If you've arrived at this site, you either know or may be startled to learn that exports of many US-origin goods ~ and disclosures of most US-origin technology to non-US persons anywhere in the world ~ are subject to a complex array of governmental controls, requiring governmental export licenses in some circumstances and due diligence/record-keeping in virtually all circumstances. Some of the control regimes are administered by the Commerce Department's Bureau of Industry & Security (BIS), others by the State Department's Office of Defense Trade Controls (ODTC), and still others by the Treasury Department's Office of Foreign Assets Control (OFAC), among a number of other US agencies.
To make a long story short: If you export from the US, or disclose proprietary US-origin technology to non-US persons (including employees working in the US on H-1B visas), or re-export any of the above from abroad, you are at the very least required to determine whether licenses are required and whether you are barred from doing export business with certain potential trading partners. Failure to do so can give rise, not only to violations of Sarbanes-Oxley and other disclosure obligations, but also to criminal penalties and fines ~ which rose in late 2007 from a maximum of $50,000 per violation to $250,000 per violation.
Export Compliance NE provides a unique blend of consulting and legal advice, drawing on Vince Canzoneri's 20-years of large-firm experience, to assist you and your company in structuring operations to avoid violations and coping with the full range of export control matters, including:
- defense of alleged administrative and criminal violations of the export control laws;
- audits and internal investigations of export control compliance protected by the attorney-client privilege;
- designs for Sarbanes-Oxley compliance with respect to export controls;
- due diligence in investment transactions to discover potential successor liability for export violations; and
- assistance in structuring cross-border entities and advice on cross-border transactions of all kinds, such as IP licensing, internet sales, distribution and VAR agreements and outsourcing.
ECNE also provides consulting services (at non-lawyer rates) with respect to:
- design and implementation of export control compliance programs;
- product and technology classification and licensing;
- integration of foreigners employed here into controlled-technology environments; and
- audits of existing compliance programs.