By: Danielle Hatch
In December 2019 the Department of Justice (DOJ) released a policy, through the National Security Division’s (NSD) Counterintelligence and Export Control Section (CES) that sets forth the criteria that will be used in determining solutions for organizations that make a voluntary self-disclosure (VSD) in export controls and/or sanctions matters. This new policy supersedes the Justice Department’s “Guidance Regarding Voluntary Self-Disclosures, Cooperation, and Remediation in Export Control and Sanctions Investigations Involving Business Organizations,” from October 2016.
The six-page document defines exactly what is considered a Voluntary Self-Disclosure, what constitutes Full Cooperation, Timely and Appropriate Remediation, as well as Potential Aggravating Factors.
One important caveat to remember is that when a company identifies potentially willful conduct, but chooses to self-report only to a regulatory agency and not to DOJ, the company will not qualify for the benefits of a VSD under this Policy in any subsequent DOJ investigation.