Export Controls

Solid, compliant export control policies and practices are key components in successful international commerce. To help clients develop, implement and update their policies and practices, Cohen & Grigsby’s Export Controls Group offers expertise across the entire range of export control issues, including economic sanctions, anti-boycott and anti-bribery laws and regulations.

We advise and represent clients in connection with classification, licensing, compliance and civil and criminal enforcement matters under U.S. export control laws and regulations. Moreover, our experience and client base encompass small businesses and large multinationals — based in the U.S. and abroad — in a diverse range of industries, including software and technology, manufacturing, distribution, university research and pharmaceuticals.

Comprehensive Services

As part of our comprehensive portfolio of client services, our attorneys:

• Advise clients on all aspects of classification, licensing and compliance with U.S. Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), economic sanctions programs of the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC Sanctions), and Bureau of Alcohol, Tobacco & Firearms regulations regarding importation of Munitions (BATF Regulations)
• Counsel clients on compliance with anti-bribery provisions of the U.S. Foreign Corrupt Practices Act; the anti-boycott provisions of EAR, and U.S. anti-money laundering laws and regulations — including requirements of the USA Patriot Act
• Conduct export compliance self-assessments and consult with exporters on specific compliance issues including, where appropriate, submission of “voluntary disclosures”
• Represent clients before the U.S. Department of Commerce Bureau of Industry & Security (BIS), U.S. Department of State Directorate of Defense Trade Controls (DDTC), OFAC and U.S. Customs and Border Protection (CBP). Our representation includes license applications, investigations and civil enforcement proceedings brought under EAR, ITAR, BATF Regulations and OFAC Sanctions, and seizure and liquidated damage proceedings before CBP
• Review export procedures and develop a comprehensive export compliance manual and an internal compliance program tailored to clients’ specific exporting requirements, including “deemed export” compliance issues, enterprise information technology export compliance and intangible export compliance
• Conduct export compliance due diligence on target companies in mergers and acquisitions and advise on appropriate measures in stock and asset purchases and other acquisition agreements in light of “successor liability” decisions and interpretations of BIS, DDTC and CBP
• Advise clients on “Exon-Florio” and Committee on Foreign Investment in the United States rules regarding foreign acquisitions of U.S. businesses affecting U.S. national security
• Prepare DDTC commodity jurisdiction and BIS commodity classification requests
• Assist clients in export license applications, including “deemed export” and “re-export” matters
• Counsel exporters on ITAR registration and general export clearance requirements, including Foreign Trade Regulations of the U.S. Census Bureau (such as Shipper’s Export Declarations, Schedule B numbers, AES), EAR “routed transaction” rules and record-keeping matters
• Assist clients in selecting export methods — including direct export to foreign customers, use of an intermediary sales representative or distributor, and establishment of foreign branches — that comply with, and maximize the advantages of, U.S. and foreign tax laws and applicable treaties
• Advise clients on specific programs, such as Overseas Private Investment corporation financing and insurance, designed to stimulate U.S. exports
• Draft and document international agreements covering foreign distribution, sales representation, joint ventures and contract manufacturing

Recognized Leaders in the Discipline

Our “Culture of Performance” at Cohen & Grigsby prioritizes client satisfaction and drives us to add value to client services by achieve leadership positions in the disciplines in which we practice. This emphasis is particularly evident in our Export Controls Group, which includes attorneys who:

• Serve on the board of the Western Pennsylvania District Export Council
• Advise the Regional Export Assistance Network of the Southern Alleghenies Planning and Development Commission
• Have served in senior U.S. government export control policymaking positions and as in-house export/import counsel for multinational corporations
• Regularly deliver expert presentations on export control and international business matters
• Serve on the boards of local university international programs and business development centers
• Serve on American Bar Association export control working groups