Business operations both within the United States and abroad are impacted by import and export control regulations. The United States has import and export control regulations in place to advance critical national security, foreign policy and economic objectives. Companies that do not abide by the rules expose themselves to significant risk. Civil penalties include hefty fines, confiscation of products and potential disbarment from shipping or receiving goods altogether. Criminal penalties can reach as high as $1 million per violation and up to 20 years imprisonment. Import/Export Control & Compliance is not an area where companies can afford to skirt the rules or learn on the fly. Tucker Arensberg’s Import/Export Control & Compliance attorneys use their regulatory knowledge and business experience in international legal matters to help companies navigate the ever-changing world of import and export regulations. Tucker Arensberg can provide the following legal services regarding import and export issues:

• Assist with product classification and licensing, including advice on the strategic growth of associated intellectual property portfolios.
• Develop and maintain written import or export compliance programs.
• Review and revise existing import/export compliance policies and procedures.
• Conduct employee training regarding import and export issues.
• Provide customer and end-user screening services.
• Perform risk assessments and audits.
• Conduct internal investigations and voluntary disclosures.
• Response to administrative subpoenas and representation during State and Commerce Department investigations.
• Monitor export regulations and report relevant changes to clients.
• Analyze current and new products, services and technologies to identify and classify assets subject to export controls.
• Advise on export control exemptions, scope of exemption use and substantiation requirements for reliance upon exemption, including the leveraging of intellectual property portfolios in seeking classifications and exemptions.
• Advise on hiring and employment of foreign nationals.
• File or defend proceedings before the United States International Trade Commission concerning the importation of goods that infringe United States intellectual property rights.
• Register intellectual property rights with the United States Customs and Border Protection and with international border protection or import inspection agencies.
• Advise and assist with United States Customs and Border Protection seizures and negotiate for the release of seized goods.
• Review and prepare contracts and other agreements related to the international sale of goods.
• Align domestic and foreign intellectual property portfolios and develop an intellectual property strategy consistent with international business goals.
• Advise on intellectual property issues in the context of government contracts and compliance with FAR and DFAR requirements.
• Advise on transactions involving countries and entities subject to economic sanctions, anti-terrorism controls and boycott regulations.
• Assist clients in obtaining financing for their export related sales.

Representative Experience:

• Advised U.S. company whose foreign subsidiary had violated U.S. export control laws.
• Successfully represented a small manufacturer subject to investigation by the Department of Commerce’s Bureau of Industry & Security for a suspected Export Administration Regulations (EAR) violation.