International Transaction Regulations, Export Controls & Customs

Squire Sanders offers a global solution to address the regulation of imports, exports and cross-border transactions. Most global companies find that they must address the regulatory regimes of multiple jurisdictions. Successfully contending with these cross-border trade issues requires sophisticated legal counsel worldwide with the experience and reach to address evolving national security and foreign policy considerations, rapid technological advances and the burgeoning complexity of regulatory and legal structures.

We have an exceptional depth of experience in successfully dealing with the full spectrum of complex and fast-changing trade and technology transfer issues in the Americas, Europe, Asia and the Middle East. With in-depth knowledge of US, EU and other government regulations, 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, technology transfer and non-US investment in the United States.

Areas of Focus

Export Controls

• Export Controls (ITAR, EAR), Licensing and Compliance – Controls governing exports of defense articles and services by aerospace and defense industries as well as encryption and other dual-use products and technologies under the US regimes– the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), EU Regulation on Dual-use Goods and multilateral control arrangements including Missile Technology Control Regime (MTCR), Chemical and Biological Weapons (CBW) and nuclear-related items; in the United States, primarily administered by the Department of State and Commerce, with advice from DoD and other agencies.
• Sanctions and Embargoed Countries (OFAC) – Prohibitions affecting US and non-US companies (as well as their officers, directors and employees residing or working overseas) regarding trade and other dealings with sanctioned countries and persons; in the United States, primarily administered by the Department of the Treasury’s Office of Foreign Assets Control (OFAC).

Customs

• Customs Law – Duties and other requirements imposed on imports worldwide that may be addressed through customs logistics and compliance planning and employing free trade agreements, foreign trade subzones, preferential duty regimes, and classification, valuation and country of origin assessments.

Regulation of International Transactions and Foreign Investment in the United States

• National Security Review of Foreign Investment (CFIUS, FOCI) – National security review by the Committee on Foreign Investment in the United States (CFIUS) of non-US ownership or control of entities in the US defense industrial base or in critical infrastructure industries; negating foreign ownership, control and influence (FOCI); and maintaining Facility Security Clearances under the National Industrial Security Program (NISPOM).
• Foreign Corrupt Practices Act (FCPA) and Anticorruption – Anticorruption regimes in the United States and in other countries prohibit companies and individuals from offering or giving bribes to public officials (broadly defined to include, for example, employees of state-owned enterprises) to obtain or retain a commercial advantage, and impose mandatory financial controls.
• USA PATRIOT Act and Antimoney Laundering – Restrictions to protect the integrity of the US markets and financial systems by preventing criminals and terrorists from making use of them in connection with their illicit activities.
• Antiboycott Compliance – Regulation of restrictive trade practices (or boycotts), primarily responsive to the Arab League boycott of Israel and focused on prohibiting cooperation with, and mandatory reporting to, the US government of proscribed boycott requests.

Products

• International Trade Compliance Quick Start Program – We quickly implement an export controls or anticorruption program for a fixed fee, including basic policies and procedures, detailed regulatory training for compliance officials and compliance awareness training for your managers.
• International Trade Compliance Risk Assessment Program – We evaluate a company’s existing international trade compliance controls, conduct a detailed and forensic review of selected transactions and prepare a report card for management of risks of noncompliance together with our recommendations for strengthening compliance, all for a fixed fee. Download our Compliance Risk Assessment brochure to learn more about the Program.
• ITAR Handbook – We have created an ITAR Handbook, including the complete ITAR, a primer on the ITAR and government personnel phonebook, available at no charge to our clients and friends for reproduction and distribution throughout their organization. Download the ITAR Handbook, also available in A4.
• International Trade and Technology Transfer Update, complimentary bi-annual reporter– We offer clients and friends a subscription to our bi-annual update on international trade and technology transfer issues. This reporter, published every spring and fall, provides in-depth analysis on selected topics and a listing of enforcement actions relating to violations of the ITAR, EAR, OFAC and FCPA regulations.