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 Your GPS can't keep up, the road signs are outdated and yesterday's map is already wrong today.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 will be like to export goods in 2026 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.
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:
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.
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:
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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:
Even well-meaning exporters run into compliance trouble. Here are five of the most common missteps:
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.
Our all-in-one platform is built for exporters who want to simplify compliance and documentation in one place:
Request a free demo to see how it works.
For companies that want focused support in key compliance areas, Shipping Solutions also offers these modules:
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.
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This article was first published in May 2016 and has been updated to include current information, links and formatting.