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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. We can assist you with:


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 a significant military use, such as commercial communications satellites. “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 to:

  • satisfy the registration requirements of the ITAR, including the registration of brokers;

  • develop and implement compliance programs to ensure that ITAR requirements are understood and satisfied in support of clients’ activities;

  • determine the appropriate classification for clients’ items and services under the ITAR so as to permit an understanding of the applicable licensing requirements;

  • assess and develop strategies for commercialization of technologies developed under government contracts;

  • 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 processes and procedures for audit purposes and to assess compliance;

  • 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. “Dual-use” items are items that have both a commercial and military purpose. 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;

  • review and assess export compliance processes and procedures to ensure compliance while facilitating business and technology transfers;

  • design and implement compliance programs and manuals; and

  • train employees and staff to recognize and understand export requirements.




OFAC COMPLIANCE – The Office of Foreign Asset Control Regulations (“OFAC”) of the U.S. Department of the Treasury –

The Office of Foreign Assets Regulations create requirements that govern all transactions with certain destinations. From trade embargoes to more targeted limitations, the OFAC regulations are an extensive body of law that can have a significant impact on entities in the U.S. and abroad, including businesses with foreign subsidiaries and branches that may be subject to foreign laws as well. We help clients to:

  • determine the applicability of OFAC regulations to particular programs and transactions;

  • determine what licensing may be necessary to conduct such transactions;

  • apply for and obtain license authorizations to conduct activities otherwise prohibited by the OFAC regulations;

  • conduct reviews of mergers and acquisitions to assess potential liability under OFAC regulations;

  • respond to requests for information from OFAC concerning particular transactions;

  • investigate potential OFAC violations; and

  • submit voluntary disclosures concerning OFAC matters.




Additional Expertise
Our attorneys also have experience assisting clients with:

  • matters involving U.S. Customs and Border Protection, such as seized shipments, and country of origin and marking issues;

  • issues relating to the Federal Acquisition Regulations (“FAR”) and Defense Federal Acquisition Regulation Supplement (“DFARS”) regulations that may have an impact on their activities; and

  • conducting the necessary due diligence in connection with mergers, acquisitions and divestitures involving government contractors to assess potential compliance risks and liabilities under the federal regulations.





  
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