Export Controls

The US government administers multiple export control programs intended to monitor and regulate the transfer of goods, technology, software, services, and information to foreign nationals and foreign destinations.

Steptoe attorneys handle all export requirements for transfers of dual-use items, controlled primarily under the Export Administration Regulations administered by the Commerce Department, and "defense articles and services," controlled by the International Traffic in Arms Regulations administered by the State Department. We deal with nuclear related exports within the jurisdiction of the Nuclear Regulatory Commission and the Department of Energy. We also have extensive experience with US economic sanctions programs and the manner in which they complement export control regulations. Steptoe lawyers are very familiar with the legal and policy considerations that affect export licensing decisions, as well as the agency procedures that drive regulatory interpretations and decision-making.

For a number of years, attorneys in our practice have consistently received the highest ranking in Chambers USA and Chambers Global.

Counseling and Licensing
Not all client requirements are the same, and we pride ourselves in providing the necessary advice and assistance within the confines of time and budget limitations. We analyze and identify early the appropriate level of governmental control, advise on any possible regulatory hurdles or delays that could hinder the proposed export, and then work with the client to obtain the appropriate governmental authorization. In some instances, proper consideration of the export restrictions can permit a company to reach its business objective through alternative sourcing or modification of the product/service offering.

We have successfully advised on transactions to take into account legal requirements, and assist clients in obtaining licenses or identifying general authorizations and license exceptions that can save time, expense, and management resources.

Jurisdictional Assessments
We have found an increasing level of complexity for clients trying to ascertain the appropriate export control regime and agency with jurisdiction over their products and technologies. This is a result of several factors, including the increasing use of commercial products and technologies in the military sector; the expanding scope of the homeland security industry which combines domestic and national security/defense applications; and several policy initiatives to safeguard critical technologies.

Steptoe attorneys have assisted clients by reviewing client products and intellectual property, in conjunction with technical experts as needed, to ascertain the appropriate regulatory controls (e.g. Commerce Department v. State Department v. Nuclear Regulatory Commission). We also have successfully handled numerous commodity jurisdiction rulings and commodity classification determinations on behalf of our clients.

Internal Corporate Compliance
Another prominent aspect of our practice is developing and implementing compliance programs for corporate clients. We provide in-depth and sophisticated analyses of regulatory requirements as applied to business transactions to ensure corporate compliance.

We are well known for our experience with cutting-edge issues, such as control of encryption technology, e-commerce transactions, deemed exports, intellectual property (intra-corporate transfers within multinational entities), mergers and acquisitions, global supply chain issues, information technology, and technical data exchanges in teaming arrangements. These often present the most difficult compliance problems and require innovative yet workable solutions.

Investigations and Enforcement
Steptoe attorneys have handled most types of government inquiries and investigations for clients. The firm's philosophy is to deal forthrightly and aggressively with allegations of regulatory transgressions, and to advocate or negotiate where appropriate. We have a well-earned reputation and respect among government enforcement officials in this area of the law. Depending upon client needs, we bring to bear the combined talents of our export control, white-collar criminal, and government contracts attorneys.

Cross Border Capabilities
Somewhat unique in the marketplace, Steptoe offers clients seamless export control, customs, and sanctions assistance in multiple jurisdictions. Our London and Brussels offices have significant experience and capabilities with EU and member country regulatory regimes. We regularly collaborate with our colleagues to handle matters with multiple jurisdictional implications. Through our Lex Mundi affiliate network, we offer expanded global reach in nearly every major trading jurisdiction.

Our clients span a broad spectrum of US industries, including:

Advanced materials
Agriculture, food, and beverage
Aviation and aerospace
Banking and finance
Chemical manufacturers
Computer manufacturers
Data processing
Defense contractors
E-commerce
Encryption
Engineering and construction services
Financial services
Hydrocarbon exploration and refining
Industrial equipment and tooling
Medical devices
Military electronics
Nuclear materials & equipment
Oil field services
Pharmaceuticals
Power generation equipment
Satellite
Semiconductors
Software
Telecommunications

Representative Matters

Our firm’s attorneys routinely handle cases involving all aspects of US export controls, under the Commerce Department, State Department, NRC, and economic sanctions regimes, including:

Commodity jurisdiction rulings, product and technology classifications, and advisory opinions;
Export license applications, license amendments and transfers, special license requirements, and exception requirements;
Regulatory compliance in corporate reorganizations, mergers & acquisitions, asset purchases, and strategic alliances involving materials, technology, and manufacturing process sharing;
Internal investigations, voluntary disclosure, negotiation of settlements, and litigation;
ITAR registrations, notifications, brokering, and Part 130 reporting;
Encryption and technology transfers, and software export / re-export rules, including de minimis software and technology filings to the Commerce Department;
Deemed export and re-export requirements and compliance;
Assistance with commercial flow-down export requirements in prime contractor-subcontractor and OEM-supplier relationships; and
Compliance policies, procedures and training.

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Publications

DDTC Proposes Changes to ITAR Brokering Rules
January 25, 2012, The Government Contractor
OFAC Issues Transnational Criminal Organization Sanctions Regulations
January 13, 2012
DDTC Proposes New Brokering Rule
January 3, 2012
DDTC’s Proposed Rule to Implement US-UK and US-Australia Defense Trade Treaties
December 21, 2011, The Government Contractor

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