International Trade and Investment

International Trade and Investment

Export Controls

Fried Frank is experienced in all aspects of military and dual-use export controls, including the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), the EU Dual-Use Regulation, and nuclear export controls administered by the Nuclear Regulatory Commission and Department of Energy. We have assisted clients in a wide range of industry sectors, including financial institutions and investment funds, aerospace and defense, military electronics, energy, oil field services, manufacturing, machine tools, high technology, automotive, cyber security, software and industrials.

We regularly assist companies in developing and implementing international trade compliance programs tailored to the company’s particular circumstances. Our lawyers regularly provide counseling and training on export control matters, taking into account the legal regimes, foreign policy context, and commercial implications for our clients. We well understand the interplay of US and international economic sanctions and export control requirements, and support our clients’ corporate and financial transactions to ensure compliance with export control laws. In order to best advance our clients’ interests, we often engage directly with the regulatory agencies during the export licensing process and seek to identify available license exceptions and other export authorizations.

Fried Frank is also skilled in export jurisdiction and classification matters. We assist exporters in conducting self-classifications under the ITAR and EAR, as well as the preparation of commodity jurisdiction and commodity classification requests. In particular, our lawyers are experts in the unique encryption export control rules, including encryption classifications, licensing, and reporting.  We have a deep understanding of data privacy and cyber security laws and industry and enforcement trends, as well as the interplay of these subjects and export control requirements.

We also counsel clients in addressing potential export control violations. Our lawyers are experienced in conducting internal investigations of export control matters and preparing voluntary self-disclosures when appropriate. We also assist clients in responding to government inquiries and represent companies in civil and criminal enforcement actions.

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