Export Controls

As your company’s customer, research and development, and manufacturing bases grow globally, so do the number of regulatory and enforcement hurdles that face its operations. Whether you require export licenses under the Export Administration Regulations (EAR) or the International Traffic in Arms Regulations (ITAR), are the subject of an investigation or enforcement action by the Department of State, Commerce, or Justice, or have logistical and reporting questions about compliance with the Foreign Trade Regulations (FTR), Alston & Bird’s export control lawyers have the experience to address your company’s needs.

The enforcement of export control laws and regulations continues to be a priority of the U.S. government, both domestically and abroad. Our experience crosses a variety of industries that often find themselves in the crosshairs of U.S. export enforcement, including aerospace, defense, information security, nuclear, pharmaceutical, technology, chemicals, telecommunications, industrial products, and transportation and logistics services. Our clients include businesses of all sizes—Fortune-ranked, small, mid-size, and foreign companies and individuals have engaged us in a variety of export control matters in connection with government subpoenas, investigations, criminal and administrative enforcement settlement negotiations, voluntary self-disclosures of potential violations of export regulations, the design and development of export compliance programs, and complex jurisdiction, classification, and licensing matters.

With years of experience and a team that includes current and past members of the President’s Export Council subcommittees and the Export Compliance and Facilitation Committee of the American Association of Exporters and Importers (AAEI), we bring a level of insight and perspective that few other export control practices can match.

• Provided advice on export licensing and compliance management to the world’s leading distributor of aerospace fasteners and consumables for commercial, business jet, and military markets. Developed and supported implementation of a plan to leverage the benefits of “export control reform.”
• Concluded a long-running export control investigation conducted by the Office of Export Enforcement of the Bureau of Industry and Security (BIS), Immigration and Customs Enforcement, and the Department of Justice by entry into multiple settlement agreements between the companies, principals, and BIS.
• Developed an export compliance program and provided ongoing counsel on its administration for a global technology company. We also secured CCATS determinations and handled licensing matters.
• Represented a global supplier of coatings in a criminal and civil export controls investigation.
• Represented an aerospace parts company that had recently made a major acquisition in a review of the acquired company’s export practices and in voluntary disclosures of unauthorized exports before the Directorate of Defense Trade Controls and BIS.
• Represented multiple companies in the creation and implementation of global export compliance programs.
• Obtained two commodity jurisdiction determinations for a military parts manufacturer interpreting the new export control principle of “specially designed.” In both instances, convinced the Directorate of Defense Trade Controls that the articles were not specially designed and, therefore, no longer on the U.S. Munitions List and subject to ITAR. In both instances, the item was moved from a highly controlled ITAR provision to the lowest level of control, EAR99.
• Represented a European company with U.S. subsidiaries in the sale and exportation of U.S. items to Cuba. Conducted an investigation and filed voluntary disclosures with the Office of Foreign Assets Control and BIS. Ultimately, neither agency imposed a penalty.
• Advised multiple clients in export compliance and licensing matters related to technology transfer and development in cooperation with universities, including the Massachusetts Institute of Technology, Georgia Tech, University of Central Florida, and Lebanese University.
• Appointed as export control counsel for the Commonwealth of Virginia’s university system.