Export Control Updates

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Steven K. Brotherton
Tel +1 415 263 8442
San Francisco

Since February 2011, the Form I-129 requires a company sponsoring an H-1B, H-1B1, L-1 or O-1A worker to certify that it is has reviewed export control regulations and select whether (a) the company does not need an export license; or (b) that an export license is required and controlled technologies will not be released until an export license is obtained. Read the FAQ. GO>

Export Controls

The global movement of people, goods and technology is critical to the success of today’s companies. In fact, both small and large enterprises are likely to engage in exports on a routine basis – whether by exporting products, releasing know-how to foreign partners or subcontractors, or providing technical data to foreign national employees.

As global business has expanded, export control regulations have grown in importance to ensure the protection of critical dual-use and military technologies. A breakdown in complying with these laws can lead to delays in product launch, manufacturing, shipment of goods and even the utilization of a foreign national workforce, not to mention significant government fines and penalties.

The Export Controls Practice Group advises companies and academic institutions on all aspects of U.S. export control regulations, including those related to the transfer of technical data or know-how to foreign persons in the United States ("deemed exports"). Click to review a list of our representative experience. As part of the world’s leading immigration law firm, we understand the complexities with evaluating deemed export issues.

As part and parcel to our practice, we regularly advise clients on the Export Administration Regulations (“EAR”), International Traffic in Arms Regulations (“ITAR”) and U.S. Department of Treasury, Office of Foreign Assets Control (“OFAC”) sanction regulations. We provide guidance on foreign export control regulations as well.

Our approach is to provide practical advice and guidance that our clients can use to make sound business decisions. We partner with clients to design export compliance systems that not only ensure adherence to the law, but facilitate the efficient movement of people, goods and technology to meet business demands without unnecessary delays due to unexpected export control consequences.

We also help our clients improve their systems by conducting audits, establishing corrective actions when needed, conducting investigations, and providing representation in enforcement actions.

We provide a wide range of export control services, including:

  • Development and implementation of global export control management systems.
  • Deemed export licensing and compliance counseling, including top-to-bottom programs for the hiring and deployment of foreign persons.
  • Guidance regarding the export controls certification requirements found in Form I-129 nonimmigrant visa petition.
  • Evaluation and classification of products, technology and technical data to determine applicable controls, including the preparation of commodity classifications and Commodity Jurisdiction requests when appropriate.
  • Compliance audits and internal reviews.
  • Training and education programs for executive management, employees and trade compliance professionals.
  • Export control mergers & acquisitions due diligence.
  • Representation in government investigations and enforcement actions.
  • Preparation of voluntary self-disclosures and related mitigation plans.
  • Preparation of EAR, ITAR and OFAC export license applications.

For more information please email .