this and other information filed with the agency. Quarterly and semiannual reports of public companies are crucial for investors to make sound decisions when investing in the capital markets. Unlike banking, investment in the capital markets is not guaranteed by the federal government. The potential for big gains needs to be weighed against that of sizable losses. Mandatory disclosure of financial and other information about the issuer and the security itself gives private individuals as well as large institutions the same basic facts about the public companies they invest in, thereby increasing public scrutiny while reducing insider trading and fraud. The SEC makes reports available to the public through the EDGAR system. The SEC also offers publications on investment-related topics for public education. The same online system also takes tips and complaints from investors to help the SEC track down violators of the securities laws. The SEC adheres to a strict policy of never commenting on the existence or status of an ongoing investigation.