Compliance with federal export control regulations requires significant and specific experience with rules administered by agencies at the highest levels, including the U.S. Department of State.
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Compliance with federal export control regulations requires significant and specific experience with rules administered by agencies at the highest levels, including the U.S. Department of State.
Companies providing defense products and technology are subject to International Traffic in Arms Regulations (ITAR) governing defense products and technology administered by the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC). They also may be accountable to 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).
Perkins Coie’s Export Control lawyers draw on years of experience advising clients regarding these regulations. We also assist clients with compliance and reporting obligations under the various sanction regimes administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the antiboycott regulations of the U.S. Commerce Department’s Office of Antiboycott Compliance. The team provides counseling to clients in a wide range of industries, including shipping, defense, aerospace, electronics, telecommunications, software, and others that produce technology products for defense, dual-use, and commercial applications. Areas of emphasis and representative experience include the following:
Companies providing defense products and technology are subject to International Traffic in Arms Regulations (ITAR) governing defense products and technology administered by the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC). They also may be accountable to 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).
Perkins Coie’s Export Control lawyers draw on years of experience advising clients regarding these regulations. We also assist clients with compliance and reporting obligations under the various sanction regimes administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the antiboycott regulations of the U.S. Commerce Department’s Office of Antiboycott Compliance. The team provides counseling to clients in a wide range of industries, including shipping, defense, aerospace, electronics, telecommunications, software, and others that produce technology products for defense, dual-use, and commercial applications. Areas of emphasis and representative experience include the following:
International Traffic in Arms Regulations (ITAR)
Our lawyers have extensive experience working with DDTC and counseling clients on ITAR compliance issues, including export licensing and compliance, preparing commodity jurisdiction (CJ) requests, manufacturing license agreements (MLAs) and Technical Assistance Agreements (TAAs), and developing corporate ITAR compliance programs. Our team also handles enforcement issues, including government investigations (both DDTC and U.S. Department of Justice (DOJ) criminal investigations), internal company investigations and audits, and voluntary and directed disclosure submissions.
Representative Experience
- Preparing voluntary and directed disclosures to DDTC regarding various ITAR compliance issues.
- Conducting internal investigations and respond to whistleblower allegations of noncompliance with ITAR.
- Handling DDTC, U.S. Immigration and Customs Enforcement (ICE), and DOJ investigations regarding alleged unauthorized technical data and hardware exports.
- Obtaining licenses, MLAs, and TAAs.
- Filing Commodity Jurisdiction requests with DDTC.
Export Administration Regulation (EAR)
Our lawyers counsel a broad range of clients on compliance with U.S. export control of commercial/dual-use items under EAR and have obtained numerous export licenses and product classifications from BIS for a wide variety of products and technologies. The team also submits voluntary self-disclosures to BIS’s Office of Export Enforcement, develops export compliance management systems (including effective written policies and practices), conducts related audits and training, responds to BIS subpoenas, and assists with government and internal export-related investigations. When companies require counsel on compliance with U.S. antiboycott regulations, our lawyers provide experienced guidance, including filing related reports, developing internal compliance policies and procedures, and conducting related training.
Representative Experience
- Preparing numerous voluntary self-disclosures to BIS.
- Handling BIS subpoenas for global companies.
- Conducting internal export investigations.
- Assisting international companies with seizures and forfeitures of goods designated for export.
- Obtaining export licenses and classifications for numerous products.
- Counseling manufacturer of wireless access points and switches on WAPI (Chinese encryption standard) export issues and related internal investigation.
- Counseling software developer on exports to nuclear power facilities.
Office of Foreign Assets Control (OFAC)
Our lawyers routinely counsel clients on compliance with U.S. embargoes/sanctions programs administered by OFAC, including obtaining related licenses. They develop corporate sanctions compliance programs, including prohibited party screening mechanisms, and conduct internal OFAC compliance training and audits. The team submits voluntary self-disclosures to OFAC and assists companies in responding to OFAC, BIS, and SEC investigations regarding trade embargo compliance issues.
Representative Experience
- Obtaining OFAC-specific license for payment to blocked account under OFAC sanctions against Libya.
- Counseling client in responding to OFAC subpoena related to the Cuban Assets Control Regulations and developing related compliance program and training.
- Submitting voluntary self-disclosure to OFAC for client regarding potential unauthorized export of products to Iran.
- Handling several OFAC investigations, including investigations conducted by OFAC and SEC regarding potential violation of sanctions programs involving business in Iran, Syria, and Sudan.
- Developing sophisticated OFAC and other sanctions compliance programs for global corporations, including a multinational shipping company.
