The United States maintains a complex system of
controls and international trade regulations over the export of US goods and technology
administered by various agencies of the federal government.
The Department of Commerce – in
the Export Administration Regulations (“EAR”) and the Commerce Control List – has licensing authority over so-called “dual use” items. The EAR regulations potentially reach virtually any product or service that is to be exported (or re-exported from a foreign location).
The State Department – in the International Traffic in Arms Regulations (“ITAR”) – controls the export of any item, technology or service placed on the US Munitions List.
The Department of Treasury – through the Office of Foreign Assets Control – implements and administers sanctions and embargoes against specific countries (e.g., Cuba, Iran, Iraq, North Korea, Serbia, Sudan) and specially designated nationals and entities.
The Department of Homeland Security – through the Bureau of Customs and Border Protection – enforces all U.S. laws, including trade and immigration laws, at U.S. borders and ports of entry.
The Department of Energy enforces controls on nuclear, missile, chemical and biological weapons proliferation.
Expertise and Experience. Stephen H. LaCount has extensive experience in advising clients dealing with foreign trade controls administered by most of these federal agencies. Specific examples includes:
- Classification of goods, technology and services, obtaining licenses and other authorizations;
- Transfer of technology and technical data; “deemed export” assessment; and cooperation with foreign nationals;
- Conducting internal investigations and designing remedial measures;
- Development and implementation of internal compliance and in-house training programs;
- Negotiation of compliance settlements; and
- Counseling on compliance with Antiboycott laws and Foreign Corrupt Practices Act