To engage in certain types of exports the Export Administration Regulations (“EAR”) must be complied with prior to exportation from the United States. The government refers to the types of goods regulated as “dual-use” items – items that have both commercial and military or proliferation applications (but purely commercial items without an obvious military use are also subject to the EAR). Generally, to export these items a license must be obtained from the Department of Commerce Bureau of Industry and Security (“BIS”). A failure to comply can result in civil and criminal penalties. We assist clients in providing legal opinions regarding the need for licensing and Export Commodity Classification Numbers (“ECCN”) from the BIS.
The Department of Treasury’s Office of Foreign Asset Controls (“OFAC”) oversees economic and trade sanctions against specific countries or individuals to which U.S. foreign policy and national security goals are of concern by the government. Thus, a U.S. person or company cannot engage in business activity with an entity listed under OFAC. Failure to comply can result in civil and criminal penalties. We assist clients in compliance with OFAC laws, preparing and submitting voluntary disclosures, and filing petitions when OFAC violations are alleged.
The Department State Directorate of Defense Trade Controls (“DDTC”) has jurisdicition over the export of defense articles and services. The DDTC overseas the implementation of the International Traffic in Arms Regulations (“ITAR”) which are regulations intended as national security measures and for the promotion of foreign policy objectives. Within the ITAR is the United States Munitions List (“USML”) which describes what a defense article or service means. Under ITAR, a license is generally required before an export can take place. We assist clients in submitting Commodity Jurisdiction Requests (“CJR”), preparing license applications, DSP-5 authorizations, and complying with export regulatory requirements.
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