Doing business in a global economy requires a partner who helps you navigate the laws and regulations of exporting and importing. Woods Rogers has a robust Export Control expertise, representing clients subject to export control laws throughout Europe and Asia.
Our attorneys have the experience necessary to confidently and practically navigate through the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and other regulations related to the possession, trade, and export of U.S. controlled assets. We have significant contacts and know how to work with various U.S. administrative agencies, including the Department of State, Directorate of Defense Trade Controls, Department of Commerce, Department of the Treasury, and the Office of Foreign Assets Control.
We can draw from international resources and are exceptionally capable at assisting clients with their export control matters from a global perspective including, but not limited to, the following:
Registration. We assist clients with registering under the ITAR or EAR.
Controlled Asset Identification and Classification. We analyze company product, service, and technology portfolios to identify and classify assets subject to export controls.
Commodity Jurisdiction Requests. We draft Commodity Jurisdiction Requests for government determination when export control law jurisdiction or controlled asset classification is at issue.
Export Control Compliance Programs. We assist clients with development, implementation, monitoring, and improvement of tailored export control compliance programs.
Export License Applications. We draft export license applications and supporting transmittal letters and documentation to permit the licensed export of controlled products, services, technology, and technical data.
TAA Compliance Certification. We draft applications for Trade Act Agreements certification.
TAAs, MLAs, other Export Control-Compliant Collaboration Agreements. We draft export control collaboration agreements for government approval, such as Technical Assistance Agreements and Manufacturing License Agreements, to permit the authorized flow of controlled products, services, technology, and technical data between approved parties within permitted scope.
Export Control Exemption. We advise on the qualification for export control exemption, scope of exemption, and substantiation requirements for reliance upon exemption.
Export Control Due Diligence. We perform targeted due diligence to identify significant export control issues previously unknown to the prospective acquirer and monetizing of export control issues to adjust acquisition price or secure additional protections from the seller to address export control risk exposure.
Acquisition-Phase Export License, TAA, and MLA Transfer. We complete transfer of U.S. target company export control licenses, TAAs, and MLAs to acquirer.
Acquisition-Phase Facility Clearance FOCI Approval. We accomplish foreign acquisition (and continued clearance) of U.S. business facilities with DSS facility security clearance (FCL) under NISPOM rules of Foreign Ownership, Control, or Influence (FOCI).
Post-Acquisition Integration of Export Control Compliance Programs. We counsel clients on post-acquisition integration of export control compliance programs.
Export Control Manuals. We draft export control compliance manuals and policy statements.
Technology Control Plans. We draft technology control plans addressing export control compliance.
Export Control Compliance Training. We conduct on-site training on certain export control laws.
Voluntary Disclosures. We advise on making voluntary disclosures for potential export control violations discovered, draft corresponding disclosure submission and supporting documentation, and represent clients on government disposition of voluntary disclosures.