Exporting Certain Goods to the U.S. Requires Compliance with U.S. Export Control Laws and Regulations

Thursday, January 28, 2021

Did you know that U.S. export controls and sanctions can impact nearly every aspect of a company’s operations? Informed advisors understand that export control and sanction compliance is focused on activities that come well before the shipment or customer delivery stage.

ST&R’s Export Controls & Sanctions Practice counsels companies, often in collaboration with their external and internal corporate counsel, on all aspects of export controls and sanctions, including, in the United States, the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), and the sanctions regulations administered by the Treasury Department’s Office of Foreign Assets Control (OFAC). We also provide guidance on international export control regulations.

What We Do

ST&R provides counsel and advice not only on how or what rules apply to a client but how the client should create and implement compliance solutions throughout its business. This is especially important given that compliance must be intertwined into each function, including engineering, R&D, product delivery, customer on-boarding, services and repair, vendor selection and screening, and distributor and reseller management.

Our services are tailored to deliver these solutions and include the following.

Export Controls & Sanctions Compliance Program Support 
  • development of compliance policies and programs
  • outsourced export compliance solutions, including on-site program management
  • day-to-day counseling and advice
Investigations, Voluntary Self-Disclosures, and Audits
  • investigations of potential violations
  • voluntary self-disclosures and mitigation plans
  • representation in government investigations and enforcement actions
Export License Applications and Related Support
  • pre-license briefings to government agencies
  • export license strategy and business facilitation plans
  • preparation of export license applications for Commerce, State, and OFAC
Export Control Classification
  • evaluation and classification of products, technology, and technical data to determine applicable controls
  • preparation and filing of commodity jurisdiction, commodity classification, and encryption review requests
Mergers, Acquisitions, and Divestitures
  • pre-transaction reviews and due diligence
  • export control support on CFIUS filings
  • preparation and filing of required ITAR notices
  • export license transfer support
Deemed Exports and Technology Transfers
  • deemed export licensing and compliance counseling, including the requirements associated with the hiring and deployment of foreign persons
  • program design, including balancing employment discrimination concerns
  • case-by-case reviews required for completion of Visa Petition Form I-129
  • company-wide technology assessment to determine applicable export control requirements
  • preparation and filing of deemed export license applications

Our Clients

We represent a broad range of clients, including start-ups, multi-national defense companies, and leading research universities. We have advised over half of the Fortune 50, handled large-scale global reviews and investigations, and can also support smaller clients who have more limited needs. Typical contacts include legal departments and trade compliance or export compliance personnel. In some cases, we are directly engaged by human resources to support a company on deemed export/foreign national matters.

Industries Served

While all industries must address export control and sanction requirements, several industry categories typically face the most complex issues and engage our services, including the following.

  • semiconductor
  • software
  • chemicals and materials
  • aerospace and defense
  • life sciences and medical
  • telecommunications
  • computers
  • equipment manufacturing
  • technical services
  • electronic components

Contact ST&R

If you or your clients are exporting now or planning to export goods to the U.S, please contact: