The U.S., EU and multilateral export control regimes are complex, overlapping and ever-changing. Companies that ship or transfer goods, software, technology and services across national borders or that engage in global M&A activity face real compliance challenges. In the case of technology and software, export controls can even affect transfers that occur entirely within the United States or entirely within the European Union.
The U.S. regulations are administered by more than a dozen federal agencies and can be far-reaching, often having extraterritorial effect. In addition to the various economic sanctions regimes, Sidley lawyers have broad experience with the Export Administration Regulations (EAR) administered by the Commerce Department’s Bureau of Industry and Security (BIS), the International Traffic in Arms Regulations (ITAR) administered by the State Department’s Directorate of Defense Trade Controls (DDTC) and the Foreign Trade Regulations (FTR) administered by the Census Bureau. That experience includes advising clients on compliance with the EAR's anti-boycott rules.
In the EU, responsibilities are divided among the EU Council of Ministers, the European Commission and the various EU Member State authorities. Economic sanctions and export controls on dual use items are enforced by the competent authorities of the EU Member States. Rules concerning the export of military goods are issued and enforced at the EU Member State level, in line with both the Code of Conduct and the Common Military List adopted by the EU Council of Ministers. The Sidley lawyers in our EU practice are well-versed in these rules and their application.
For each of the key export control regimes, we help our clients understand, apply and shape these laws and regulations. We also help companies develop and implement export compliance programs designed to facilitate export transactions and withstand government scrutiny. When necessary, our lawyers conduct routine compliance audits or internal investigations of suspected non-compliance, and defend against both civil and criminal enforcement actions.