U.S. Export Controls
Whether you’re doing business domestically or internationally in the commercial or government contract space and manufacture controlled goods, or provide controlled technology, software, or defense services, you need to comply with export controls regulations.
What is an Export?
Under the Export Administration Regulations (EAR), an export is defined as:
1. an actual shipment or transmission out of the United States, including the sending or taking an item out of the United States in any manner;
2. Releasing or otherwise transferring “technology” or source code to a foreign person in the United States (“deemed export”);
3. Transmitting by a person in the United States of registration, control, or ownership of
a. Spacecraft subject to the EAR that is not eligible for export under License Exception STA; or
b. Any other spacecraft subject to the EAR to a person in or a national of any other country; or
c. any other spacecraft subject to the EAR to a a person in or a national of a Country Group D:5 country.
Something else to keep in mind:
(b) Any release in the United States of “technology” or source code to a foreign person is a deemed export to the foreign person’s most recent country of citizenship or permanent residency.
(c) The export of an item that will transit through a country or countries to a destination identified in the EAR is deemed to be an export to that destination.
What does this all mean for our clients and potential clients?
We help our clients assess their transaction, do their due diligence, advice and counsel on the transaction, prepare and submit requests for classification and export licenses, train the team, create compliance manual, and technology control plans, address and prepare voluntary and mandatory disclosures. In short, the gamut of issues that a business faces when it has or provides controlled goods, technology, software, technical data, and defense services.
If you’re facing an issue related to export controls, let’s talk.