Practices  |  International Trade

Export Controls

Overview

Wiley Rein has one of the most experienced export controls practices in the nation. The Group is led by John R. Shane, who has worked actively in the export controls area for more than 20 years. Our extensive knowledge and experience assisting clients in all facets of export compliance is bolstered by our long-tenured relationships with the governmental agencies involved in administering export controls regulations, including the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS).

We routinely represent U.S. businesses and foreign businesses with U.S. affiliates and assist them in navigating the often complex requirements of the International Traffic in Arms Regulations (ITAR), administered by DDTC, and the Export Administration Regulations (EAR), administered by BIS. We are also well-versed on the Administration’s Export Control Reform (ECR) Initiative: we continuously monitor proposed rules and amendments, frequently provide explanatory and practical guidance to our clients, and help to update compliance programs and reclassify items to reflect ECR changes.

Our Practice provides the full range of ITAR- and EAR-related services, including the following:

  • Transaction counseling for exports of defense articles and services, as well as dual-use goods such as telecommunications equipment, computers and related hardware and software, encryption software, carbon, fertilizers, various chemicals, and waste water treatment equipment;
  • Risk assessment and due diligence research and analysis;
  • Development and enhancement of tailored export controls compliance programs, which also address Foreign Corrupt Practices Act (FCPA) and sanctions compliance requirements;
  • Creation and provision of export compliance training, including development and delivery of both on-site and remote training programs;
  • Compliance audits;
  • Assistance with ITAR/EAR licensing and other approvals;
  • Assistance with Commodity Jurisdiction  and Commodity Classification Requests;
  • Representation of clients before Executive branch officials, members and staff on Capitol Hill, and elsewhere;
  • Resolution of both potential and actual violations, including compliance reviews, voluntary self-disclosures, negotiation and mitigation of penalties, and defense of enforcement actions; and
  • Management of potential conflicts with foreign laws and regulatory obligations.

We have delivered these services to both U.S. and foreign exporters, reexporters, brokers, defense contractors and subcontractors, as well as manufacturers and providers of defense articles, defense services, and dual-use goods, software, and technology. For example, we have provided guidance to a number of leading companies across multiple and diverse industry sectors, including:

  • Aircraft engine manufacturers;
  • Computer and component equipment producers;
  • Encryption software and hardware developers and users;
  • Foreign and domestic banks;
  • Manned and unmanned aircraft manufacturers;
  • Mobile telephone companies and service providers;
  • Satellite communications companies;
  • International food and consumer products manufacturers and suppliers;
  • Private space launch companies;
  • Space exploration equipment providers; and
  • Universities and research institutions.

In conjunction with our export controls services, we also provide a full range of economic sanctions services for a similarly diverse cross-section of industries, both in the United States and abroad. More information on our Economic Sanctions Practice can be found here.

Contact Us

John R. Shane
202.719.7222 | jshane@wileyrein.com

Daniel B. Pickard
202.719.7285 | dpickard@wileyrein.com

Lori Scheetz
202.719.7419 | lscheetz@wileyrein.com

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