Holland & Hart has been recognized as an international leader in export control/trade sanctions defense and compliance. Our attorneys have been at the forefront of seminal export control and trade sanction investigations and enforcement actions involving matters as diverse as defense services in Iraq, nuclear weapons-related technology, and Chinese ballistic missile development.
Holland & Hart’s senior lawyer in this group, Trip Mackintosh, is the only attorney outside of Washington, D.C. who for three years running has been nationally ranked by Chambers USA for International Trade: Export Controls and Economic Sanctions. The firm’s clients benefit from his experience as well as the group’s deep connections and extensive experience working export control matters with the U.S. Departments of State, Commerce, Treasury, and Justice.
Two principal themes distinguish Holland & Hart’s trade sanctions practice: discretion and integration. Discretion in this area of law is key. The foreign policy and national security implications of these enforcement actions can have significant consequences on government clients and investors, as well as on a firm's public image. We strive to resolve matters in a manner that minimizes public scrutiny and the associated damage to goodwill.
We also approach these matters from an integrated perspective. Trade sanctions include traditional export controls on products, services, and technology. An integrated approach ensures that other important components, such as anti-corruption and anti-boycott controls, are part of the recommended solution.
As part of this integrated approach, Holland & Hart has developed a proprietary online training system that generates defensive data for companies engaged in controlled international trade.
In addition, Holland & Hart’s trade sanctions group has the backing of a premier litigation department that has been engaged to address large and complex enforcement actions.
From small privately held start-ups to publicly traded Fortune 50 companies, the export control and trade sanctions attorneys at Holland & Hart have considerable experience in this complex area of law, including:
Export Controls
Controls on the export of defense articles and technical data or dual-use articles and technology as well as the provision of defense services pursuant to the Arms Export Control Act (AECA) and Export Administration Act (EAA)/International Emergency Economic Powers Act (IEEPA). These laws are administered by the U.S. State Department’s Directorate of Defense Trade Controls (DDTC) through the International Traffic in Arms Regulations (ITAR) and U.S. Commerce Department’s Bureau of Industry and Security (BIS) through the Export Administration Regulations (EAR).
Trade Sanctions
Economic sanctions and embargoes that restrict with whom U.S. persons can conduct business. These restrictions are primarily administered by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC).
Customs Law/Import Controls
The enforcement of trade and customs laws by U.S. Customs and Border Protection. These matters typically involve the seizure of items at ports of entry, tariff classification, customs valuation, and country-of-origin requirements.
Anti-boycott Compliance
Restrictions on participating in unsanctioned foreign boycotts administered by the U.S. Commerce Department pursuant to EAR. Anti-boycott restrictions also include provisions of the Internal Revenue Code enforced by the U.S. Treasury Department.
Foreign Corrupt Practices Act
Restrictions on making corrupt payments to foreign government officials or other persons associated with foreign governments for the procurement or retention of business. The Foreign Corrupt Practices Act (FCPA) is enforced by the Department of Justice.
Homeland Security
The Global War on Terrorism has resulted in new laws and increased governmental regulation. Various agencies, with overlapping jurisdiction, now regulate international trade and investment in addition to previously existing export controls and trade sanctions. These generally fall under the umbrella authority of the Department of Homeland Security (DHS). Holland & Hart brings its substantial experience working with the DHS and other agencies to mitigate the impact of these new laws and regulations on your business.
National Security Restrictions on Investment
Holland & Hart's export control and trade sanctions attorneys are experienced in restrictions under the Exon-Florio Amendment of the Defense Production Act of 1950 and under the National Industrial Security Program, including notifications to the Committee on Foreign Investment in the United States (CFIUS), developing mitigation plans for Foreign Ownership, Control, or Investment (FOCI), and establishing compliance and technology control plans that control secured information.
Compliance and Training
From body armor and computer chips to helicopters and space launch vehicles, Holland & Hart has assisted companies in developing and monitoring comprehensive export compliance programs. We have also counseled senior management on navigating this complex area of law while reducing the impact of compliance on internal business processes. We have provided tailored online training tutorials for large multinational companies and personalized face-to-face training for company executives. Our trainees span the globe, from the United States to Asia, Europe, and the Middle East. In addition, Holland & Hart has extensive experience assisting companies in the exporter registration process, preparation and submission of export and brokering licenses, and in preparing commodity classification or jurisdiction requests.
Investigations and Enforcement
In 2007, the Department of Justice began an export enforcement initiative that has led to a tremendous increase in the investigation and prosecution of export control and trade sanction violations. They now have more than 500 federal prosecutors and agents trained on investigating export control violations and more than 20 new regional export enforcement task forces. As a result, companies are subject to more scrutiny than ever before. Violations of these laws carry significant civil and criminal penalties and the associated loss of public goodwill. Therefore, Holland & Hart clients are those companies that recognize the need for robust compliance systems, employee training, proper internal investigations, and discreet resolution of export and trade sanction matters.
Accompanying the increased government scrutiny on export controls and trade sanctions, private companies have been requested to provide unprecedented support to U.S. Government operations in Iraq, Afghanistan, and other volatile regions of the world. Companies supporting U.S. Government foreign operations often encounter these laws when exporting equipment (aircraft, body armor, optics, etc.) overseas or providing consulting services or training to foreign governments. Many companies rely on U.S. Government support for their programs and export investigations can hinder contract performance and could result in debarment or a substantial loss in revenue. Holland & Hart helps companies such as these avoid compliance issues and manage investigation responses.
