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.