Export Control and Sanctions
Our leading Export Control and Sanctions practice regularly counsels over 160 companies, financial institutions, sovereign governments, non-profit organizations, and individuals on compliance with the US Department of State's International Traffic in Arms Regulations (ITAR), the US Department of Commerce's Export Administration Regulations (EAR), and sanctions laws administered by the US Department of the Treasury's Office of Foreign Assets Controls (OFAC). On behalf of our clients, we conduct internal investigations, make voluntary disclosures when appropriate, secure licenses and authorizations from the relevant governmental agencies, and defend clients in the face of civil enforcement actions and criminal prosecutions. We also represent clients who seek to be removed from the various lists maintained by the government, such as OFAC’s list of Specially Designated Nationals (SDN). Because of the depth of our practice, we can bring benchmarking experience to our advice that few firms can match. We have particular expertise in the defense and aerospace sector, including having represented 10 of the top 15 US defense and aerospace companies as well as key US allies and major research universities.
Our lawyers have served in senior US government legal, policy, and enforcement positions, at the Department of State, Treasury, Justice, Defense and Homeland Secuirty. We leverage this experience from our government service to provide real-world, practical advice for our clients—something especially critical in an area where the government's practice and interpretation can be as important as the text of the applicable statute or regulation.
We advise clients on the full range of export control and sanctions issues, including:
- helping craft business strategies based on export control and sanctions risks;
- conducting internal investigations and audits, and making disclosures to and resolving investigations before the US government;
- advising companies on compliance with financial sanctions on Iran, Russia, Ukraine, Cuba, and other countries, including extraterritorial application to non-US companies;
- developing and implementing compliance policies and procedures (including technology control plans);
- obtaining rulings from OFAC, the State Department Directorate of Defense Trade Controls (DDTC), and the Bureau of Industry and Security (BIS) on complex interpretive issues;
- conducting corporate due diligence related to export control and sanctions compliance, and drafting and negotiating related agreement provisions and contract clauses;
- obtaining OFAC licenses and export authorizations under the ITAR and EAR;
- defending clients in criminal prosecution for alleged violation of the various sanctions regimes;
- seeking delisting of clients on the OFAC SDN list; and
- defending clients in OFAC civil enforcement proceedings.
Acquisition and subsequent sale of a number of subsidiaries, including the US subsidiaries of a large UK multinational conglomerate.
Advised company on government contracts due diligence and particularly intellectual property issues arising in connection with its acquisition of PSI
Designed and implemented antiboycott compliance programs and assisted with identification of antiboycott issues.
Represented satellite company in the process of securing Department of State approvals and licenses necessary under the ITAR for exports of technical data and defense services.
Advised financial institution on compliance issues and licensing matters related to financial and trade transactions with countries subject to OFAC sanctions