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.
Noteworthy
Chambers Global
- Chambers Global, International Trade/WTO, Global Market Leaders (2008-2024)
- Chambers Global, International Trade: Export Controls & Economic Sanctions, (The Elite), US (2019-2024)
- Chambers Global, International Trade: Trade Remedies & Trade Policy, US (2020-2024)
- Chambers Global, Disputes, International & Cross-Border Capabilities, US (2019-2024)
- Chambers Global, International Trade: CFIUS Experts, US (2020-2024)
- Chambers Global, International & Cross-Border Disputes (International Firms), China (2021-2024)
- Chambers Global, International Trade/WTO (International Firms), China (2019-2024)
- Chambers Global, International Trade/WTO, Asia-Pacific Region (2019-2024)
- Chambers Global, International Trade/WTO, Europe-wide (2019-2024)
- Chambers Global, International Trade/WTO, Europe/Belgium (2008-2017)
Chambers Asia-Pacific & Greater China Region
- Chambers Greater China Region, Corporate Investigations/Anti-Corruption (International Firms) (2022-2024)
- Chambers Greater China Region, International Trade/WTO (International Firms) (2022-2024)
- Chambers Asia-Pacific, International Trade/WTO, Asia-Pacific Region (2009-2024)
Chambers Europe
- Chambers Europe, International Trade/WTO, Europe/Belgium (2008-2023)
Chambers USA
- Chambers USA, International Trade: CFIUS Experts, Nationwide (2017-2023)
- Chambers USA, International Trade: Export Controls & Economic Sanctions, Nationwide (2017-2023)
- Chambers USA, International Trade: Trade Remedies & Trade Policy, Nationwide (2017-2023)
- Chambers USA, International Trade, Nationwide (2005-2016)
- Chambers USA, International Arbitration: Enforcement, Nationwide (2022)
Legal 500
- Legal 500 US, International Trade: Trade Remedies & Trade Policy (2023)
- Legal 500 US, International Trade: Customs, Export Controls, & Economic Sanctions (2023)
- Legal 500 US, International Trade: CFIUS (2023)
- Legal 500 US, Dispute Resolution: International Trade (2007-2022)
- Legal 500 UK, Dispute Resolution: International Arbitration (2010-2023)
- Legal 500 UK, Dispute Resolution: Public International Law (2010-2023)
- Legal 500 EMEA, Customs, Trade, WTO & Anti-Dumping, Belgium (2011-2019, 2023)
Law360
- Law360, International Trade Group of the Year (2010-2013, 2015, 2019)
Global Arbitration Review
- Global Arbitration Review, “International arbitration practice that impressed in the past year,” (2016)
- Global Arbitration Review, GAR 100 (2017-2023)
Global Investigations Review
- Global Investigations Review (GIR) 100, Top 30 Firms for Investigations Worldwide (2015-2023)
WorldECR
- WorldECR, Sanctions Law Firm of the Year, USA (2018, 2021), Sanctions Highly Commended Law Firm, USA (2017);
- WorldECR, Export Controls, Law Firm of the Year, USA (2015-2016), Highly Commended Law Firm, USA (2017), Runner-Up Law Firm of the Year, USA (2018)
- WorldECR, Sanctions Law Firm of the Year Runner-Up, Rest of the World (2021)
Asia Legal Business
- ALB China Awards, International Firm of the Year: International Trade (Award in 2021, Shortlisted in 2022 and 2023)
- ALB Japan Awards, Japan Practice Foreign Law Firm of the Year (Award in 2021, Shortlisted in 2023)
- ALB Korea Awards, Korea Practice Foreign Law Firm of the Year (2022 - 2023)
- Shortlisted, ALB China Awards, Regulatory Compliance Law Firm of the Year (2022 - 2023)
- Shortlisted, ALB Hong Kong Awards, Regulation and Investigations Law Firm of the Year (2020-2021, 2023)
China Business Law Journal
- China Business Law Award, International Trade (2013 - 2022)
- China Business Law Award, Corporate Compliance (2019 - 2022)
- China Business Law Award, Government and public policy (2022)
- China Business Law Award, Anti-Bribery & Compliance (2015, 2018)
China Law & Practice
- China Law & Practice, International Firm of the Year: Trade Award (2016, 2018-2020, 2022); Shortlisted (2021)
- China Law & Practice, Shortlisted, International Firm of the Year: Regulatory & Compliance (2018, 2021-2022)
Representative Matters
- Conducted a global audit of Airbus' commercial and defense-related businesses as part of a monitorship requirement imposed on the company in connection with a consent agreement with the US Department of State, Directorate of Defense Trade Controls to settle allegations of export control violations under the International Traffic in Arms Regulations (ITAR).
- Defended a US multinational food producer in a US government inquiry relating to potential export control and sanctions restrictions of US and foreign affiliate sales of products to a US-embargoed country, resulting in successful resolution of the government investigation and no enforcement action.
- Defended a non-US oilfield service company in connection with a US Department of Commerce investigation into the export/reexport of national security-controlled equipment into Russia, with successful resolution and rescission of the administrative charge.
- Defended Chinese nationals in criminal prosecution of individuals and company for alleged export control violations arising from acquisition of US-origin controlled products transshipped to a US-restricted country, with successful resolution of enforcement action through favorable plea agreement, no monetary penalty, limited to time served, and expedited return to home country.
- Prepared commodity jurisdiction and classification matrices, and secured US government agency rulings for a US defense contractor. Assisted with implementation of a new jurisdiction and classification assessment program required as a result of US Export Control Reform; assisted with developing program and implementation materials, as well as helped to develop the automated tools needed to make the process as efficient and effective as possible; developed related training programs, and assisted the company in training personnel around the world.
- Assisted major US and EU exploration and production companies with developing export control compliance programs, program reviews, and project-specific compliance requirements based on identifiable risks associated with the business activity of these specific projects and undertakings.
- Represented major US aerospace and defense company in internal investigations regarding export of technical data from the United States to foreign persons, reexports and retransfers by a foreign subsidiary of foreign origin defense articles incorporating ITAR-controlled components for NATO defense programs and certain spacecraft programs, and other business dealings resulting in voluntary disclosures to the Directorate of Defense Trade Controls (DDTC) and OFAC; conducted post-closing due diligence on US business acquisitions.
- Assisted and advised companies supplying valve, flow meter, regulator, and heat exchanger equipment in connection with export control jurisdiction and licensing requirements when supplying various types of equipment and technical data to non-US nuclear power electrical-generating stations.
- Represented a European energy exploration company in responding to inquiries from the US Department of Commerce regarding use of certain US equipment, ultimately receiving written confirmation from the agency that the activity was permissible; provided export control and economic sanctions compliance advice to the company regarding activity in higher-risk jurisdictions.
News & Publications
Publications
Sanctions Aren't the New FCPA - They're Harsher
Control Risks
March 14, 2024
By: Wendy Wysong
Publications
Managing Foreign Direct Product Rule Compliance
Export Compliance Manager
February 2024
Press Releases
Steptoe Obtains Trial Victory on Behalf of Client Lattice Semiconductor
February 15, 2024
StepTechToe
Commerce Proposes Significant New Regulations on AI Training and IaaS Providers
January 31, 2024
Press Releases
Judy Wang Appointed to District Export Council of Southern California
January 29, 2024
Client Alerts
Harnessing Automation for your Trade Compliance Program
January 10, 2024
By: Alexandra Baj
Press Releases
Chambers Asia-Pacific 2024 Recognizes Steptoe's Top International Trade Practice and Lawyers
December 20, 2023
Press Releases
Steptoe Announces Partner and Counsel Promotions for January 1, 2024
November 28, 2023
Press Releases
Global Investigations Review Names Steptoe a Top 30 International Investigations Firm
November 21, 2023
Events
Webinars
Quarterly Investigations & Enforcement Update Webinar
January 25, 2024
Speakers: Jason Abel, Iris E. Bennett, Lee Berger, Christopher R. Conte, Amba M. Datta, Stacie R. Hartman, Lucinda A. Low, John J. Kavanagh, Michael Campion Miller, Zoe Osborne, Wendy Wysong
Seminars & Events
Global Trade and Enforcement Symposium in Hong Kong
June 1, 2023
Speakers: Renato Antonini, Yongqing Bao, Brigida Benitez, Brian G. Burke, Ali Burney, Henry Cao, John Caracappa, Boyd Cloern, Robyn C. Crowther, Brian J. Fleming, Coy Garrison, Stacie R. Hartman, Zoey Hong, Stanley C. Kuo, Amy J. Lentz, Michelle L. Levin, Patrick F. Linehan, Lucinda A. Low, Jamie Lucia, Alexandra Melia, Cáitrín McKiernan, Eva Monard, Darryl Nirenberg, Gwendolyn Prothro Renigar, Angus Rodger, Guy Soussan, David M. Stetson, Grace Wang, Philip R. West, Charles Whiddington, Wendy Wysong, Lin Yang, Bo Yue, Wilson Zhao
Webinars
Forced Labor Initiatives in the US and EU
October 13, 2022
Speakers: Byron Maniatis, Eva Monard, Jeffrey G. Weiss
Webinars
Investigations & Enforcement Webinar Series
January 27, 2022
Speakers: Jason Abel, Iris E. Bennett, Christopher R. Conte, Stacie R. Hartman, Paul R. Hurst, Patrick F. Linehan, Lucinda A. Low, Michael Campion Miller, Zoe Osborne, Wendy Wysong
Webinars
Investigations & Enforcement Webinar Series
October 28, 2021
Speakers: Christopher R. Conte, Stacie R. Hartman, Paul R. Hurst, Lucinda A. Low, Michael Campion Miller, Zoe Osborne, Wendy Wysong
Webinars
Investigations & Enforcement Webinar Series
July 21, 2021
Speakers: Jason Abel, Christopher R. Conte, Stacie R. Hartman, Patrick F. Linehan, Lucinda A. Low, Michael Campion Miller, Zoe Osborne, David M. Stetson, Wendy Wysong
Webinars
Investigations & Enforcement Webinar Series
May 12, 2021
Speakers: Jason Abel, Christopher R. Conte, Stacie R. Hartman, Paul R. Hurst, Patrick F. Linehan, Lucinda A. Low, Michael Campion Miller, Zoe Osborne, Wendy Wysong
Webinars
Investigations & Enforcement Webinar Series
February 25, 2021
Speakers: Jason Abel, Christopher R. Conte, Paul R. Hurst, Patrick F. Linehan, Lucinda A. Low, Michael Campion Miller, Zoe Osborne, Wendy Wysong
Webinars
Investigations & Enforcement Webinar Series
October 27, 2020
Speakers: Christopher R. Conte, Paul R. Hurst, Patrick F. Linehan, Lucinda A. Low, Michael Campion Miller, Wendy Wysong
Webinars
Rising Tensions – Increased Trade Controls
October 7, 2020
Speaker: Wendy Wysong
International Law Advisories
Client Alerts
China's New Blocking Rules May Impact US Sanctions and Export Control Compliance Strategies for Many
February 10, 2021
By: Edward J. Krauland, Bo Yue
Client Alerts
Singapore Data Protection: Considerations for Data Driven Compliance Activities
February 1, 2021
Client Alerts
Sanctions Under the Biden Administration: A Return to 'Smart?'
November 24, 2020
By: Edward J. Krauland, Meredith Rathbone, Wendy Wysong, Jack R. Hayes, Peter Jeydel, Evan T. Abrams, Martin Willner, Jordan Cannon (Law Clerk)
Client Alerts
HKSE Listing Applicants: What You Should Know about Sanctions and Export Controls Due Diligence
October 21, 2020
By: Wendy Wysong, Ali Burney
Client Alerts
White House Memorandum Sets Out Best Practices for Agency Enforcement Actions
October 9, 2020
By: Wendy Wysong, Edward J. Krauland, Ali Burney, Meredith Rathbone
Client Alerts
US and EU Actions to Address Supply Chain Threats Caused by Reliance on Critical Mineral Imports
October 8, 2020
By: Jeffrey G. Weiss, Meredith Rathbone, Peter Jeydel, Yongqing Bao
Client Alerts
New Orders Issued Barring Imports into the US from Certain Xinjiang-Related Entities
September 18, 2020