Export Control
EXPORT CONTROL including ITAR (International Traffic in Arms) and EAR (Export Administration Regulations) is a confusing labyrinth of government regulations because these regulations are subject to widely differing interpretations by the responsible government agencies depending on the administration at the time and the particular licensing officer (LO) at the moment.
The employment of foreign workers adds a further complication to both export control and utilization of workers. Visas for example are subject to a bifurcated process shared by CIS (Citizenship & Immigration Services) and DoS (Department of State). Interpretation of the same regulations by these agencies does not necessarily yield the same result. Success in the process requires thorough coordination with both.
For any company engaged in defense or anti-terrorism product manufacturing compliance with Export Control for products and technical know-how is crucial. This includes compliance with the Arms Export Control Act and International Traffic in Arms Regulations (ITAR), as well as other export control requirements under the Bureau of Industry & Security (formerly Bureau of Export Administration) and BATF (Bureau of Alcohol Tobacco and Firearms).
When a compliance program breaks down it is always costly and sometimes devastating. The attorneys at Klimek, Kolodney & Casale, P.C. have high levels of expertise in compliance program development and Auditing as well as Voluntary Disclosures with the DDTC.
In recent years there has been a proliferation of lay persons in this field who function as consultants. Though many have good industry experience their experience is particular to their past employment, they are not attorneys, lack the protection of client confidentiality and lack the necessary legal expertise to render opinions. Training your staff to fill out a DSP-5 or use the EAR may be a fungible skill set but auditing export violations, preparing Voluntary Disclosures and representing your company before the DDTC or in Federal Court is not.
GUIDANCE THROUGH THE SYSTEM
The team at Klimek, Kolodney & Casale can guide you through the confusing labyrinth of government regulations and export compliance. Our concentration of expertise is in many areas.
The employment of foreign national workers which involves Department of Homeland Security Citizenship and Immigration Services, "CIS," the Department of Labor and the Department of State. The issuance of a visa is a bifurcated process shared by CIS and the Department of State. Interpretation of the same regulations by each agency does not necessarily yield the same result. Success in the process requires thorough coordination with both agencies. Once the individual is employed it is possible that licensing of his or her employment will be necessary either from BIS (Bureau of Industry Security) or from DDTC (Directorate Defense Trade Controls) depending on the jurisdiction of the technology base involved in the employment.
In contract matters in the international arena our team specializes in Foreign Ownership Control and Influence (FOCI) mitigation, most often encountered during when bidding and/or performing classified contracts and often confused ITAR controls for unclassified activities.
For foreign-owned firms and their U.S. subsidiaries, it is crucial to have access to experts with the knowledge to guide the firm through the National Industrial Security regulations and Export Control Regulations. We have more than thirty (30) years of experience in working with the Defense Security Service (DSS) on matters such as Special Security Agreements (SSA) and Voting Trust Agreements.
Our team holds expertise in working with DDTC (Directorate Defense Trade Controls) in every aspect of its jurisdiction including, export licensing, export compliance, development and successful completion of MLA’s (Manufacturing License Agreements), TAA’s (Technical Assistance Agreements), preparation of voluntary self-disclosures, export compliance programs, corporate audits, commodity jurisdictions, advisory opinions and much more.
Office of Foreign Asset Control practice includes assisting Merger and Acquisitions Counsel with CFIUS (Committee on Foreign Investment in the U.S.) filings and other compliance issues. Government Contracts practice includes Berry Amendment issues and waivers, Manufacturing Planning, Government Procurement issues related to supply contracts and assistance with the new e-verify system and requirements published by the DHS in September 2009.
For any company engaged in defense, ITAR or anti-terrorism product manufacturing one counsel to provide clarity in the areas of security clearances, export controls, government procurement and how foreign national employees and international facilities are or can be integrated into that compliance matrix is a crucial key stone in your company’s success structure and export compliance program.
Enforcement has dramatically increased in recent years, mistakes and oversights in compliance are not tolerated. The days of asking for forgiveness instead of permission are long over. Export Compliance is not costly, but defending your company against violations usually is. Lucia Casale in particular has a unique expertise to provide clients with one point of contact for this complex legal intersection that can impact your business in significant ways.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.