How to Build an Export Compliance Program That Keeps Up With 2025 Regulations

Imagine setting out on a road trip only to discover the roads keep shifting beneath your tires. Your GPS can't keep up, the road signs are outdated and yesterday's map is already wrong today. That's what it's like to export goods in 2025 without an active, up-to-date Export Compliance Program (ECP).

Global trade regulations are evolving at a blistering pace, and the United States—under the current Trump administration—has doubled down on enforcement and new export restrictions. Sanctions, licensing requirements and tariffs shift constantly. If your company isn't tracking these changes and adjusting procedures accordingly, you're putting your business at risk.

Small and midsize exporters are not exempt. In fact, they often lack the internal resources to keep up—making them even more vulnerable to violations, audits and penalties.

An ECP is a living, evolving system that keeps your business compliant, agile and protected in a fast-changing global trade environment. In the sections that follow, we’ll break down what an ECP is, why you need one, how to build it, and how to make sure it adapts as quickly as regulations do.

Why Export Compliance Matters More Than Ever in 2025

The penalties for getting export compliance wrong are growing—and so is the likelihood of getting caught.

Agencies like the Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP) and the Office of Foreign Assets Control (OFAC) are now conducting more audits, issuing more penalties and targeting exporters across all sectors, not just those in defense or technology.

Here's just some of what's changed recently:

• More aggressive use of civil and criminal penalties for non-compliance
• Expanded use of the False Claims Act, allowing whistleblowers and the Justice Department to pursue cases where exporters knowingly submit incorrect data (especially misclassification, false country of origin and incorrect values)
• Lower tolerance for self-disclosure errors when companies cannot demonstrate a functioning, written ECP

Exporters can no longer treat compliance as a static checklist. Every new regulation, license determination or classification update means your procedures must evolve, and your people need to be aware of the change.

What Is an Export Compliance Program (ECP)?

An Export Compliance Program (ECP) is a formal, written set of policies and procedures designed to ensure your company complies with all applicable U.S. export regulations. It’s not just about having rules on paper—it’s about integrating compliance into the everyday operations of your business.

According to the Bureau of Industry and Security (BIS), an ECP “analyzes pieces of information and individual decisions and builds them into an organized, integrated system.” In other words, it connects the dots between your products, your customers, your shipments and the laws governing them all.

An effective ECP should:

• Define clear responsibilities and procedures for every stage of the export process
• Provide ongoing training for employees across departments
• Ensure consistent screening and classification practices
• Enable timely updates as laws and codes change
• Establish a culture of compliance at every level of the company

Note: You may also see the term EMCP (Export Management and Compliance Program) used in older documents. BIS now uses ECP, but the goal remains the same: a documented, auditable and effective system to ensure export compliance.

The 8 Key Elements of an Effective Export Compliance Program

BIS has identified eight core elements that form the backbone of an effective Export Compliance Program. Each element is designed to help companies of all sizes proactively manage compliance risks and adapt to regulatory change:

1. Management Commitment

Senior leadership must actively support and champion export compliance. This includes providing adequate resources, establishing a tone of compliance from the top and ensuring company-wide participation in the ECP.

2. Risk Assessment

Regularly evaluate your company’s export activities to identify vulnerabilities. This includes reviewing products, destinations, customers and internal processes to pinpoint potential compliance gaps. BIS recommends conducting risk assessments at least annually.

3. Export Authorization Procedures

Develop and implement written procedures for jurisdiction determination, product classification, licensing requirements and screening practices. These processes help prevent unauthorized exports and ensure compliance with U.S. law.

4. Recordkeeping

Assign responsibilities and maintain accurate, complete records in accordance with EAR §762. Good recordkeeping supports due diligence and protects your business during audits or investigations.

5. Training

Provide regular export compliance training for all employees involved in the export process, including support staff. This ensures everyone stays informed about evolving regulations and understands their role in maintaining compliance.

6. Audits

Conduct regular audits to assess whether your export procedures are being followed and whether your ECP is effective. Use findings to identify weaknesses and improve your program.

7. Handling Export Violations and Taking Corrective Actions

Have a clear process in place for identifying, reporting and resolving compliance issues. Include steps for preventing recurrence, documenting actions taken and self-disclosing violations when appropriate.

8. Build and Maintain Your ECP

Treat your ECP as a living document. Update it regularly to reflect changes in your operations, export activities and regulatory requirements. Your ECP should evolve alongside your business and the export landscape.

How to Build (or Improve) Your ECP in 2025

We explain how to develop a compliant, flexible ECP in our free guide: How to Create and Implement an Export Compliance Program.

For those looking for a quick overview, here are the key steps:

Step 1: Assess What You Already Have

• Inventory your current export procedures and documentation.
• Identify who is involved in the export process across departments.
• Pinpoint gaps, outdated procedures, or unassigned responsibilities.

Step 2: Form a Cross-Functional Compliance Team

• Include staff from sales, logistics, legal, operations, and IT.
• Appoint a designated export compliance officer with authority.
• Ensure the compliance team has executive backing.

Step 3: Draft or Update Written Procedures

• Address classification, licensing, screening, documentation, and recordkeeping.
• Use visuals like flowcharts and checklists.

Step 4: Train Everyone Who Touches Exports

• Provide role-specific, regularly updated training.
• Document all training activity.

Step 5: Implement Automation Where Possible

• Use software like Shipping Solutions to automate tasks.
• Reduce human error and stay responsive to change.

Step 6: Conduct Regular Internal Audits

• Establish a cadence for audits and spot checks.
• Use results to drive continuous improvement.

Step 7: Keep the Program Current

• Update procedures regularly based on new regulations.
• Retrain staff and update documentation as needed.

Where Most Exporters Fall Short

Even well-meaning exporters run into compliance trouble. Here are five of the most common missteps:

• Over-relying on freight forwarders instead of owning compliance responsibilities internally
• Failing to track HTS and ECCN updates, leading to misclassifications
• Inadequate training for departments beyond the compliance team
• Poor or incomplete recordkeeping that falls short of EAR §762 requirements
• Treating the ECP as a static document rather than a living, evolving system

Tools to Help Your Export Compliance Program

An effective Export Compliance Program is only as strong as the systems that support it. Shipping Solutions offers both complete export documentation and compliance software and a set of standalone trade compliance tools to help you implement your ECP effectively and keep it current.

Shipping Solutions Export Documentation & Compliance Software

Our all-in-one platform is built for exporters who want to simplify compliance and documentation in one place:

• Create Accurate Export Documents
  Generate commercial invoices, packing lists, certificates of origin and more—without duplication or manual errors.
• File EEI through AESDirect
  File your Electronic Export Information (EEI) directly from within the software.
• Built-In Compliance Checks
  Automatically screen all parties against restricted and denied party lists, classify your products, and identify license requirements based on destination and product.
• Audit-Ready Recordkeeping
  Keep a complete history of compliance checks, approvals, and filings for every transaction.

Request a free demo to see how it works.

Standalone Trade Compliance Tools

For companies that want focused support in key compliance areas, Shipping Solutions also offers these modules:

• Product Classification
  Find the correct HS, HTS and ECCN codes for your goods, along with applicable duty rates.
• Restricted Party Screening
  Quickly check all parties in your transaction against global watch lists.
• Export Controls
  Identify whether your export requires a license, and understand what exceptions may apply.
• Import Controls
  Understand which licenses, certifications or permits are required to legally import goods.
• Landed Cost Calculator
  Calculate total landed cost and compare sourcing options from up to five countries—perfect for importers and exporters looking to price competitively.

Request a free trial here.

In a world of shifting rules and rising enforcement, exporters with a strong compliance foundation will lead the way. Make sure you’re one of them.

Like what you read? Join thousands of exporters and importers who subscribe to Passages: The International Trade Blog. You'll get the latest news and tips for exporters and importers delivered right to your inbox.

This article was first published in May 2016 and has been updated to include current information, links and formatting.