C.F.R. » Title 15 » CHAPTER VII—BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE › SUBCHAPTER C—EXPORT ADMINISTRATION REGULATIONS › PART 764—ENFORCEMENT AND PROTECTIVE MEASURES

15 C.F.R. § 764.2

Violations

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(a) Engaging in prohibited conduct. No person may engage in any transaction or take any other action prohibited by or contrary to, or refrain from engaging in any transaction or take any other action required by ECRA, the EAR, or any order, license or authorization issued thereunder.

(b) Causing, aiding, or abetting a violation. No person may cause or aid, abet, counsel, command, induce, procure, permit, or approve the doing of any act prohibited, or the omission of any act required, by ECRA, the EAR, or any order, license or authorization issued thereunder.

(c) Solicitation and attempt. No person may solicit or attempt a violation of ECRA, the EAR, or any order, license, or authorization issued thereunder.

(d) Conspiracy. No person may conspire or act in concert with one or more persons in any manner or for any purpose to bring about or to do any act that constitutes a violation of ECRA, the EAR, or any order, license, or authorization issued thereunder.

(e) Acting with knowledge of a violation. No person may order, buy, remove, conceal, store, use, sell, loan, dispose of, transfer, transport, finance, forward, or otherwise service, in whole or in part, or conduct negotiations to facilitate such activities with respect to, any item that has been, is being, or is about to be exported, reexported, or transferred (in-country), or that is otherwise subject to the EAR, with knowledge that a violation of ECRA, the EAR, or any order, license, or authorization issued thereunder, has occurred, is about to occur, or is intended to occur in connection with the item.

(f) [Reserved]

(g) Misrepresentation and concealment of facts. (1) No person may make any false or misleading representation, statement, or certification, or falsify or conceal any material fact, either directly to BIS or an official of any other United States agency, or indirectly through any other person:

(i) In the course of an investigation or other action subject to the EAR; or

(ii) In connection with the preparation, submission, issuance, use, or maintenance of any “export control document” or any report filed or required to be filed pursuant to the EAR; or

(iii) For the purpose of or in connection with effecting an export, reexport, transfer (in-country) or other activity subject to the EAR.

(2) All representations, statements, and certifications made by any person are deemed to be continuing in effect. Every person who has made any representation, statement, or certification must notify BIS, and any other relevant agency, in writing, of any change of any material fact or intention from that previously represented, stated, or certified, immediately upon receipt of any information that would lead a reasonably prudent person to know that a change of material fact or intention has occurred or may occur in the future.

(h) Evasion. No person may engage in any transaction or take any other action with intent to evade the provisions of ECRA, the EAR, or any order, license or authorization issued thereunder.

(i) Failure to comply with reporting, recordkeeping requirements. No person may fail or refuse to comply with any reporting or recordkeeping requirement of ECRA, the EAR, or of any order, license, or authorization issued thereunder.

(j) License alteration. Except as specifically authorized in the EAR or in writing by BIS, no person may alter any license, authorization, export control document, or order issued under ECRA or the EAR.

(k) Acting contrary to the terms of a denial order. No person may take any action that is prohibited by a denial order or a temporary denial order issued by BIS to prevent imminent violations of ECRA, the EAR, or any order, license or authorization issued thereunder.

[85 FR 73416, Nov. 18, 2020]
Notes of Decisions
Cited in 8 cases (6 in the last 5 years), 2005–2026 · leading case: Fed. Express Corp. v. U.S. Dep't of Com., 39 F.4th 756 (D.C. Cir. 2022).
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Fed. Express Corp. v. U.S. Dep't of Com., 39 F.4th 756 (D.C. Cir. 2022). · cites it 14× “” 15 C.F.R. § 764.2 (b). The regulations delineate a variety of sanctions for violating these provisions, including administrative sanctions, civil penalties, denial of export privileges, and criminal punishment.”
United States v. Quinn, 401 F. Supp. 2d 80 (D.D.C. 2005). “44,025 (Au *92 gust 17, 2001); and the EAR prohibit conspiracies to violate the trade embargo, see 15 C.F.R. § 764.2 (d) (2005) (“No person may conspire or act in concert with one or more persons in any manner or for any purpose to bring about or to do any act that constitutes a…”
United States v. Peter Sotis, 89 F.4th 862 (11th Cir. 2023). “§ 2 , and 15 C.F.R. § 764.2 ; and smuggling in violation of 18 U.”
United States v. Montgomery, 441 F. Supp. 2d 58 (D.D.C. 2006). “The EAR states that “[n]o person may engage in any conduct prohibited by or contrary to, or refrain from engaging in any conduct required by, the EAA, the EAR or any order, license or authorization issued thereunder,”15 C.F.R. § 764.2(a). It covers both the action, the violation…”
De Jaray v. Lattice Semiconductor Corp. (D. Or. 2023). · cites it 2× “Individual Plaintiffs cite 15 C.F.R. § 764.2 , in relevant part, as follows: (b) .”
United States v. $299,218.48 in United States Currency (D.D.C. 2024). · cites it 2× “” 15 C.F.R. § 764.2 (g)(1)(ii). And the international money laundering statute prohibits the transfer of currency from outside to inside the United States with the intent to promote violations of the IEEPA.”
Cyanco v. Minerales de Occidente (5th Cir. 2026). · cites it 2× “In the 2 Case: 25-20087 Document: 54-1 Page: 3 Date Filed: 01/29/2026 NoT, Minosa cited violation of the aforementioned contractual provisions on account of Cyanco’s exceeding the quantity listed on the license and 15 C.F.R. § 764.2 , which prevents prohibits buyers from…”
Cyanco Int'l, LLC v. Minerales de Occidente, S.A. de C.V. (S.D. Tex. 2025). “” 15 C.F.R. § 764.2 (a). Furthermore, 15 C.”
— 15 C.F.R. § 764.2(a) — 1 case
United States v. Montgomery, 441 F. Supp. 2d 58 (D.D.C. 2006). “The EAR states that “[n]o person may engage in any conduct prohibited by or contrary to, or refrain from engaging in any conduct required by, the EAA, the EAR or any order, license or authorization issued thereunder,”15 C.F.R. § 764.2(a). It covers both the action, the violation…”
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