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Fragomen’s
Export Controls Practice Group provides a comprehensive range
of U.S. export control services and solutions.
Our export control professionals regularly provide guidance
and counsel to Fortune 500 companies in the semiconductor, telecommunications,
aerospace, defense, computer, energy, information security and
electronics sectors as well as mid-size and start-up companies
in equally diverse industries.
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We represent companies and academic institutions before the Department
of Commerce, Bureau of Industry and Security (“BIS”),
Department of State, Directorate of Defense Trade Controls (“DDTC”),
the Department of Treasury, Office of Foreign Assets Control (“OFAC”)
and other agencies involved in the administration, investigation
and enforcement of U.S. export control laws.
Fragomen attorneys have testified before Congress on national security
issues and routinely provide comments to the U.S. government on
administrative policy and regulatory initiatives. In addition, our
export control attorneys frequently author articles and present
at national export control conferences, law schools, and corporate
in-house training programs.
We strive to provide innovative solutions. For example, we have
developed the Fragomen Product and Technology MatrixTM, a proprietary
export classification tool that facilitates the evaluation and classification
of an organization’s products and technologies (Download
more information on the Fragomen Product and Technology MatrixTM).
We recognize that an organization’s size, staffing resources,
and the nature of compliance challenges dictate the role and utilization
of outside export control counsel. For that reason, our services
range in scope from representation and counsel in transactional
and enforcement matters to acting as the functional equivalent of
the client’s export compliance team.
SERVICES
Fragomen’s Export Controls Practice Group service offerings
include:
- Deemed export licensing, compliance counseling, and representation,
including the provision of deemed export solutions incident to
the visa processing, recruitment, hiring and deployment of foreign
nationals.
- Representation of clients in export control enforcement
actions and government investigations.
- Internal investigations and preparation of voluntary disclosures.
- Development of comprehensive export control compliance programs.
- Audits of export control programs, processes, documentation
and transactions.
- Product and technology classification assistance including
self-classification, commodity classification and commodity jurisdiction
requests.
- Preparation, submission and monitoring of export license
applications.
- Counsel on Export Administration Regulations (“EAR”)
encryption rules and preparation and submission of required encryption
review requests or notifications.
- Export control merger and acquisition due diligence.
- Development of training modules and provision of in-house
training.
REPRESENTATIVE EXPERIENCE
- Testified before Congress on behalf of major industry coalition
regarding national security issues.
- Conducted internal investigation and assisted in preparation
of voluntary disclosure involving over 1000 violations of the International
Traffic in Arms Regulations (“ITAR”), resulting in issuance
of a warning letter in lieu of fines and penalties.
- Represented large multi-national computer company in connection
with a BIS investigation into illegal exports and re-exports.
- Successfully negotiated limitations on the scope of a burdensome
BIS deemed export subpoena on behalf of major communications company.
- Prepared voluntary disclosures for numerous companies and
academic institutions regarding the unlawful transfer of controlled
technology to foreign nationals.
- Successfully represented a Fortune 100 company in a BIS
audit of the company’s deemed export Technology Control Plan.
- Served as out-sourced export control administrator on both
a temporary and long-term basis for Fortune 500, mid-size, and start-up
technology companies.
- Developed and assisted implementation of comprehensive export
control compliance programs for numerous Fortune 500 companies.
- Designed recruitment materials, employment applications
and foreign national questionnaires for Fortune 500, mid-size and
start-up companies to elicit deemed export information and documentation
in a non-discriminatory manner.
- Led self-classification efforts for major semiconductor,
electronics and telecommunications companies covering thousands
of commodities and technologies, including the development of comprehensive
ECCN matrices.
- Prepared and submitted commodity classification requests
for hundreds of products and technologies.
- Prepared or assisted in the preparation of export and temporary
import licenses for EAR and ITAR controlled equipment and technology.
- Prepared encryption review requests and notifications for
export of controlled encryption commodities, software and technology.
- Represented major research university in obtaining landmark
advisory opinion from U.S. Department of State on the application
of “fundamental research” exemption in an academic setting.
- Developed “de minimis” evaluation tool and assisted
leading foreign companies in “de minimis” calculations.
- Counseled and represented individuals and companies on conducting
lawful business and travel transactions with Cuba and other embargoed
destinations.
- Represented various clients in Visas Mantis referrals and
ensuing investigations.
SELECTED PUBLICATIONS, SPEAKING ENGAGEMENTS AND CONGRESSIONAL
TESTIMONY
- “Basics of U.S. Export Controls”, Santa Clara
University School of Law, March 2005.
- “Recent Developments in Export Enforcement Cases”,
American Bar Association, Section of International Law, National
Audioconference, March 2005.
- “Deemed Export Workshop”, American Conference
Institute, Defense Industry Compliance Conference, February 2005.
- “Deemed Exports and the Employment of Foreign Nationals”,
Washington Tariff and Trade Letter, National Audioconference, October
2004.
- “Export Controls”, Organization of Women in
International Trade, Annual Dallas/Houston Chapters Export Controls
Conference, September 2004.
- “How to Keep Your Clients From Violating Export Rules”,
American Bar Association International Law News, Vol. 33, No. 4,
Fall 2004.
- “Export Controls Update”, Association of Corporate
Counsel, Chicago Chapter, June 2004.
- “Export Controls: Key Issues in Higher Education and
Research”, NAFSA – Association of International Educators,
National Conference, May 2004.
- “Impact of Technology Controls on Foreign Scholars”,
NAFSA – Association of International Educators, Regional Conference,
November 2003.
- “U.S. Export Controls and Visa Processing”,
Testimony to Committee on Government Reform of the U.S. House of
Representatives, August 2003.
- “Protecting National Security: Changing Workplace
Policies on Foreign National Access to Biotech Materials”,
BioProcess International, Vol. 1 No. 4, April 2003.
- “Recruiting Workers Post 9/11: How to Avoid Immigration
Discrimination While Considering Export Control Concerns”,
Practicing Law Institute, January 2003.
- “Emerging Export Compliance Concerns”, Biotechnology
Industry Organization (BIO), October 2002.
- “Export Controls, Technology, and the Foreign National
Hire”, American Council on International Personnel (ACIP),
June 2002.
- “The Deemed Export Rule: Export Licensing and the
Employment of Foreign Workers”, Immigration Business News
& Comment, Vol. 2 No. 7, April 2000.
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