Depending on the nature of the export, U.S. export controls fall within one of a number of regulatory regimes, including the international trade in arms regulations (ITAR) for defense articles and services; the export administration regulations (EAR) for non-military/commercial items; and the embargo regulations enforced by the Office of Foreign Asset Controls (OFAC). Each of these regulatory schemes is complex, far reaching and relatively unforgiving.
For this reason, many government contractors recognize that effectively identifying and managing export controls issues is vital to their success in today’s increasingly global market, particularly given the U.S. government’s heightened enforcement posture. In addition, because a defense federal acquisition regulation supplement (DFARS) rule now makes export controls compliance a contract requirement, violations can lead to default termination and suspension and debarment, in addition to the already substantial civil and criminal penalties under the export control laws themselves.
Jackson Kelly attorneys help clients identify, assess and understand export controls risks and address them in the most cost-effective manner, either by modifying the underlying business plan or by developing and implementing effective, tailored compliance programs or both. Attorneys also work with clients to determine the appropriate classification of the articles, services or technology being exported and to obtain the necessary export licenses, agreements or other authorization. In the event export controls violations are discovered or suspected, attorneys conduct internal investigations, assess the situation and help manage the client’s response, including preparing voluntary self-disclosures.
The Firm’s clients include both U.S. and foreign entities engaged in industries ranging from aerospace and satellite technology to military electronics, software, plastics and higher education.
Represented research and engineering contractor in negotiating teaming agreement, subcontract and related technical assistance agreement enabling collaboration with Israeli firm to modify commercial jammer technology subject to ITAR.
Conducted internal investigation for and representing major aerospace company in connection with government investigation into alleged ITAR violations.
Worked with companies and institutions of higher learning to design and implement effective, tailored export controls compliance programs, including development and delivery of related training.
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