Export Controls & Trade Sanctions

Squire Sanders has exceptional experience maneuvering through the full spectrum of export controls and trade sanctions issues around the world. With in-depth knowledge of government regulations in the Americas, the EU, Asia, the Middle East, as well as agency practice, the interagency process and government decision makers, our lawyers assist clients with some of the most challenging legal issues that arise in the conduct of international trade and technology transfer.

Our export controls practice’s abilities and experience are second to none. We have dealt in every category of the dual-use controls list. More than understanding classification and export licensing requirements, we know the underlying policy considerations and agency practices. Within the United States we advise on all aspects of export controls, including the laws governing exports of defense articles and services as well as encryption and other dual-use products and technologies regulated under the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) regimes.  Within the European Union, where responsibility for administering export controls is controlled at both EU level and at national level, we have particular strength in advising on the different export restrictions on military and dual-use goods, which can vary between Member States.

Trade sanctions are filled with pitfalls for the unwary. Squire Sanders lawyers are well-versed in the complex prohibitions affecting organizations (as well as their officers, directors and employees) regarding trade and other dealings with sanctioned countries and persons subject to trade embargoes and other economic sanctions.

We have significant expertise in advising on and implementing internal compliance programs to address compliance in all jurisdictions where organizations operate. Advising on dealing with screening transactions, reexports and retransfers, deemed exports and reexports, ITAR “contamination” or “taint” and sanctions compliance. We also advise clients on notifications for breaches of export controls and trade sanctions regulations and mitigating potential penalties imposed by national authorities.

We routinely provide clients counseling and legal representation regarding a wide range of export controls and trade sanctions issues, including the following:

• Awareness training and in-depth compliance official training
• Commodity and encryption classification requests
• Commodity jurisdiction requests
• Compliance programs including technology control plans
• Compliance tools and resources: handbooks, workshops and subscription to regular updates and alerts
• Due diligence investigations and transaction reps and warranties
• Enforcement actions
• International investigations
• Licensing requirements including the use of exceptions, exemptions and general licenses
• Obtaining license and other export authorizations
• Regulatory and compliance advice
• Risk assessments and compliance audits
• Structuring transactions to ensure compliance and avoid unnecessary licensing
• Voluntary and directed disclosures