Heller Ehrman attorneys help U.S. and foreign companies conduct outbound trade and investment while effectively managing regulatory compliance risks under the applicable U.S. export controls, defense trade controls, economic sanctions, and antiboycott laws.
We counsel clients on a broad range of compliance, licensing, and enforcement issues arising under U.S. laws governing exports, reexports, technology transfers, and related transactions. These regulatory frameworks include: exports and reexport controls administered by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) that apply to commodities, software, and technology with both commercial and military applications (“dual-use items”); defense trade controls administered by the U.S. State Department’s Directorate of Defense Trade Controls (“DDTC”) that apply to exports, reexports, and temporary imports of defense articles and related technical data and defense services; trade embargoes and economic sanctions administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”); and foreign boycott-related restrictions and reporting requirements set forth in both Commerce and Treasury Departments’ antiboycott laws.
Transaction-Specific Risk Assessment: We help companies assess compliance risks and determine regulatory requirements triggered by specific transactions and business relationships, including compliance with the applicable U.S. government licensing, reporting, export documentation, and record-keeping requirements.
Licensing: We assist companies in obtaining U.S. government licenses and other approvals such as BIS licenses for exports/reexports of commodities, software, and technology, and technology transfers to foreign nationals in the United States (“deemed exports”); BIS technical reviews for encryption products; DDTC’s approvals for exports/reexports and temporary imports of defense articles, technical data, and provision of defense services, including technical assistance and manufacturing agreements; BIS and OFAC licenses for commercial sales of certain medicines and medical devices to countries subject to U.S. trade embargoes (Cuba, Iran, Sudan).
Due Diligence in Corporate Transactions: Building on our broad compliance expertise, we routinely perform regulatory due diligence in the context of proposed mergers and acquisitions, joint ventures, and various types of cross-border strategic relationships. We help clients identify liability risks related to pre-acquisition transactions, devise contractual and other strategies to address such risks, and target specific compliance risks to ensure that future business operations fully comply with the applicable regulatory requirements. We also assist clients in identifying potential export controls issues and negotiating related security agreements in the context of the review of foreign acquisitions by the Committee on Foreign Investment in the United States (“CFIUS”) pursuant to the Exon-Florio Amendment to the Defense Production Act of 1950.
Compliance Programs and Training: With growing emphasis on self-regulation and compliance expectations trended upwards, we help clients ensure that their internal controls effectively safeguard against violations and stay up to date. Capitalizing on our expertise spanning all relevant regulatory frameworks, , we assist clients in designing and implementing comprehensive internal compliance programs and assessing the efficacy of their existing internal controls. In doing so, we assist clients in drafting compliance manuals and codes of conduct, and provide internal training to ensure compliance with the relevant regulatory requirements.
Enforcement: Drawing on our regulatory depth and white collar crime and investigations capabilities, we assist clients in resolving enforcement matters arising under all regulatory regimes noted above. Our attorneys help clients minimize the risk of violations, conduct internal investigations, prepare voluntary disclosures, and respond to government inquiries. We also provide representation in the event of civil or criminal enforcement action.
Our attorneys based in North America and Asia provide the following integrated, multi-jurisdictional services to meet the needs of global companies operating in North America, East Asia and the European Union.
Global Customs Compliance and Planning: We help companies design and implement global customs compliance programs – tailored to the organizational needs of the companies and in light of the countries in which they are operating. In addition to strategic advisory services, we provide customs compliance training and draft customs compliance manuals to meet client needs.
Supply Chain Management and Optimization: We help companies improve oversight and controls over their international sourcing decisions as well as their logistics and supply chain organization. Drawing on our expertise in cost management strategies, as well as customs regulations and trade agreements in North American, Asian and European countries, we have helped companies save millions of dollars by changing sourcing patterns, reducing customs duty exposure and eliminating freight and other service provider costs.
Supply Chain Security and Risk Management: We help companies effectively integrate supply chain security management into their overall business operations and participate in security programs such as the Customs-Trade Partnership Against Terrorism (“C-TPAT”) and other programs administered by other U.S. or foreign government agencies. We also advise companies on supply chain security legislative and regulatory developments in the United States and other countries.
U.S. Import Compliance – Counseling, Auditing and Dispute Resolution: We advise clients on the full range of U.S. customs compliance matters, including merchandise classification, valuation, country of origin marking, and drawback and other duty savings opportunities. Our lawyers also counsel on customs issues that involve other governmental agencies, including the Consumer Products Safety Commission, Environmental Protection Agency, the Food and Drug Administration, Federal Communications Commission, the International Trade Commission, the United States Trade Representative, and the Departments of Agriculture, Commerce, Energy and Transportation. We represent clients in Customs audits both Focused Assessments and the Importer Self-Assessment program, and in complex prior disclosures, penalty proceedings and litigation before the Court of International Trade and the Federal Circuit. With offices in major U.S. ports from Anchorage to Los Angeles to New York, we are able to interface directly with local customs officials on issues ranging from intellectual property rights seizures to negotiations over penalty matters.
Sylwia A. Lis
sylwia.lis@hellerehrman.com
+1 (202) 912-2524