Export Controls

If your company exports products or services, it should be concerned about export control laws.  This is especially true for aerospace, automotive, defense, IT, machine tools, telecommunications and software business whose products or service may have dual military and civilian uses.  The laws within export controls include:

  • Anti-boycott laws
  • Anti-terrorism controls
  • Anti-money laundering regimes
  • Customs and import regulations
  • Export control laws
  • Foreign Corrupt Practices Act (FCPA) and other anti-bribery regimes
  • Trade and economic sanctions

Santomassimo Davis LLP represents clients subject to export control laws, and our attorneys have the experience necessary with the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and other regulations related to the possession, trade, and export of U.S. controlled assets.

We have significant contacts and know how to work with various U.S. administrative agencies, including:

  • Department of State
  • Directorate of Defense Trade Controls
  • Department of Commerce
  • Bureau of Industry and Security
  • Bureau of Alcohol
  • Tobacco, and Firearms
  • Department of Defense
  • Department of the Treasury
  • Office of Foreign Assets Control.

Examples of What We Do:

  • Assist clients with registering under the ITAR or EAR.
  • Analyze company product, service, and technology portfolios to identify and classify assets subject to export controls.
  • Draft Commodity Jurisdiction Requests for government determination when export control law jurisdiction or controlled asset classification is at issue.
  • Develop, implement, monitor, and improve export control compliance programs.
  • Draft ITAR and EAR export license applications and supporting transmittal letters and documentation to permit the licensed export of controlled products, services, technology, and technical data. 
  • Draft import license applications. 
  • Draft export control collaboration agreements for government approval, such as Technical Assistance Agreements and Manufacturing License Agreements, to permit the authorized flow of controlled products, services, technology, and technical data between approved parties within permitted scope.
  • Advise on the qualification for export control exemption, scope of exemption, and substantiation requirements for reliance upon exemption.
  • Perform export control due diligence to identify significant export control issues previously unknown to the prospective acquirer and monetizing of export control issues to adjust acquisition price or secure additional protections from the seller to address export control risk exposure.
  • Counsel clients on post-acquisition integration of export control compliance programs.
  • Draft technology controls plans, export control compliance manuals and policy statements.
  • Conduct on-site training on the ITAR, EAR, and other export control laws.
  • Advise on making voluntary disclosures for potential export control violations discovered, draft corresponding disclosure submission and supporting documentation, and represent clients on government disposition of voluntary disclosures.

Why OGC™ Solutions?

There are many advantages to hiring additional counsel, that’s why it’s important to focus on these considerations when making such an important decision.

Let our team at OGC™ Solutions provide you with the best and most trusted Outside General Counsel™ in the tri-state! We can be the bridge to growing your business.

Contact us to discuss how an Outside General Counsel™ solution would create a virtual legal department for your company.

Export Controls