BakerHostetler provides exceptional and rapid support and detailed US compliance and export control advice.
– Chambers USA 2022
Drawing on decades of experience helping a wide variety of clients, our Export Controls and Economic Sanctions team understands the nuances of the often-changing U.S. export control and economic sanctions laws and regulations, including the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR) and the various economic sanctions regimes administered by the Department of the Treasury’s Office of Foreign Assets Control (OFAC). We provide practical and business-minded counsel in all areas affected by these laws and regulations, including export jurisdiction and classification analyses, licensing determinations, compliance, design and implementation of compliance programs, voluntary and directed disclosures, required notifications, and defense of enforcement actions.
Our team includes attorneys, trade advisers and paralegals, including several who have government and in-house experience. This diversity uniquely situates us to provide practical and business-minded counsel on the myriad of export control and economic sanctions issues that confront our clients. Outstanding client service and responsiveness are also hallmarks of our practice.
Our practice is multinational and spans numerous industries, including defense, aerospace, semiconductors, materials, manufacturing, electronics, oil and gas, maritime, biotechnology, encryption, and medical devices. We assist our clients in maintaining compliance with U.S. export controls and sanctions laws and regulations. We advise them on the scope and applicability of the ITAR, the EAR and OFAC sanctions, and work with them to ensure that their commodities, technology and software are properly classified and licensed for export and other transfers; address sanctioned person screening; and properly tailor and implement compliance programs. Also, as part of our counseling services, we regularly assist clients with related immigration issues, including compliance with both export controls and employment antidiscrimination requirements in connection with employment of foreign nationals. Our experience enables us to assist clients with applying for “deemed export” licenses and ensuring that proper procedures are in place for verification of U.S. person employee status under the ITAR and the EAR.
Representation of companies before the U.S. Departments of Justice, State, Commerce and Treasury to address potential noncompliance is also a key part of our practice. We have the knowledge and experience to handle matters in which clients are the subject of governmental audits, investigations or enforcement proceedings efficiently and effectively and to minimize exposure. We have conducted hundreds of internal investigations, export and sanctions self-assessments, and internal compliance audits to identify international trade compliance shortcomings and recommend and implement corrections. We regularly counsel clients on the scope and merits of voluntary disclosures and when further U.S. government authorization is required for items exported without the required approval.