Our attorneys advise clients on the full array of U.S. export control and economic sanctions laws including under the Arms Export Control Act and the International Traffic In Arms Regulations (ITAR), the Export Administration Regulations (EAR), the U.S. sanctions programs administered by the Office of Foreign Assets Control (OFAC), the munitions import control regulations administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), the U.S. antiboycott regulations, the Foreign Corrupt Practices Act (FCPA) and the Committee on Foreign Investment In the United States (CFIUS).
We have significant experience advising on the specialized export control requirements for companies in the government contracts, defense, homeland security, intelligence and private security industries, including the overlap with regulation by the Defense Counterintelligence and Security Agency on Foreign Ownership, Control or Influence (FOCI) issues, security and facility clearances and regulations under CFIUS.
We also counsel clients on the export control issues arising in merger and acquisition transactions, financings and other business transactions, including conducting specialized export control due diligence reviews, regulatory filings, pre-closing voluntary disclosures and strategies for reducing successor liability in acquisition transactions.
Under ITAR, Williams Mullen advises clients on all aspects of munitions trade controls administered by the Directorate of Defense Trade Controls (“DDTC”) within the U.S. State Department, including:
Our attorneys also provide analysis and advice regarding export jurisdiction and classification of items on the U.S. Munitions List including obtaining commodity jurisdiction determinations from DDTC.
Should it become necessary, we advise clients in addressing ITAR violations, including internal reviews and investigations, preparing voluntary disclosures, responding to directed disclosures, dealing with enforcement officials to resolve enforcement issues and defense of export enforcement actions.
Under the EAR, we provide counsel on export licensing requirements administered by the Bureau of Industry and Security (“BIS”) within the U.S. Commerce Department. This includes:
Our attorneys perform risk assessments and develop specialized strategies to help reduce liability in high risk countries and safeguard against illegal diversion.
We also assist clients in dealing with EAR violations, including internal investigations, voluntary disclosures, responding to agency subpoenas and defense of enforcement actions.
We advise on the array of trade and economic sanctions laws imposed under various U.S. statutes, executive orders and regulations administered by OFAC, including:
Our team advises clients on sanctions requirements on foreign operations of U.S. companies. In addition, we advise on the application of the U.S. sanctions laws to foreign companies including under “secondary sanctions.” We also advise on the special securities reporting obligations under the Iran Threat Reduction and Syria Human Rights Act of 2012.
Our attorneys also advise on matters involving the Foreign Corrupt Practices Act (“FCPA”), including representation in FCPA investigations, advising on protective measures in business transactions to reduce FCPA risk, conducting FCPA due diligence reviews, preparing FCPA compliance programs (including conducting FCPA employee training) and preparing voluntary disclosures to the Department of Justice for FCPA violations.
We also advise on matters involving the Committee on Foreign Investment In the United States (“CFIUS”), including advising on the CFIUS risks in acquisition, joint venture and other transactions, advising on the requirement for submitting mandatory declarations and the advisability of submitting voluntary declarations and notices, preparing CFIUS declarations and notices, dealing with CFIUS staff in CFIUS filings and negotiation of mitigation agreements.
Our team devotes extensive attention to the preparation of export compliance programs including under ITAR, EAR, the U.S. sanctions laws, FCPA and other international regulatory areas, including developing written policies and procedures, conducting compliance training, compliance audits, screening for prohibited parties and destinations, license administration and recordkeeping. Our attorneys perform risk assessments and develop strategies to reduce potential liability in high risk countries and transactions. We provide export compliance strategies for multinational companies, including advising on requirements applicable to foreign parent and other affiliates, joint ventures, teaming arrangements and subcontracting arrangements. Such activities include adopting technology control plans, obtaining authorizations for reexports and retransfers and controls for dual and third country nationals.
In addition, the firm has substantial experience advising on export control issues in universities, including requirements regarding university sponsored research programs (and the exemption for fundamental research), technology transfer activities, foreign students, foreign faculty, overseas travel by university personnel, joint programs with foreign universities and procurement issues.
The following are examples of a number of projects in which our attorneys have been involved in the export control area: