Export Controls and Economic Sanctions
Our Practice - What We Do
United States laws on export controls and economic sanctions apply to transfers of controlled products and technology and to transactions and services with foreign persons and entities. These laws restrict certain activities by United States persons, direct exports to foreign parties, and the provision of technical information via visual or oral disclosures to foreign parties on domestic soil, known as "deemed exports." Individuals and their companies face strict liability for violations of these regulations, and inadvertent deemed exports can occur in the course of regular business activities, such as plant tours and hiring decisions.
Our attorneys offer analysis and advisement on the impact of export controls and economic sanctions on exports, re-exports, and foreign direct investment activities for all sizes and types of businesses. Our general compliance analysis includes audits to determine compliance levels and areas of risk based on a company’s industry, product line, customer base, and existing corporate export management systems. We can also assist in:
- Preparing export management policies and procedures, including process flow systems for screening transactions;
- Preparing compliance manuals and providing training for management staff and employees;
- Preparing and filing applications for commodity jurisdiction rulings from the Department of State to ascertain whether goods are subject to the export regulations administered by the Department of State or the Department of Commerce;
- Finding the proper classifications and applicable licensing requirements for a particular good or technology;
- Preparing and assisting in filing licenses for export and assistance in communicating with regulatory authorities during the interagency license review process;
- Ensuring on-going compliance with license terms and conditions; and
- Developing and implementing remedial strategies and actions following the detection of export controls and economic sanctions violations.
Our attorneys can further assist in preparing Technical Assistance Agreements, Manufacturing License Agreements, and Warehouse and Distribution Agreements, as well as in monitoring agreements through the approval process at the Department of State Directorate of Defense Trade Controls, Department of Defense, and other relevant government agencies. We can also assist in mergers and acquisitions involving foreign interests and controlled technologies by:
- Reviewing letters of intent, nondisclosure, and other agreements to ensure inclusion of export control and economic sanctions safeguards and compliance with applicable regulations;
- Auditing current license requirements and identifying whether licenses are required prior to the exchange of information necessary to due diligence and other expected transfers of technology;
- Performing pre-acquisition due diligence audits to protect acquiring companies from successor liability for past export control and economic sanctions violations by a target company; and
- Submitting license and registration notifications, amendments, and agreement novations, and developing an export controls transition plan to ensure continuity of post-acquisition business operations.
Our Attorneys - Who We Are
Each of our attorneys is dedicated to providing our clients with superior legal services on a timely, effective, and cost-efficient basis while maintaining the highest standards of professional integrity. We aggressively identify and meet our clients’ needs. Using the latest technological advances, we can enhance and expedite client requests and interactions.
Our Experience - What We've Done
- Representation and consultation of firearms and defense article manufacturers in compliance with Alcohol Tobacco, Firearms, and Explosives and Arms Export Controls Act requirements
- Representation and consultation of manufacturers in exports of defense articles and wireless telemetry products to Australia, Canada, England, and the Middle East
- Representation and consultation of electronics manufacturers in analysis of commodity jurisdiction and commodity classification requests to the Department of State Directorate of Defense Trade Controls and Department of Commerce Bureau of Industry and Security