Kelley Drye provides focused legal advice for clients seeking to resolve export control and compliance problems. Our Washington-based attorneys have years of experience working with all the principal export control agencies, including the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Nuclear Regulatory Commission (NRC), the U.S. Department of Energy (DOE), the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), and counterparts at the U.S. Department of Defense (DOD). We offer one-stop, full-service export control and compliance services.
In addition, the firm’s European office in Brussels advises clients on E.U. export controls and local member states' implementing laws regarding export controls. The office assists clients, including E.U.-based subsidiaries of U.S. companies, in preparing and filing applications for export licenses with local export control authorities, with particular emphasis on dual-use products. In conjunction with the firm’s U.S. offices, the Brussels office further specializes in advising foreign subsidiaries of U.S. companies about their obligations under U.S. export control regulations that affect their worldwide operations.
Collectively, our group has extensive experience determining how to deal with complex cross-cutting jurisdictional issues and we have been successful on several occasions in having items that were classified as controlled for export by DDTC moved to BIS jurisdiction. In addition to advising clients on compliance with these agencies’ regulations, we also have extensive experience working with the other government agencies that administer and enforce export regulations. We have also worked successfully to change proposed government regulations and practices that affect our clients’ exports. Our non-attorney export analysts have extensive experience with cost-effective electronic export compliance data analysis and with large product classification projects.
We design and implement efficient, tailored compliance systems; design and conduct basic and specialized export compliance training programs presented in person or through electronic methods, including webinars; help obtain export licenses for products, software, and technologies; provide day-to-day advice regarding time-sensitive export issues, and have consultants and attorneys available to conduct short-term and long-term on-site compliance review and improvement programs. We have experience with due diligence export compliance reviews for acquisitions and successor liability. We also have significant experience preparing voluntary disclosures, helping companies resolve export enforcement investigations, and assisting with agency enforcement/FBI/ICE site visits and post-shipment verifications. When necessary, we have litigated export enforcement matters.
Our attorneys currently work actively with more than 80 companies (including a number of very large, high volume exporters) in the following industry categories: chemical processing equipment; equipment for nuclear power plants; defense equipment; turbines; GPS equipment; plasma spray equipment; satellite technology and software; micro-channel plates (MCP’s) for night vision equipment and scientific detection uses; photovoltaic arrays and solar cells; hyperspectral imaging equipment and software; laboratory equipment; a wide variety of electronic products, including wireless routers, servers, access points, handheld PDA’s and other client-side products (many of which contain encryption subject to export rules); integrated circuits; radio frequency identification devices; internet communication equipment and techniques (VOIP, VPN’s, etc); specialty and exotic metals; office equipment; chemicals; petroleum products; and numerous other products and technologies. We also provide advice concerning the Foreign Corrupt Practices Act, Customs issues, and a wide variety of other international trade issues.
For additional information about the Export Controls Group of the International Trade and Customs Practice please contact Eric McClafferty at emcclafferty@kelleydrye.com or (202) 342-8841.
Representative Experience
- Provide export compliance training, counseling, and licensing assistance to a high technology company with over 20,000 monthly export shipments of electronic products, software, and related technology, including a high percentage of exports containing encryption.
- Assist the European subsidiaries of a large U.S. company with over 24 foreign affiliates in the review of all products for export and re-export license requirements and related export controls in the U.K., Italy, Netherlands, Spain, France, Switzerland, Germany, Denmark, Belgium, and Ireland.
- Advise an international manufacturing company with $4 billion in annual revenue concerning numerous potential export control violations, analysis of potential voluntary disclosure, document retention policies and processes, improvements to their compliance system, and related issues. Coordinate 35 site visits to conduct export compliance reviews. Conduct in-person advanced export compliance training seminars for compliance managers.
- Assist a large multinational telecom company in connection with the protection in Europe of encryption software against unauthorized disclosure in violation of U.S. and E.U. export control laws.
- Prepare, customize, implement, and provide training for a compliance system at a large e-logistics provider with international operations.
- Assist with preparation, customization, implementation, and training for a compliance system at a major electronics supply company.
- Draft an E.U. Export Control Compliance Manual for a large company with products having military, dual use, and nuclear applications, and advise the company on supplementary export control obligations arising in individual European countries.
- Act as advisor to U.S. pump and valve industry associations regarding export control issues. The firm is the primary industry contact with export control agencies regarding product, technology, and enforcement issues. Member of the Commerce Department’s Materials Technical Advisory Committee.
- Advise Fortune 50 retailer regarding export compliance and FCPA issues. Draft and design web-based compliance training programs.
- Draft content for Commerce Department and State Department export compliance modules for a major e-learning training provider.
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