Many compliance issues start with fundamental misunderstandings of what constitutes an export, who is foreign (non-U.S.) for purposes of export control and which nationality governs the analysis for the various control regimes.
Our firm provides:
- Education and Training in the regulations and implementation of compliance programs that fit your organization’s needs.
- Forensic Audits to identify root cause of export violations & design remedial measures.
- Preparation of Voluntary Disclosures with the applicable agency in matters of civil violations.
Key personnel temporarily or permanently relocated to the United States or U.S. personnel to non-US locations of your company or affiliates have their own set of unique circumstances, which must be addressed holistically. Executive and other personnel decisions are an integral part of the success of your business and cannot be the last thing you consider. Our strategic approach to both the needs of management and the transferee helps to ease the stress of transfers, increase the efficiency and create an environment of empowerment for all involved.
- Ensuring the well-being of the individual employee and family.
- Complete guidance for visas and other transfer issues full life cycle support.
- Support to M&A teams when key personnel are in the balance.
- Individualized consular processing guidance beyond Department of State generalities and DIY forums.
- Transition to U.S. Permanent Residency.
- Support labor law team in the nuances of U.S. Immigration Law requirements for employment contracts, including employment at will issues and relevant personnel policies.
- Technology Control Plans (“TCP”).
Post export control reform, we have three export control regimes: International Traffic in Arms Regulations (“ITAR”) administered by the Department of State Office of Defense Trade Controls; Export Administration Regulations (“EAR”) and the EAR 600 series administered by the Department of Commerce Bureau of Industry & Security (“BIS”).
- Export license preparation DDTC & BIS, training and guidance
- CCATS filings
- CJ filings
- Interpretation of the Regulations
- Customs Rulings Requests
- Voluntary Disclosures
- Training and Compliance
- TAA/MLA (Technical Assistance and Manufacturing License Agreements)
In contract matters in the international arena our team specializes in Foreign Ownership Control & Influence (FOCI) mitigation. For foreign-owned firms, it is crucial to have access to experts with the knowledge to guide the firm through the National Industrial Security regulations and Import/Export Regulations.
- Special Security Agreements
- Proxy/Voting Trusts
- Personnel Clearances
- Relationship to ITAR, EAR and Foreign National personnel
We share a goal to help academic institutions welcome their international students from around the world while at the same time meeting the country’s need to maintain security. We address the issues ranging from export control of technical research to issues surrounding Curriculum and Optional Practical Training.
- Regulatory Guidance & Training for in-house legal departments
- Applicability & Limitations of export license exceptions
- Technology Transfer Agreements
- Safeguarding Technology
- U.S. Immigration for the academic community
Some of the most lucrative and difficult construction projects are those for Federal, State and Local Governments. For multinational firms Part 25 of the FAR, Foreign Acquisition, is both complex and fraught with compliance traps, we have been guiding firms in public construction contracts and Foreign Acquisition issues for over thirty-five (35) years.
- Bid Protests
- T for C preparation and negotiation
- T for D preparation, negotiation, litigation
- Disputes Resolution
- Compliance with FAR part 25 and FAR supplements including the DFAR