Export Controls

Steptoe's export controls team has extensive experience helping US and non-US companies cope and comply with US, UK, EU, and Chinese export controls regulations on the transfer of goods, technology, software, services, and information to foreign nationals and foreign destinations. Our US and Hong Kong teams handle transfers of dual-use items (controlled under the Export Administration Regulations (EAR) administered by the US Department of Commerce) and defense articles and services (controlled under the International Traffic in Arms Regulations (ITAR) administered by the US Department of State). We also assist clients with nuclear-related export controls administered by the Nuclear Regulatory Commission and the US Department of Energy. Our UK, EU, and China teams work with the equivalent legal regimes and regulatory agencies in those jurisdictions, including, among others, the UK's Export Control Organisation (ECO). We also assist clients with the parallel US regulatory requirements under the Foreign Trade Regulations, administered by the Census Bureau and Customs and Border Protection, including the appropriate electronic submissions under the Automated Export System, corrections thereto as needed, voluntary disclosures, and enforcement.

Steptoe's team understands the legal and policy considerations that affect export licensing decisions and the agency procedures that drive regulatory interpretations, decision-making, and enforcement. We routinely monitor regulatory and legislative developments, including in Washington, London, Brussels, Beijing and Hong Kong. Our understanding of and experience with US and EU economic sanctions programs and the often-complex manner in which they overlap with export controls regulations enhances the value we provide to our clients.

Lawyers in our practice have also consistently received the highest ranking in Chambers USA and Chambers Global. We are at the forefront of thought leadership regarding export controls: our International Compliance Blog and International Law Advisory publications provide frequent and regular insights into export control policy developments.

Distinguishing features of our practice:

• Counseling and Licensing: We quickly and efficiently assess potential hurdles in export transactions, evaluate alternatives, seek authorizations where needed, and identify potential license exceptions (including in the area of encryption) for clients.
• Jurisdictional and Classification Assessments: We seek jurisdiction and export control classifications, including for commercial products and technologies that are increasingly used in the military and homeland security industries.
• Internal Corporate Compliance: We help clients develop and implement compliance programs that protect against regulatory risks yet minimize disruption of business operations.
• Experience with Cutting-edge Issues: We handle some of the most difficult areas of changing export control laws, including encryption technology regulation, e-commerce transactions, deemed exports, cybersecurity, intra-company transfers within multinational entities, merger and acquisition due diligence, and global supply chain issues.
• Investigations and Enforcement: We conduct internal audits, internal investigations, and voluntary disclosures to regulatory agencies, and we have extensive experience with government-initiated inquiries, subpoenas, and investigations on both the civil and criminal side of enforcement. Drawing where needed on the experience of our technology, government contracts, export control, and white-collar criminal defense lawyers, we deal forthrightly and effectively with allegations of regulatory transgressions.
• Cross-Border Capabilities: We have a rare ability to provide clients seamless export control, customs, and sanctions assistance across multiple jurisdictions, drawing on the experience of our lawyers in Washington, London, Brussels, Beijing, and Hong Kong who each bring different competencies to the table. Additionally, our Lex Mundi affiliate network offers global reach in nearly every major jurisdiction.