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Export Controls, Foreign Policy, and National Security Issues

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Litigation

Post-Grant

Prosecution & Counseling

Fish represents clients in a number of industries to ensure compliance with the complex body of laws and regulations governing exports of high-technology items, data, and services.

US companies are subject to restrictions on the transfer of commercial items and services to foreign countries, whether it involves a one-time shipment or disclosure, or the sale of an entire company.

These restrictions comply with US and UN embargoes and sanctions, including the International Traffic in Arms Regulations (ITAR) administered by the State Department’s Directorate of Defense Trade Controls; the Export Administration Regulations (EAR) administered by the Commerce Department’s Bureau of Industry and Security; and the various foreign assets and transactions control regulations administered by the Treasury Department’s Office of Foreign Assets Control (OFAC).

US companies must also comply with US Anti-Boycott rules, Foreign Ownership Control and Influence (FOCI) restrictions, the Foreign Corrupt Practices Act (FCPA), and proceedings before the Committee on Foreign Investment in the United States (CFIUS).

Our regulatory group works with numerous technologies, including:

  • Computer and information systems
  • Software encryption
  • Civil, military and commercial satellites (communications, navigation, remote sensing meteorological) and associated ground equipment
  • Launch vehicles and propulsion systems and associated support equipment
  • Fixed- and rotary-wing aircraft and avionics
  • Unmanned aerial systems
  • Superconductor technology
  • Wireless trunking systems
  • Fiber optics
  • Telecommunications equipment
  • Military communications systems
  • Military vehicles and components
  • Medical technology
  • Scopes and analyzers
  • Light technology and devices
  • Sensors and Lasers

Fish’s regulatory services in this area include the following:

  • identifying licensing needs and applying for licenses
  • assessing export control and trade compliance practices
  • establishing and implementing compliance programs and policies
  • training senior management, staff, and other employees
  • performing audits
  • advising on discreet questions that arise in the normal course of business
  • representing clients before federal agencies and judicial bodies, with respect to actual or alleged events of noncompliance

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Export Controls, Foreign Policy, and National Security Issues

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