Export Controls & Economic Sanctions |
Goulston & Storrs attorneys advise clients engaged in international commerce. They assist domestic and international clients as they navigate the United States export control laws and regulations, helping to maximize their participation in the global marketplace, while avoiding the potential pitfalls of international trade. The firm’s deep experience in the areas of mergers and acquisitions, cross-border, financing, corporate, intellectual property and licensing, SEC compliance and enforcement, tax and litigation is often relied upon with respect to export controls issues.
We assist clients with all export compliance matters, trade embargoes, defense security, commodity classification, licensing, government investigations and enforcement. We ensure compliance in regards to Export Administration Regulations (EAR), International Traffic in Arms Regulation (ITAR) and OFAC Regulations. We also assist clients with overseas restrictions on US companies and international subsidiaries, as well as matters related to the Foreign Corrupt Practices Act (FCPA). The group also has extensive experience advising sellers and buyers in connection with proposed acquisitions of US businesses that may be subject to review by the Committee on Foreign Investment in the United States (CFIUS). We work with virtually all government agencies, including:
- Department of Commerce
- Department of State
- Treasury Department's Office of Foreign Assets Control
- Department of Defense
- Defense Security Service
- Department of Homeland Security
- Department of Energy
- Committee on Foreign Investments in the United States
- Federal Bureau of Investigation
- Department of Justice
- US Customs and Border Patrol
For more information on the firm’s Export Controls and Economic Sanctions practice, please contact Kerry Scarlott. |
Representative Projects and Transactions
Compliance
- Advice regarding compliance with the International Emergency Economic Powers Act, the Trading with the Enemy Act, and the Arms Export Control Act, including the ITAR and the EAR.
- Conduct compliance assessments and audits in various industries, including with respect to night vision equipment, unmanned aerial and under water vehicles, robots, sensors, lasers, communications equipment, and satellites.
- Guidance regarding effective communication between prime and subprime contractors relative to respective export compliance responsibilities and undertakings, and appropriate determinations of classification and jurisdiction.
- Counsel regarding the deemed export rule, including navigating special problems involved with employing or contracting with foreign nationals, attending trade shows, and hosting plant visits by non-US nationals.
- Drafting contractual and transactional provisions, including compliance warranties and end-use certifications.
- Provide guidance regarding appropriate handling of recently enacted requirement to certify compliance with US export control laws and regulations in connection with visa applications (Form I-129).
- Counsel regarding compliance with the Foreign Corrupt Practices Act and the Anti-boycott regulations.
- Assist various health care organizations create and implement specially crafted export control compliance systems and procedures, including with respect to the deemed export rule.
- Develop and implement export control compliance programs and procedures for small, medium and large organizations.
- Counsel regarding encryption controls, including preparing encryption review requests.
Licensing
- Guidance regarding commodity classifications and jurisdiction determinations (including appeals) under the EAR and the ITAR.
- Assistance with obtaining licenses under the EAR, the ITAR and OFAC regulations.
- Negotiating and obtaining approval of Technical Assistance Agreements, Manufacturing License Agreements, and Distribution and Warehousing Agreements under the ITAR.
Investigations and Enforcement
- Investigate and prepare voluntary disclosures under the EAR, ITAR and OFAC regulations.
- Assist buyers and sellers in merger and acquisition transactions conduct due diligence investigations related to US export controls compliance, and negotiated appropriate representation and warranty and indemnity provisions.
- Assist clients in making voluntary disclosures to the Departments of State, Commerce and Treasury, and negotiate favorable outcomes.
International Commerce
- Provide counsel regarding extra-territorial applications of US export control laws, including with respect to non-US subsidiaries and re-exports.
- Represent global buyers and domestic sellers before the Committee on Foreign Investments in the United States (CFIUS).
Memberships and Affiliations
Goulston & Storrs is an active member of Meritas, a global alliance of independent, high-tier law firms. We are also members of the National Defense Industrial Association (NDIA), TechAmerica and SPIE. We provide assistance to the Massachusetts Export Center and the New Hampshire International Trade Resource Center, and have a close working relationship with TeamITAR.
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