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OVERVIEW

Our Export Controls practice includes lawyers with many years of  advising clients regarding the International Traffic in Arms Regulations (ITAR) governing defense products and technology administered by the U.S. State Department's Directorate of Defense Trade Controls (DDTC) as well as the Export Administration Regulations (EAR) governing commercial and dual-use items administered by the U.S. Commerce Department’s Bureau of Industry and Security (BIS).

Our lawyers also have significant experience in assisting clients with compliance and reporting obligations under the various sanction regimes administered by the Office of Foreign Assets Control (OFAC) of the U.S. Treasury Department and the antiboycott regulations of the Office of Antiboycott Compliance of the U.S. Commerce Department.  We provide export counseling to a wide range of industries, including shipping, defense, aerospace, electronics, telecommunications, software, and other industries producing technology products for defense, dual-use and commercial applications.

Practice areas of emphasis and representative matters are detailed below.

ITAR – Our attorneys have strong experience in working with DDTC and counseling clients on ITAR compliance issues, including export licensing and compliance, preparing Commodity Jurisdiction requests, Manufacturing License Agreements and Technical Assistance Agreements, and the development of corporate ITAR compliance programs.  We also handle enforcement issues, including government investigations (both DDTC and U.S. Department of Justice (DOJ) criminal investigations), internal company investigations and audits, and the submission of voluntary and directed disclosures.

Representative matters include:

  • Numerous voluntary and directed disclosures to DDTC regarding various ITAR compliance issues
  • Numerous internal investigations responding to whistleblower allegations of noncompliance with ITAR
  • Handling DDTC, U.S. Immigration and Customs Enforcement (ICE) and U.S. Department of Justice (DOJ) investigations regarding alleged unauthorized technical data and hardware exports
  • Obtaining licenses, MLAs and TAAs
  • Filing Commodity Jurisdiction requests with DDTC

EAR – We counsel a broad range of clients on compliance with U.S. export control of commercial/dual-use items under EAR.  We have obtained numerous export licenses and product classifications from BIS for a wide variety of products and technology.  We also submit voluntary self-disclosures to BIS's Office of Export Enforcement, develop export compliance management systems (including effective written policies and practices), conduct related audits and training, respond to BIS subpoenas, and assist with government and internal export-related investigations.

Representative matters include:

  • Preparing numerous voluntary self-disclosures to BIS
  • Handling BIS subpoenas for global companies
  • Conducting numerous internal export investigations
  • Assist several international companies with seizures and forfeitures of goods designated for export
  • Counsel manufacturer of wireless access points and switches on WAPI (Chinese encryption standard) export issues and related internal investigation
  • Counsel software developer on exports to nuclear power facilities
  • Obtain export licenses and classifications for numerous products

OFAC – We routinely counsel clients on compliance with U.S. embargoes/sanctions programs administered by OFAC, including obtaining related licenses.  We develop corporate sanctions compliance programs, including prohibited party screening mechanisms, and also conduct internal OFAC compliance training and audits.  We submit voluntary self-disclosures to OFAC and assist companies in responding to OFAC, BIS and SEC investigations regarding trade embargo compliance issues.

Representative matters include:

  • Obtain OFAC specific license for payment to blocked account under OFAC sanctions against Libya
  • Counsel client in responding to OFAC subpoena related to the Cuban Assets Control Regulations and developing related compliance program and training
  • Submit voluntary self-disclosure to OFAC for client regarding potential unauthorized export of products to Iran
  • Handle several OFAC investigations, including investigations conducted by OFAC and SEC regarding potential violation of sanctions programs involving business in Iran, Syria and Sudan
  • Develop highly sophisticated OFAC and other sanctions compliance programs for global corporations, including multinational shipping company

Antiboycott Compliance – We counsel companies on compliance with U.S. antiboycott regulations (part of EAR), including filing of related reports, developing internal compliance policies and procedures and conducting related training.

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