Our attorneys handle export compliance matters involving the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and Arms Export Control Act (AECA).
The U.S. government monitors and regulates the transfer of goods, technology, software, services, and information to foreign nationals and foreign destinations. Our government-trained attorneys have experience in the areas of compliance with U.S. export laws, regulatory compliance, export restrictions, and government inquiries and investigations.
Counseling and Licensing
Companies exporting advanced scientific and manufacturing equipment, or certain software and software systems, are especially likely to be subject to licensing requirements, particularly if the technology has military, law enforcement, or counterterrorism applications. We help clients determine if a license is needed, obtain classifications from the U.S. Bureau of Industry and Security (BIS), prepare Office of Foreign Assets Control (OFAC) license applications, and file the applications with the BIS. We identify general authorizations and license exceptions that can save time, expense, and management resources. Further, we advise employers regarding Part 6 of the new Form I-129, the Petition for a Nonimmigrant Worker, effective February 20, 2011.
We have significant experience establishing, refining, and strengthening clients’ export control compliance programs. A well-designed and -managed program can help prevent situations that trigger a government investigation and mitigate consequences if one occurs. We provide practical advice tailored to export control issues facing boards and management of universities, private employers, military contractors, and subcontractors, as well as publicly held companies and companies preparing to go public. We help our clients establish structures, procedures, and compliance programs adapted to avoid violations of export laws.
Investigations and Enforcement
A company can mitigate the potential for violations by implementing a compliance program tailored to the nature of its business. Should violations occur, prompt due diligence and voluntary disclosures are useful in alleviating penalties. We draft directed disclosure responses and voluntary disclosures on behalf of clients for the U.S. State Department, advise on ITAR and export control matters as they relate to foreign persons, conduct compliance programs in export control/ITAR matters, and represent clients in investigations involving the U.S. Department of Commerce, U.S. Customs and Border Protection, Office of Foreign Assets Control, and Federal Bureau of Investigation. We have also worked with clients in making voluntary disclosures to the government when necessary.