Politico Quotes Partner Eric R. McClafferty on Export Control Challenges Related to Cloud Computing
We offer one-stop, full-service export control and compliance services. We work with all of the principal export control agencies: 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). Our experienced team understands complex cross-cutting jurisdictional issues and we have been successful on several occasions in working with DDTC to have items that were classified as controlled for export by DDTC moved to BIS jurisdiction. Our team includes veterans within export control agencies - a former Assistant Secretary of Commerce for Export Enforcement at BIS and a current member of the Commerce Department's Materials Technical Advisory Committee.
We design and implement efficient, tailored compliance systems and conduct due diligence export compliance reviews for acquisitions and successor liability. In the event that export compliance issues are uncovered, we have significant experience preparing voluntary disclosures and helping our clients resolve export enforcement investigations, including assistance with enforcement site visits and post-shipment verifications. We also routinely help our clients obtain export licenses for products, software, and technology and provide day-to-day advice regarding time-sensitive export issues.
We design and implement efficient, tailored compliance systems and conduct due diligence export compliance reviews for acquisitions and successor liability. In the event that export compliance issues are uncovered, we have significant experience preparing voluntary disclosures and helping our clients resolve export enforcement investigations, including assistance with enforcement site visits and post-shipment verifications. We also routinely help our clients obtain export licenses for products, software, and technology and provide day-to-day advice regarding time-sensitive export issues.
Representative Experience
- Provided 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 commercial and military export controls in the U.K., Italy, Netherlands, Spain, France, Switzerland, Germany, Denmark, Belgium and Ireland.
- Advised 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. Coordinated 35 U.S. and foreign site visits to conduct export compliance reviews. Conducted in-person advanced export compliance training seminars for compliance managers.
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Assist a large
multinational telecommunications 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 and implement a customized compliance system at a large e-logistics provider with international operations.
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Draft content for
Commerce and State Department export compliance modules for a major e-learning
training provider.
- Assist with preparation, implementation and training for a customized compliance system at a major electronics supply company.
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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.
- Advise Fortune 50 retailer regarding export compliance issues. Draft and design web-based compliance training programs.
- Prepared a voluntary self disclosure (VSD) involving 200+
ITAR-controlled exports of technical data - resolved with a warning
letter.
- Conducted an internal compliance audit and prepared a VSD for a radar system and laser guidance system component manufacturer. The matter involved more than 80 reported violations and was resolved with a warning letter. Provided remedial training and process improvements.
- Prepared a VSD and implemented an export compliance system for a Patriot Air Defense System missile component exporter.
- Conducted a compliance audit, prepared a VSD, and designed and implemented a compliance system for a missile propulsion and explosives manufacturer.
- Prepared a VSD under ITAR and implemented compliance system improvements for a major valve manufacturer and supplier to the U.S. Navy.
- Prepared an export compliance system for a major submarine component manufacturer.
- Provide export compliance advice to numerous defense-industry clients, including: an aircraft fighter jet component exporter, a missile nose-cone manufacturer, leading composite materials defense products manufacturers and a start-up defense services/training company.
- Provided ITAR classification advice to a battlefield fuel cells manufacturer.
- Provide commodity jurisdiction advice to a military and commercial vehicle component manufacturer with $5 billion in annual revenue.
- Provide commodity jurisdiction and compliance advice for a military/intelligence electronics manufacturer.
