Our Practice
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
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
Export Control Matters
- Registration, export licensing, voluntary disclosures and other compliance matters under the International Trade in Arms Regulations (ITAR) administered by the State Department. Set up manufacturing license programs (MLA) for companies who want to manufacture U.S. munitions list items abroad. ITAR controls often extend to traditionally civilian hardware and technology when they are used as components of defense articles. We have also advised companies on export control programs and record-keeping requirements.
- Export licensing and export control programs for companies shipping high tech products and related technology under Commerce Department controls. The Export Administration Regulations (EAR) provide controls for the licensing of civilian and dual use articles and technology.
- Advising companies with exports that may be subject to the controls under the Office of Foreign Assets Control (OFAC). These include exports and re-exports to countries under U.S. economic sanctions regulations (Cuba, Iran, Syria, N. Korea and several others programs of varying scope).
- Advising companies on deemed exports. Agencies enforcing export controls view these transfers of information as if they were actual exports to the foreign nationals' home countries and licensing or screening is often required.
U.S. Customs and Import Matters
- Tariff classification, valuation (transfer pricing), setting up overseas sales structures to minimize duties; use of free trade treaties such as the NAFTA, use of foreign trade zones, subzones and bonded facilities.
- Advice and compliance with Customs' new cargo security programs such as C-TPAT and "10&2" (importer security filing).
- Advice on antidumping and countervailing duty investigations and orders.
- Customs audits and penalty proceedings.
