Export controls compliance
You don’t have to navigate the complex maze of export controls alone. With substantial experience representing clients before all federal agencies involved in the control of exports, as well as numerous independent and intelligence community agencies, we can work with you on counseling, administrative, litigation and public policy issues that arise across the full range of U.S., foreign and international export controls and trade sanctions. Services include:
- Advising foreign and domestic clients on controls over defense, commercial and dual use goods, services and technology
- Assisting clients in obtaining necessary licenses and rulings from the appropriate agencies
- Counseling clients on the application of economic sanctions programs
- Obtaining licenses or other authorization for transactions covered by sanctions regulations
- Assisting clients in obtaining the release of blocked funds
- Representation in enforcement proceedings
- Guidance on impacting the public policy-making process at the legislative and administrative levels
- Classification and licensing assistance
- Initial evaluations of new or existing products or technologies to determine regulation jurisdiction
- Prepare and submit commodity jurisdiction determination classification requests
- Evaluate export eligibility for various license exceptions
- Selecting licensing mechanisms
- Drafting applications to achieve desired flexibility
- Advice on the interpretation and interaction of various regulations
- Designing export compliance programs, policies, procedures and conduct export compliance audits
- Customized seminars and training
- Enforcement and litigation
- Conducting internal investigations related to export control or sanction violations
- Defense for companies involved in investigations and enforcement proceedings
- Preparation of voluntary disclosures and corrective action plans
- Negotiating agreements with government agencies regarding penalties and pending and future export authorization
- Foreign and multilateral controls
- Tracking changes in export and licensing laws of foreign countries
- Dealing with effect of decision in multilateral agencies and organizations
- Analyzing the impact of sanctions
- International mergers and acquisitions
- Due diligence
- Assessing export control risks
- Guidance through national security reviews
- Negating foreign ownership, control and influence
- Advised manufacturer of night vision equipment on export licensing matters and assisted client in registering with and obtaining licenses from appropriate federal agencies to obtain export licenses.
- Assisted numerous clients concerning determination of export licensing requirements for their products and assisted clients in preparation of license applications, Technical Assistance Agreements (TAAs) and Manufacturing License Agreements (MLAs) when needed.
- Provided training sessions/programs to management, sales and marketing employees of global manufacturer regarding EU competition laws, FCPA compliance, anti- boycott laws and U.S. economic sanctions.
- Advised multiple clients in matters raising potential issues under Foreign Corrupt Practices Act
- Assisted numerous foreign purchasers of U.S. companies, as well as multiple U.S. companies selling to foreign buyers, with preparing and filing voluntary notices to the Committee on Foreign Investment in the U.S. (CFIUS).
- Advised several foreign purchasers concerning the negotiation of agreements with Committee on Foreign Investment in the U.S. (CFIUS) and Department of Defense (DOD) to mitigate Foreign Ownership, Control and Influence (FOCI) and enable acquisition of U.S. companies and assets.
- Prepared export compliance manuals and policies for multiple clients containing practical guidance for employees concerning application and requirements of International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), Office of Foreign Assets Control (OFAC) regulations, and related executive orders.
- Assisted global manufacturer with preparation of voluntary disclosure to U.S. Department of Commerce Bureau of Industry and Security (BIS) regarding violation of anti- boycott laws.
- Advised aircraft parts manufacturer concerning effect of President’s Export Control Reform Initiative and impact of regulatory changes on the export classifications of its products.
- Prepared International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) compliance training materials and gave presentations to company employees and executives regarding same.
- Assisted international logistics provider with preparation of voluntary disclosure to U.S. department of Commerce Bureau of Industry and Security (BIS) regarding violation of Export Administration Regulations (EAR).
- Assisted global defense manufacturer in preparation of consent agreement with U.S. State Department Directorate of Defense Trade Controls (DDTC) stemming from International Traffic in Arms Regulations (ITAR) violations.
- Supervised internal investigation and prepared resultant voluntary disclosure by international retail goods provider to U.S. Census Bureau concerning violations of Automated Export System (AES) filing requirements under Foreign Trade Regulations (FTR).
- Assisted client with internal investigation of potential violations of federal and state customs regulations governing the importation of products derived from endangered and threatened wildlife species.
- Conducted internal investigation of violations of U.S. economic sanctions by global NYSE listed company; pre- pared voluntary disclosure to U.S. Department of Treasury Office of Foreign Assets Control (OFAC) regarding same.
- Advised multiple clients concerning violations of International Traffic in Arms (ITAR) regulations and prepared voluntary disclosures to U.S. State Department Directorate of Defense Trade Controls (DDTC) in order to obtain reduced penalties and fines.
- Assisted several domestic companies in filing required notices with U.S. State Department Directorate of Defense Trade Controls (DDTC) concerning their mergers, acquisitions and divestments to foreign buyers.
- Advised manufacturer of nuclear components and parts concerning application of regulations governed by Nuclear Regulatory Commission (NRC) and assisted client in obtaining necessary licenses and export authorizations.