Practice Areas & Industries: Fragomen, Del Rey, Bernsen & Loewy, LLP

 





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Practice/Industry Group Overview

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.


 

Services Available

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.

EXPORT CONTROLS: REPRESENTATIVE EXPERIENCE

  • Performed DDTC- mandated ITAR audit of $15 billion electronics company, reviewing over 25 key manufacturing locations in five countries.
  • Served as outsourced export compliance managers for a variety of clients, performing day-to-day export licensing, classification and compliance program development and implementation.
  • Designed recruitment materials, employment applications and foreign national questionnaires for Fortune 500, mid-size and start-up companies to address deemed exports in the recruitment, employment and deployment of foreign nationals.
  • Developed global export compliance programs for companies ranging from start ups to Fortune 500 companies. Served as strategic advisors to executive teams to advise on export control considerations in corporate restructuring of global supply chains.
  • Worked with numerous client HR, Export Control, and Legal teams and developed processes and workflows to address the export control certification in the I-129 Petition for H, L or O visa.
  • Served as lead counsel for the successful resolution of a major ITAR jurisdiction dispute impacting the global aircraft and automobile industries.
  • Successfully represented a Fortune 100 company in a BIS audit of the company’s deemed export compliance program.
  • Led export classification efforts for major semiconductor, electronics and telecommunications companies covering thousands of commodities and technologies, including the development of comprehensive export control classification matrices.
  • Advised on encryption related export control requirements covering U.S., Singapore, French, and other foreign laws for global software, electronics and semiconductor companies.
  • Prepared export licenses and agreements for a variety of ITAR clients and, in turn, improved the clients’ processes for preparing and submitting licenses and agreements to DTCL.
  • Conducted internal investigation and assisted in preparation of voluntary disclosure involving over 1000 violations of the ITAR, resulting in issuance of a warning letter in lieu of fines and penalties.
  • Served as lead counsel for large computer company in investigation and favorable resolution of U.S. government enforcement action covering exports to sanctioned countries.
  • Prepared voluntary disclosures for numerous companies and academic institutions regarding the unlawful transfer of controlled technology to foreign nationals.
  • 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.

 
 
Articles Authored by Lawyers at this office:

Government Holiday Closures May Delay Work Permit, Visa Application Processing
, December 13, 2013
During the holiday season, many government offices worldwide will close or have reduced staff and hours of operation, likely resulting in processing delays for work permits, residence permits and visas over the coming weeks and into the new year.

January 2014 Visa Bulletin: EB-3 Cut-Off Dates Advance Significantly for Most Countries; No Forward Movement for EB-2 and EB-3 India
, December 13, 2013
According to the State Department’s January Visa Bulletin, the EB-3 subcategory for professionals and skilled workers will advance by six months, to April 1, 2012, for China and most countries. EB-3 India will remain at September 1, 2003.

Government Restricts Entry of Short-Term Interns and Trainees
, December 09, 2013
According to recent reports, foreign nationals intending to enter China as trainees or interns for less than three months are experiencing increased difficulty in obtaining business visas, though there has been no official announcement of a change in policy from the Chinese government.

Immigration Agency Simplifies International Travel Authorization for Minors
, December 09, 2013
The Mexican immigration authority announced that minors traveling outside of Mexico without their parents or legal guardians will soon be able to present a standardized, simplified form upon exiting the country. The form is not yet available, but the National Immigration Institute (INM) is expected...

Immigration Fraud Scam Targets Foreign Nationals
, December 09, 2013
Foreign nationals in France should be on guard against an ongoing immigration fraud scheme.

Political Demonstrations May Slow Immigration Processing
, December 09, 2013
Government offices responsible for immigration processing have temporarily relocated or are reducing their hours due to ongoing political demonstrations in parts of Bangkok. This is likely to cause processing delays for the next several weeks at least.

TSA Is Accepting Applications for PreCheck Expedited Security Screening Program
, December 09, 2013
The Transportation Security Administration (TSA) is expanding the availability of PreCheck - its expedited security screening program for select travelers at designated airports. On December 4, 2013, TSA began accepting applications from U.S. citizens and lawful permanent residents seeking to...

The Upcoming H-1B Cap Season: Planning Ahead Is Key
, December 09, 2013
The FY 2015 cap season will begin on Tuesday, April 1, 2014. Though the opening day of the filing period is still several months away, it is not too early for employers to begin assessing their H-1B needs and filing labor condition applications (LCAs) with the Labor Department.

November EB-2 India Numbers Exhausted Faster Than Anticipated
, December 05, 2013
Due to the unprecedented demand for EB-2 India immigrant visa (IV) numbers, foreign nationals with priority dates between November 2004 and June 2008 may not have had their cases processed to completion last month. November's available numbers were exhausted earlier than expected, according to the...

New E-Verify Security Enhancement Deters Fraudulent Use of SSNs
, November 28, 2013
U.S. Citizenship and Immigration Services (USCIS) announced an enhancement to the E-Verify program that is intended to combat identity fraud by detecting and preventing potential fraudulent use of Social Security numbers (SSNs) to gain work authorization. Specifically, this new enhancement enables...

New Employer Compliance Obligations Take Effect in Virginia and California
, November 28, 2013
In California and Virginia, employers are subject to new immigration-related obligations that take effect in the near future.

Home Office Expands Expedited Processing and Customer Service Options
, November 26, 2013
The UK Home Office recently announced several initiatives aimed at improving customer service for visa applicants.

Nine Countries to Remove Work Restrictions for Bulgarians, Romanians on January 1
, November 26, 2013
Bulgarian and Romanian nationals will soon be able to work freely throughout the European Union (EU) after work restrictions for these nationals expire in nine countries on January 1, 2014. Austria, Belgium, France, Germany, Luxembourg, Malta, Netherlands, Spain, and the United Kingdom will allow...

Subclass 457 Labor Market Testing Requirement Takes Effect November 23
, November 21, 2013
The labor market testing requirement for the Temporary Work (Skilled) (subclass 457) visa program, which was approved earlier this year, will take effect on November 23, 2013, the Department of Immigration and Border Protection (DIBP) recently confirmed.

Bangalore FRRO Relocation Causes Processing Delays
, November 19, 2013
The Bangalore Foreigners Regional Registration Office (FRRO) moved to a new location on November 12, 2013.

Holiday Travel Planning for Foreign Nationals
, November 19, 2013
As the holidays approach, many foreign nationals are planning international travel. Now is the right time to make sure you are prepared, from an immigration perspective, to depart and reenter the United States. Understanding your immigration obligations can help minimize the possibility of delays.

All Work Permit Processing in Ho Chi Minh City Suspended Pending Release of Government Guidance
, November 13, 2013
Without prior notice, Vietnam’s Labor Department in Ho Chi Minh City has announced that as of November 4, it will not accept new or renewal work permit applications or adjudicate pending applications until the Ministry of Labor, Invalids and Social Affairs (MOLISA) publishes a circular with...

Caps Introduced for the Canadian Experience Class Permanent Residence Program
, November 13, 2013
Canada is introducing a new cap on the number of permanent residence applications it will accept under the Canadian Experience Class (CEC) program. Citizenship and Immigration Canada (CIC) will accept only 12,000 CEC applications between November 9, 2013 and October 31, 2014.

December 2013 Visa Bulletin: EB-3 Cut-Off Dates Advance Significantly for Most Countries; Significant Retrogression for EB-2 India
, November 13, 2013
December 2013 Visa Bulletin: EB-3 Cut-Off Dates Advance Significantly for Most Countries; Significant Retrogression for EB-2 India

IRS Warns of Fraud Scheme Targeting Foreign Nationals and Others
, November 13, 2013
The Internal Revenue Service (IRS) has issued a warning about a sophisticated telephone scam that has been targeting recent immigrants and taxpayers throughout the country. In the scam, individuals purporting to be from the IRS tell victims they owe IRS money and pressure them to pay by providing a...

Heightened Scrutiny and Processing Delays Expected After Government Officials Dismissed
, November 08, 2013
Employers should anticipate immediate stricter scrutiny and delays in the processing of immigration applications in the short term, following the dismissal of two division heads at the Ghana Immigration Service (GIS) this week.

State Department Projects EB-2 India Retrogression in December
, November 06, 2013
The immigrant visa priority date cut-off for EB-2 India is expected to retrogress to late 2005 or early 2005 in December, a senior State Department official has indicated. Charles Oppenheim, the DOS official responsible for visa control, recently shared these and other predictions for the December...

Minimum Salary to Increase for Type “B” Work Permits on January 1
, October 28, 2013
Effective January 1, 2014, the minimum base salary for highly skilled foreign workers applying for Type “B” work permits will increase by approximately two percent for highly skilled workers to €39,422 annually, from €38,665. The minimum base salary for senior management and...

Cancellation Notices No Longer Accepted
, October 25, 2013
Effective immediately, the National Immigration Institute (INM) in Mexico will no longer accept formal notification of a foreign national’s end of employment.

Reminder: FY 2015 Diversity Visa Lottery Registration Ends Saturday, November 2
, October 24, 2013
Registration for the FY 2015 Diversity Visa (DV) lottery ends on Saturday, November 2 at noon EDT. Foreign nationals who wish to register for the FY 2015 lottery must submit their online registration forms and accompanying photographs by that time. Applicants must carefully follow the State...

E-Verify Resumes Operations
, October 22, 2013
In the wake of the federal shutdown, the E-Verify employment eligibility verification system is back online. Participating employers have until November 5, 2013 to initiate E-Verify cases for employees hired during the shutdown, according to new guidance from USCIS. With the system back online,...

Expanded Work Rights for Foreign Students
, October 22, 2013
In January 2014, New Zealand will expand work rights for foreign students in an effort to make the country more attractive for international study.

Immigration Operations After the Federal Shutdown
, October 22, 2013
The Department of Labor’s Office of Foreign Labor Certification (OFLC) is expected to reopen soon, as government agencies return to work in the wake of last night’s passage of a federal budget and debt ceiling bill. It may be several days, however, before OFLC’s PERM, labor...

Online Visa Application System to be Implemented in Stages
, October 17, 2013
Taiwan’s National Immigration Agency (NIA) is phasing in an online application system for certain mainland Chinese nationals entering Taiwan for business travel or work assignments.

Visa Applications to be Simplified for Chinese Visitors
, October 16, 2013
The UK Chancellor of the Exchequer has announced a three-step plan to streamline the visa application process for Chinese visitors.

Home Office Introduces Immigration Reform Bill to Parliament
, October 15, 2013
The UK Home Office has introduced to Parliament a bill that seeks to curb unauthorized immigration by broadening the enforcement authority of immigration officers and by making it easier for the UK government to deport those lacking valid immigration status. The bill would also impose new limits on...

November 2013 Visa Bulletin: EB-3 Cut-Off Dates Move Ahead for Most Countries; Modest Advancement for EB-2 China
, October 14, 2013
According to the State Department’s November Visa Bulletin, the EB-3 subcategory for professionals and skilled workers will advance by three months for most countries, to October 1, 2010, but EB-3 India will remain at September 22, 2003.

Fast-Track Residence Permits Expand to Cover Additional Categories
, October 11, 2013
The Spanish Congress has enacted a law that creates fast-track residence permits for managers and highly skilled workers, intracompany transferees, scientific researchers, university lecturers, entrepreneurs and investors, and establishes eligibility criteria and processing times for these...

Minimum Salary Increase for Certain Non-EU Workers
, October 11, 2013
Non-EU nationals sponsored for Luxembourg work permits as intracompany transferees or as locally hired temporary employees must be paid at least €2,305.23 per month. The increased salary requirement applies to new and renewal work permit applications submitted on or after October 1, 2013.

Immigration Fraud Schemes Continue to Target Foreign Nationals
, October 09, 2013
Foreign nationals must continue to be on guard against a widespread fraud scheme currently being perpetrated in the United States.

Home Office Launches Registered Traveler Pilot Program
, October 07, 2013
The UK Home Office has announced it is piloting a registered traveler program that provides expedited entry for eligible nationals of Australia, Canada, Japan, New Zealand and the United States who are entering in visitor categories. Registered travelers are permitted to use the border inspection...

Temporary Resident Permit Introduced for Foreign Investors
, October 07, 2013
Third-country nationals who make a significant investment in the Dutch economy can qualify for a new investor residence permit category, effective on October 1, 2013. The new permit is valid for one year initially and can be renewed if the holder continues to meet eligibility requirements. The...

USCIS and the SEC Combat Immigrant Investor Fraud
, October 07, 2013
USCIS and the U.S. Securities and Exchange Commission’s (SEC) Office of Investor Education and Advocacy have jointly issued an alert to warn of fraudulent investment scams targeting foreign nationals who seek to become permanent lawful U.S. residents through the EB-5 program.

2015 Diversity Visa Lottery Is Open for Registrations
, October 03, 2013
The State Department has begun accepting registrations for the FY 2015 Diversity Visa Lottery. Foreign nationals have until Saturday, November 2, 2013 at noon EDT to submit their online registration forms and accompanying photographs.

Cancellation Before Departure Now Mandatory for Professional Visit Passes
, October 03, 2013
Effective immediately, the Immigration Department in Peninsular Malaysia (West Malaysia) requires that a Professional Visit Pass (PVP) be cancelled upon completion of the holder’s assignment and before departure. The Department has indicated that failure to comply with the tightened...

Electronic Submission of Supporting Documents Now Required for All In-Country Applications
, October 03, 2013
Foreign nationals must electronically submit supporting documents to schedule an appointment online for all in-country immigration process at Foreigners Regional Registration Offices (FRROs) and Foreign Registration Offices (FROs) throughout India. The requirement was recently announced on...

Federal Shutdown Has Immediate Impact at DOL, E-Verify
, October 03, 2013
Employers are already feeling the immigration impact of the federal shutdown that took effect at 12:01am EDT today. The following is the latest information on immigration operations at affected agencies.

How a Federal Shutdown Will Affect Immigration Operations
, October 03, 2013
As Congress continues to debate the federal budget, administrative agencies are preparing for a government shutdown at 12:01am EDT on October 1 in the event that a budget agreement or stop-gap measure is not reached. The following is the latest information on the effect of a shutdown on immigration...

Significant Increase in Worksite Inspections and Deportations
, October 03, 2013
Local authorities in Israel continue to ramp up their immigration enforcement efforts, with recent unannounced worksite visits made to several multinational corporations involved in government and other types of projects. A key focus of the worksite visits is whether business visitors may be...

What to Expect During the Federal Shutdown: Information for Foreign Nationals
, October 03, 2013
The U.S. Congress was not able to come to consensus on the federal budget by the October 1 deadline. As a result, many U.S. government operations - including some key immigration functions - will be suspended until an agreement is reached.