Wiley Rein LLP

International Trade | EXPORT CONTROLS

Wiley Rein has one of the most experienced export controls practices in the nation, led by John R. Shane, who has worked actively in the export controls area for more than 20 years and was listed by Chambers USA (2007) as one of "America's leading business lawyers."  The Practice routinely represents U.S. businesses and foreign businesses with U.S. affiliates before the U.S. Department of State's Directorate of Defense Trade Controls (DDTC) and the U.S. Department of Commerce's (DOC) Bureau of Industry and Security (BIS).  Members assist these entities 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. 

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

  • Transaction counseling for imports or exports of defense articles and services;
  • Risk assessment;
  • Development of export controls compliance programs, including coordination with Foreign Corrupt Practices Act (FCPA) and sanctions compliance requirements;
  • Compliance audits;
  • Licensing and technical assistance agreements;
  • Management of conflicts with foreign laws;
  • Representing clients before the Executive branch officials in the DDTC, the Treasury Department, and elsewhere, as well as Capitol Hill;
  • Negotiation of ITAR penalties; and
  • Defense of enforcement actions. 

Additionally, our Practice has a wealth of experience in providing EAR-related services, such as:

  • Transaction counseling for imports or exports of dual use goods such as:  telecommunications equipment, computer and related component hardware, carbon, fertilizers, chemicals, ballast water treatment, waste water treatment equipment, software, and technology;
  • Comprehensive compliance and export counseling with a particular focus on encryption software;
  • Development of global compliance programs tailored to the EAR;
  • BIS licensing and appeals;
  • Resolution of violations and potential violations, including compliance reviews, voluntary self-disclosures, and negotiation of EAR penalties;
  • Defense of enforcement actions; and
  • Retention and management of overseas counsel regarding export and import controls in foreign countries.

Our Practice is well-versed on the Export Control Reform (ECR) Initiative, providing a wide range of services to assist companies navigate the new rules and requirements, such as:

  • Timely updates of ECR changes;
  • Analyses of the practical impact of ECR;
  • Re-classification of products; and
  • Modifications to compliance programs to reflect ECR changes.

We have delivered these services to leading companies across multiple industry sectors, including:

  • U.S. manufacturers of items on the U.S. Munitions List (USML);
  • Contractors and sub-contractors to U.S. and foreign militaries;
  • U.S. and foreign brokers who are involved in the sale or purchase of USML items;
  • U.S. exporters of foreign and domestic defense articles and services;
  • U.S. exporters and foreign re-exporters of U.S.-origin dual use goods, software, and technology;
  • Aircraft engine manufacturers;
  • Computer and component equipment manufacturers;
  • Developers and users of encryption-capable software;
  • Exporters of military and dual-use goods and services;
  • International food and consumer products companies;
  • Mobile telephone companies and service providers;
  • A private space launch company;
  • A provider of sophisticated space exploration equipment;
  • Satellite communications companies;
  • Universities and research institutions; and
  • Foreign and domestic banks.

Our Practice also represents individuals facing sanctions issues, such as Office of Foreign Assets Control (OFAC) enforcement actions or professional exposure to transactions involving sanctioned countries.

Contact Us
John R. Shane
202.719.7222 | jshane@wileyrein.com

Daniel B. Pickard
202.719.7285 | dpickard@wileyrein.com


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