Overview
Kirton McConkie assists clients in complying with the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), Office of Foreign Assets Control (OFAC) sanctions, Committee on Foreign Investment in the United States (CFIUS) requirements, anti-boycott laws, U.S. Foreign Corrupt Practices Act (FCPA), and other government laws and regulations. Our attorneys help clients understand how U.S. export controls, trade sanctions, and regulations affect their businesses and transactions around the world. From helping clients comply with registration requirements and applying for licenses to identifying, investigating, and disclosing regulatory violations, we can help companies understand the applicability of U.S. export controls and compliance requirements to their businesses.
Our attorneys offer expert assistance to aerospace, defense, intelligence clients, and other clients that conduct business abroad. We walk clients through every step of exporting products, conducting business activities, manufacturing, and exporting dual-use items, defense articles, defense services, and technical data, including the following legal services:
Investigating and Reporting Violations
- Conducting internal investigations into possible violations of export regulations, anti-bribery and anti-corruption (ABAC) laws, and other government regulations
- Drafting voluntary disclosures to the U.S. Department of State, Directorate of Defense Trade Controls (DDTC), the Bureau of Industry and Security (BIS), Office of Export Enforcement (OEE), Department of Defense (DOD), and other government agencies
- Developing corrective actions and enhancements to address compliance issues and prevent future violations
Facilitating Compliant Exports
- Assisting companies with ITAR registration for manufacturers and exporters
- Applying for and obtaining licenses or permits from the U.S. Department of Commerce’s BIS; DDTC; the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and the U.S. Department of the Treasury’s OFAC for the temporary or permanent import or export of goods, services, defense articles, and defense services
- Drafting ITAR manufacturing license agreements (MLAs), technical assistance agreements (TAAs), and warehouse and distribution agreements (WDAs)
- Conducting United States Munitions List (USML) and Commerce Control List (CCL) reviews, including commodity jurisdiction (CJ) requests to properly categorize items that fall under the CCL (e.g., electronics, computers, sensors and lasers, marine), USML (e.g., firearms, missiles, rockets, military electronics, torpedoes), or are dual-use items (i.e., goods, technology, and software that can be used for both civil and military purposes)
- Advising on ITAR Part 129 (Registration and Licensing of Brokers) for persons or entities engaging in brokering activities of U.S. or foreign defense articles or defense services
- Advising on ITAR Part 130 (Political Contributions, Fees, and Commissions) for payment of fees or commissions for the solicitation or promotion or otherwise to secure the conclusion of a sale of defense articles or defense services for the use of the armed forces of a foreign country or international organization
Providing Legal Advice, Training, Audits, and Reviews
- Conducting due diligence reviews to identify anti-corruption red flags and potential export issues
- Advising on anti-boycott laws and their applicability to international transactions
- Reviewing and developing policies and procedures, command media, and training
- Conducting compliance reviews, audits, and assessments
The penalties for violating export regulations and anti-corruption laws can be severe and result in significant fines and imprisonment. Our attorneys are committed to facilitating our clients’ growth, evaluating risk, and efficiently offering legal counsel while avoiding hefty government penalties.