International Trade – Export Controls and Economic Sanctions

Our professionals have assisted clients on the following representative matters:

• Provided numerous clients in a wide range of affected industries with advice and guidance on export controls and sanctions implemented in response to the invasion of Ukraine. Guidance includes advising U.S. and foreign entities on the applicability of the OFAC sanctions and EAR and ITAR license requirements relating to Russia, Belarus and covered regions of Ukraine and a wide variety of related issues.
• Guided a client through responses to OFAC subpoenas regarding embargoed country activities, conducted a related internal investigation and developed a comprehensive export control and embargo/sanctions compliance program for the client, leading OFAC to close the case without penalty.
• Advised a leading private equity firm, which focuses on acquisitions in the defense, aerospace, and maritime sectors and its portfolio companies on all aspects of international trade and other regulatory matters, including government contracts and defense security compliance matters. Representations included conducting buyer due diligence, coordinating preparation of responses to seller due diligence requests, drafting relevant provisions of the purchase and sale agreements, advising on possible application of various regulatory regimes, and coordinating pre- and post-closing notices to regulatory agencies, as well as advising the client on the acquisition of a business subject to a U.S. Department of State Consent Agreement. For the portfolio companies, representations included preparing export jurisdictional and classification requests, drafting compliance policies and procedures, conducting internal reviews, and preparing voluntary disclosures.
• Represented companies throughout all phases of their requests for removal from the BIS Entity List.
• Counseled a U.S. developer of electric aircraft on an array of export controls issues, including export jurisdiction and classification analyses of the company’s products and technologies, as well as implementation of export control policies and procedures, and provided related training.
• Advised a range of companies, U.S. and foreign, on U.S. export controls and sanctions laws and regulations relating to China, including ownership of parties and scope of the foreign direct product and military end-use and end-users rules.
• Represented numerous victims of cybersecurity incidents in connection with disclosures and notices to export control agencies and the Department of Defense.
• Obtained licenses under the EAR’s expanded “Entity List” Foreign Direct Product Rule for U.S. and foreign companies.
• Represented companies in connection with ITAR registrations, including submitting and renewing registrations, making required filings under the ITAR due to the intended sale or transfer to a foreign person of ownership or control and preparing other filings related to material changes.
• Assisted a large aerospace parts manufacturer in the development and implementation of an enhanced export compliance program, with special emphasis on recently acquired operations.
• Counseled the corporate and maritime registries of a foreign nation and their U.S. contractor regarding the implications of various U.S. sanctions applicable to U.S. and non-U.S. persons in connection with the provision of services to registered vessels.
• Obtained immigration visas and related deemed export licenses for foreign national employees of numerous clients and provided counseling on compliance with “deemed export” rules applicable to such employees.