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. In addition, 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 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
Representative Projects and Transactions
- Advice regarding compliance with the International Emergency Economic Powers Act, the Trading with the Enemy Act, and the Arms Export Control Act, including relative to the ITAR, the EAR and OFAC regulations.
- Conduct compliance assessments and audits in various industries, including with respect to night vision equipment, unmanned aerial and under water vehicles, robots, optics, sensors, lasers, communications equipment, and satellites.
- Guidance regarding effective communication between prime and subprime contractors regarding their respective export compliance responsibilities and undertakings, and appropriate determinations of classification and jurisdiction.
- Counsel regarding the so-called “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.
- Draft contractual and transactional provisions, including compliance warranties and end-use certifications.
- Guidance regarding certifications of 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, including establishing appropriate compliance policies and procedures.
- Assist various universities and 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, including training.
- Counsel regarding encryption controls, including preparing encryption review requests.
- Guidance regarding preparation and submission of commodity classification and jurisdiction determination requests (including appeals) under the EAR and the ITAR.
- Assist with obtaining licenses from the US Department of Commerce, the US Department of State, and the US Treasury Department under the EAR, the ITAR and OFAC regulations.
- Negotiate and obtain approval of Technical Assistance Agreements, Manufacturing License Agreements, and Distribution and Warehousing Agreements under the ITAR.
Investigations and Enforcement
- Assist clients in responding to US Government inquiries and investigations regarding possible non-compliance and preparing voluntary disclosures of possible non-compliance to the US Department of Commerce, the US Department of State, and the US Treasury Department under the EAR, ITAR and OFAC regulations, and negotiate favorable outcomes.
- Assist clients (both buyers and sellers) in merger and acquisition transactions conduct due diligence investigations related to US export controls compliance, and negotiate appropriate representation and warranty and indemnity provisions.
- Assist clients in investigating internal FCPA compliance issues and making disclosures to the Department of Justice.
- Provide counsel regarding the extra-territorial application of US export control laws, including with respect to the operation of foreign subsidiaries and reexports and retransfers abroad of U.S. origin products and technologies.
- 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), SPIE, the Autonomous Unmanned Vehicle Society International and various satellite and spacecraft oriented trade associations. We provide assistance to the US Commercial Service, the Massachusetts Export Center and the New Hampshire International Trade Resource Center, and have a close working relationship with TeamITAR.