Practice Areas
Our export controls practice combines regulator, industry, and litigation experience to bring premier legal representation. With government experience writing export control laws, by integrating related practice areas, and having the rare distinction of litigating export control issues, we provide unparalleled legal counsel by deeply understanding and adding depth to export controls. And with regulator experience, we are anticipatory and strategic, as we understand the government’s perspective and how to navigate otherwise highly opaque regulatory agencies.
We advise a wide range of clients – from Fortune Global companies to startups – on U.S. export controls under the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR), with substantial experience advocating before the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), and the U.S. Department of Defense’s Defense Technology Security Administration (DTSA).
For matters involving disputes with the regulatory agencies and other high-stakes situations, see our Issues & Appeals practice.
Our export controls practice handles all aspects of the ITAR and EAR, including:
Jurisdiction & Classification: We have unrivaled experience resolving jurisdiction and classification issues, which includes being deeply involved in reforming the U.S. Munitions List and Commerce Control List when in government. Additionally, we are experienced with highly complex classifications, large-scale classification projects, and we design jurisdiction and classification programs, including an enterprise-wide program for a major U.S. defense prime under an ITAR consent agreement.
General Counseling: We work with companies to resolve export control concerns, such as by providing legal guidance on regulatory interpretations, advising on transactional compliance issues, ITAR registration questions, and working with non-U.S. clients on the de minimis and foreign direct product rules. We also advise companies on licensing strategies, writing effective licensing applications, proviso reconsiderations, and applying for hard-to-obtain licenses involving significant concerns.
Compliance Programs: We design and implement best-in-class compliance programs that are specifically tailored to the company’s activities and risk profile. An effective compliance program not only prevents violations from taking place, as well as time-consuming investigations, but they also provide significant credit in enforcement actions. We have worked with scores of companies on developing compliance programs, including companies under ITAR consent agreements.
Investigations & Enforcement: We work with companies to conduct internal investigations into potential violations and defend against government investigations. As part of that process, we determine whether a violation took place, analyze whether the violation is enforceable, and identify other legal defenses. We also advise companies in the highly opaque area of enforcement proceedings, including defending against and negotiating the terms of proposed charging letters and consent agreements.
Consent Agreements: We have substantial experience assisting companies on ITAR consent agreement compliance, including publicly traded and Fortune 500 companies. We are experienced with defending and negotiating consent agreements, as well as in helping companies to comply with their consent agreement terms, such as by developing enterprise-wide policies and procedures and by performing the jurisdiction and classification review.
To learn more about our services, please contact Christopher Stagg or call (202) 771-7579.
The first of its kind, our dedicated Issues & Appeals practice focuses on high-stakes export control matters and regulatory agency disputes. We persuasively advocate for the reversal of adverse agency decisions by uncovering the key issues and by understanding export controls in the context of constitutional and other legal requirements. And we use those same skills to resolve issues that are not before the government, such as regulatory interpretations or disputes between private parties. We also help clients shape export control laws by persuasively advocating for regulatory changes.
When the government takes an adverse position or a regulatory complexity is encountered, our Issues & Appeals practice steps in with unparalleled legal counsel by combining our experience writing export control laws and litigating export control issues, as well as by integrating related practice areas, such as administrative and constitutional law.
We handle Issues & Appeals for a wide range of clients – from Fortune Global companies to startups – involving the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR), with substantial experience advocating before the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), and the U.S. Department of Defense’s Defense Technology Security Administration (DTSA).
Our Issues & Appeals practice handles:
Agency Appeals: Agency appeals can be of critical importance to reverse adverse government actions. With our substantial experience, we persuasively advocate for and guide clients through an otherwise highly opaque area to provide “last resort” legal counsel in these special situations. We help clients seek the reversal of adverse agency actions, enforcement matters, regulatory interpretations, and commodity jurisdiction or commodity classification cases.
Enforcement Defense: Whether submitting a voluntary disclosure, responding to a directed disclosure, or defending against a proposed charging letter, the advocacy and legal strategy behind those situations needs to fully consider the law, including administrative and constitutional law. We uncover key legal issues and defenses, analyze whether a violation took place and whether the violation is enforceable, and identify other mitigating factors – areas that can greatly impact enforcement cases.
Regulatory Interpretations: Whether a company receives a regulatory interpretation from the government or is seeking to interpret the law itself, we have substantial experience construing export control laws in light of constitutional, statutory, and administrative law requirements, including assessing the validity and enforceability of agency interpretations. We also have successfully sought judicial review of agency interpretations through litigation, including at the appellate level.
Delisting Petitions: As the export control agencies increasingly list more individuals and entities as restricted parties, we assist such restricted parties with petitioning for removal from those lists, such as the BIS Entity List and the AECA Debarred List. For example, we have successfully petitioned for the reinstatement of a party who was statutorily debarred under the ITAR.
Regulatory Changes: With deep experience on the government side in writing export control regulations and addressing public comments to rulemaking, we help companies advance and protect their interests with effective public comments and petitions for rulemaking that anticipate and address the government’s concerns. For example, we have worked with clients to ensure that new regulations exclude their activities, are not implemented, or are modified to limit their consequences.
To learn more about our services, please contact Christopher Stagg or call (202) 771-7579.
Combining its national security and export controls experience, two areas that the Committee on Foreign Investment in the United States (CFIUS) are heavily influenced by, we advise U.S. and non-U.S. parties on all matters before CFIUS, as well as related notice requirements under the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). We help clients navigate this multi-agency national security review process with anticipatory and forward-looking guidance, to show CFIUS that the transaction should be permitted.
Jurisdictional Analysis: We assist clients with determining whether CFIUS has jurisdiction over a proposed transaction and whether a filing is mandatory or voluntary should CFIUS have jurisdiction.
Risk Assessment: We advise clients on the likely national security risks a proposed transaction may create, as well as anticipated government concerns and objections, with potential avenues to mitigate them in advance.
Critical Technology Review: With an industry leading export control jurisdiction and classification practice, we have substantial experience determining whether an entity is sufficiently involved with one or more critical technologies.
CFIUS Filings: We assist clients with preparing and filing effective and responsive CFIUS declarations and notices that anticipate the government’s national security concerns and questions.
To learn more about our services, please contact Christopher Stagg or call (202) 771-7579.