US Export Controls
Areas of Expertise
Whether you are a large or small business or an academic institution providing hardware, software or technical assistance and services, the U.S. export regulations govern your activities in the United States and abroad. We have worked with prime defense contractors as well as first, second and third-tier subcontractors. Effective compliance with U.S. export regulations can help to facilitate transactions and avoid unnecessary risks and liabilities.
ITAR Compliance –
The International Traffic in Arms Regulations (“ITAR”) of the U.S. Department of State:
These regulations govern defense articles and related technical data and defense services as well as certain commercial items that have been determined to have significant military use. “Intangible” transfers of data and services, whether in hardcopy or electronically transferred by fax, e-mail or voice, constitute exports under the ITAR and are increasingly the focus of enforcement actions by the U.S. Government. We regularly assist clients with:
- Develop and implement compliance programs to ensure that ITAR requirements are understood and satisfied in support of clients’ activities
- Determine the appropriate jurisdiction and classification for clients’ items and services under the ITAR so as to permit an understanding of the applicable licensing requirements
- Satisfy the registration requirements of the ITAR, including the registration of brokers
- Identify, obtain, and utilize required export authorizations from the Department of State
- Implement training programs for employees and staff involved in international transactions
- Review export compliance programs, processes, procedures, and practices for audit purposes and to assess compliance with the ITAR and other regulatory requirements
- Assess and develop strategies for commercialization of technologies developed under government contract
- Review and assess compliance posture as part of due diligence activities conducted for merger and acquisition transactions
- Assist with the transfer of licenses and authorizations held by newly acquired companies
- Conduct investigations of potential export violations, and assist with voluntary disclosures of violations to the Department of State and negotiate closure of compliance and enforcement matters
EAR Compliance –
The Export Administration Regulations (“EAR”) of the U.S. Department of Commerce:
These regulations, in some fashion, govern nearly all commercial and “dual-use” items as well as certain defense-related items. We work with clients to:
- Identify the appropriate classification and licensing requirements for their products and technologies
- Assess the impact of deemed export requirements on hiring processes and day-to-day activities
- Determine how licensing requirements apply to proposed transactions, including transactions with sensitive destinations such as China
- Review and assess export compliance processes and procedures to ensure compliance while facilitating business and technology transfers
- Design and implement compliance programs and manuals
- Train employees and staff to recognize and understand export requirements
