Our export compliance lawyers advise foreign and domestic clients on a wide range of export control regulations, including rules governing re-exports of U.S. origin articles, technology and software controls and assist them in obtaining necessary licenses and rulings. We also counsel clients on the application of various economic sanctions programs, administered primarily by the Departments of the Treasury, State, and Commerce, to the activities of U.S. and foreign companies. Economic sanctions programs not only target countries such as Cuba, Iran, North Korea, Syria, and Sudan but also various individuals and entities, such as those identified as terrorists or narcotics traffickers.
We assist in initial evaluations of new or existing products or technologies to determine which agencies may have jurisdiction to regulate their export or transfer of related technology. We prepare and submit commodity jurisdiction determinations and classification requests. Our lawyers also have substantial experience advising clients regarding licensing. We provide our clients with evaluations of eligibility for various license exceptions or exemptions based on the nature of the item or technology, the proposed end-use and the end-user.
Our lawyers have substantial experience assisting clients in complying with export controls and sanction regulations, including the International Traffic in Arms Regulations, the Export Administration Regulations and the foreign policy regulations issued by the Office of Foreign Assets Control. We provide advice on the interpretation and application of regulations based on client needs. We also conduct export compliance audits for our clients, and have experience in providing training tailored to our clients’ individual export control issues and concerns.
In addition to conducting internal investigations related to alleged export control or sanctions violations for our clients, we have defended both individuals and companies involved in investigations and enforcement proceedings before all major regulatory agencies. Our lawyers frequently assist in the preparation of voluntary disclosures of potential regulatory violations, respond to directed disclosures and administrative subpoenas and assist in developing and implementing corrective action plans.
Classification and Licensing
Assisted a major medical device and pharmaceutical manufacturer with a global risk assessment of its trade compliance operations. The review included sites in North America, South America, Asia and Europe. Our lawyers assessed the strength of the firm’s existing compliance programs and internal processes, identified deficiencies, and made recommendations for risk mitigation and enhancement. As a result, the client developed and implemented shared best practices across its organization and made significant improvements to its compliance program.