Export Controls & Economic Sanctions

/Overview

As companies increasingly do business on a global scale, they face new challenges with export control and sanctions compliance—from regulatory complexities shipping goods, software, technology, and services across national borders to engaging in global M&A activity; outsourcing patent applications abroad, and giving non-U.S. employees access to information. Restrictions can even apply to purely domestic transfers (deemed exports).

Our team helps clients overcome hurdles and delays that hinder transactions. We develop export compliance programs, advise on obtaining authorizations and using license exceptions, and negotiate language for clients engaging in global M&A activity. When official inquiries arise, we conduct internal investigations, prepare voluntary disclosures, and defend against civil and criminal enforcement actions.

/Representative Experience

• Oil and fuel industry, chemical additive developer: Serve as outside regulatory export counsel; represent the company before the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) on export classification matters to obtain the lowest possible and most flexible export classification for their products
• Chemical solutions developer/manufacturer: Advise on the snap-back of the Iran sanctions program and its implications, including for U.S.-owned or controlled subsidiaries, and OFAC restrictions that apply to importing from other countries
• U.S. equipment manufacturer: Developed long-term licensing strategy for the export of highly controlled equipment to German subsidiary and from there to customers worldwide; advise other subsidiaries in the U.S. on various aspects of export compliance, including ITAR compliance; liaise between the company and U.S. government staff regarding compliance matters
• U.S. manufacturer: Assist company, a producer of equipment to increase and monitor the energy efficiency of commercial vessels, with classifying products under U.S. export control laws and obtaining the lowest (most flexible) classification possible from the BIS
• Engineering equipment supplier: Drafted company-wide export compliance manual, complete with export compliance checklists, questionnaires, and other forms and sample clauses for various agreements
• Leading global speed-measurement instrument company: Manage periodic International Traffic in Arms Regulations (ITAR) filing requirements; drafted company-wide export compliance manual and advise on day-to-day export controls and sanctions questions, including pertaining to Russia Sanctions
• Leading supplier of sensors and controls: Review company-wide export compliance policies; liaise with local export control managers in the Americas, Europe, and Asia, including on de minimis calculations (e.g., in light of Huawei’s addition to the Entity List) and contractual export control clauses (e.g., vis-à-vis European car manufacturers); review periodic ITAR registration filings and assist with voluntary disclosure submissions to and proceedings before regulatory agencies