Navigating compliance can be daunting, but establishing a robust internal framework is essential for mitigating liability. Our practice places a strong emphasis on proactive export controls and compliance, helping businesses identify whether their technical data, software, or physical products fall under strict control regimes before shipment occurs. We assist clients in navigating complex Export Control Classification Numbers (ECCNs), securing proper export licenses, and setting up tailored compliance protocols to prevent accidental violations. Whether you are dealing with dual-use technologies under the EAR or defense-related items governed by ITAR, our targeted guidance ensures your international transactions align fully with dynamic federal security and trade policies.

Exporting to foreign countries is a complicated process requiring in-depth knowledge of licensed commodities and the various requirements and rules of the U.S. agencies that regulate exporting. Customs lawyers find themselves dealing with Customs, Federal Maritime Commissions, Department of Commerce, BIS, Department of State,  Department of Defense and other specialized agency regulations; including the ITAR governing weaponry or OFAC within Treasury. Customs penalty and Customs seizure actions frequently occur to persons or companies unaware of export rules and regulations.

We regularly counsel exporters and shippers with regard to:

Export Administration Regulations (the “EAR”) and its license requirements.
The Office of Foreign Asset Control and its Denied Persons List, as well as other related lists.
Ensuring that export practices are in compliance with the U.S. Department of Commerce Bureau of Industry and Security (BIS) and U.S. Customs and Border Protection regulations.

Voluntary Self Disclosures (“VSD”) under 15 C.F.R. § 764.5 for possible violations of the EAR.

Penalty mitigation and protests.
Advising on whether a given Commodity requires export licensing in any setting.
Determining whether the country or entity to which the article is going is “controlled” or “denied” according to any State Department or other agency lists.
AES or EEI errors and penalties arising from improper “shippers export declaration” information provided to Census.
Determining whether clients have their intellectual property rights at risk (trademark, copyright, service mark, patent, counterfeit control) in the country to which they are exporting.
Anticipating problems in exporting due to new controls as a result of terrorism concerns.
Ensuring all necessary ITAR permits are obtained prior to export.
Kimberley Process for rough diamond shippers
We also prepare Export Manuals on a customized level for OTIs and Exporters.
Training is provided on a wide variety of topics.  DETAILS HERE