Unfair Gaps🇺🇸 United States

Computer Networking Products Business Guide

4Documented Cases
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All 4 Documented Cases

Delayed revenue recognition from export-license and classification bottlenecks on networking equipment

Typically tens to hundreds of thousands of dollars in delayed cash flow per large export-controlled deal, aggregating to millions annually for high‑volume exporters

Computer networking vendors subject to EAR must classify products under Category 5 (telecommunications/networking), assign ECCNs, and obtain licenses through BIS’s SNAP‑R system before shipping to certain countries or end users. Manual classification and license processing delays shipments and pushes out invoicing, extending days sales outstanding for international networking deals.

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Engineering and operations capacity drained by manual export-control workflows for network products and data

Typically multiple FTEs worth of engineering/IT capacity per year at mid‑to‑large exporters, representing hundreds of thousands of dollars in opportunity cost

ITAR/EAR controls require tightly managing which personnel can access controlled technical data, including hardware specifications, network designs, and source code, and often mandate U.S.‑person‑only access and strong enclave controls. Networking companies that manage these requirements with ad‑hoc processes and legacy systems repeatedly divert engineering and IT staff to segregate data, reconfigure tools, and perform manual access reviews instead of focusing on core R&D and operations.

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Misclassification of networking products leading to either over‑control costs or under‑control penalties

Over‑control: significant recurring cost in unnecessary licensing work and lost deals; under‑control: exposure up to multi‑million‑dollar fines per enforcement case plus legal and remediation costs

Dual‑use networking and telecommunications items are governed under EAR and must be classified on the Commerce Control List, but many products appear similar to ‘low‑risk’ commercial equipment. Without accurate ECCN assignment and clear jurisdiction decisions, companies either over‑classify and over‑license benign products, incurring avoidable costs and delays, or under‑classify controlled items headed to sensitive end users, creating exposure to enforcement actions.

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EAR export violations on networking and interconnect products triggering multi‑million‑dollar fines

$5.8M civil penalty in 2024 in one case, plus ongoing legal, remediation, and compliance-program costs

Large networking-component manufacturers have been repeatedly fined for exporting seemingly low‑level connectors, wiring, and electronic components used in computer networking and communications to restricted Chinese military-linked end users without required EAR licenses. These parts are classified under Category 5 (telecommunications/networking) dual‑use controls, so misclassification, screening failures, or inadequate end‑use checks lead directly to EAR enforcement actions.

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