Export Controls and Economic Sanctions

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.