In an EXW sale from the United States, who holds the responsibility for export compliance?

In an Ex Works (EXW) sale, the seller's responsibility is limited to making the goods available at their premises for the buyer to collect. However, it is standard practice that the seller also maintains compliance with export regulations and documentation up until the point of delivery.

In this context, the seller is responsible for ensuring that the goods are legally exportable and that all necessary export documentation is prepared and provided to the buyer. Export compliance involves adhering to relevant laws and regulations, which include providing information regarding items that may be controlled or require special export licenses.

The buyer's role generally begins once the goods are made available for pickup. After that, they take on the responsibility for transportation and further compliance related to imports and handling in their country. This clear delineation of responsibilities for compliance highlights why the seller retains the duty to ensure export compliance before the transfer of possession is complete.