What Is Restricted Party Screening?

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A restricted party is any individual, company, or organization prohibited by federal law to receive export-controlled items, information, or technology.  The U.S. Departments of State, Commerce, and the Treasury, as well as other federal agencies, each maintain lists of restricted parties.

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There are several reasons why a person or company may be added to a restricted party list. For example, they may be a terrorist organization or affiliated with such an organization, they may have a history of corrupt business practices, or they may otherwise pose a threat to national security.

Every exporter must do their due diligence to confirm that the parties they are engaging in trade with are not on any restricted party list.  It is the company’s responsibility to ensure that the business stays on the right side of the law.

The Consolidated Screening List (CSL) is a list of parties for which the United States Government maintains restrictions on certain exports, reexports, or transfers of items.

There are very serious consequences for engaging in business with a company, organization, or individual that is on a restricted party list. It is the responsibility of the exporter to make sure that products and goods do not end up in the possession of an entity that is on a restricted party list. For this reason, you should perform a Denied Party Screening on every single business transaction that is made with an entity that you haven’t previously worked with. Fines and penalties include:

  • Up to a 1 million dollar fine per violation in criminal cases
  • A penalty of either $250,000 or twice the value of the transaction (whichever is greater) is imposed on administrative cases
  • Those who are convicted of a criminal offense may serve a maximum 20-year sentence in prison.
  • Those accused of administrative violations may have their export privileges revoked

If you do come across an entity that is on a restricted party list, it is strongly advised that you contact the agency that published the list so that you can bring it to their attention that the particular entity is attempting to conduct transactions with businesses that it isn’t allowed too. If you are convicted of being in non-compliance with export rules and regulations, it can have devastating effects on your business and is something you want to avoid at all costs. 

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