Export controls apply in one manner or another to a wide variety of products, and are not limited to high-tech products such as software and computers. The restrictions apply in varying degrees depending on the nature of the product, its ultimate destination, and its intended end use. The controls apply to many items that have a potential "dual use" in commercial and military applications that may not be readily apparent. Restrictions can also apply to technical information accessed by or transferred to off-shore vendors, off-shore employees of U.S. companies, and even to non-US persons (including employees of U.S.-based firms) located within the United States.
In conjunction with export controls, the use of international economic sanction programs has grown tremendously over the past ten years. These programs impose severe restrictions on international and domestic operations by targeting individual countries and specially designated nationals (SDNs), who are individuals and corporations located worldwide identified under one of the sanction programs or legislation. Violations of export controls and/or sanction programs can result in criminal and civil penalties, seizure and forfeitures. (view)
The firm provides advice with respect to export and import restrictions enforced by the Directorate of Defense Trade Controls, , Bureau of Industry and Security (BIS) and the Office of Foreign Assets Control (OFAC) as well as foreign licensing and other requirements. The firm assists clients in obtaining licenses and clearances prior to transactions. We also work with foreign counsel to expedite the entry and release of exported merchandise. The firm provides counsel on:
- BIS, DDTC and OFAC License applications
- Commodity Jurisdiction and BIS classification rulings
- Product clearances
- Voluntary Self Disclosures and Export Compliance programs
- Defense of Investigations, Penalty Assessments and License revocation proceedings
- Structuring of operations to assure compliance with international sanction programs and legislation (i.e., Helms-Burton, Foreign Corrupt Practices Act, etc.)
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Export Controls and Sanction Programs