Export Controls

At Burns & Levinson, we recognize increased global interdependence along with threats of terrorism and proliferation have led to increased enforcement of export control laws. The U.S. government has various export control programs to regulate the transfer of goods, technology, software, services, and information to foreign nationals and foreign destinations. Violations of export control regulations can be a violation of law with civil, criminal sanctions, disclosures, suspension of export privileges or even government contract debarment. Export controls are not limited to government contractors, subcontractors or grantees. Clients in the technology industry field ranging from universities to private sector corporations, are increasingly impacted as the regulations govern the export of both defense-related and commercial products. We understand that our clients needs may not be the same and our attorneys need to provide the necessary advice and assistance based on individual circumstances. With exports on the rise, increased foreign travel and communication, and the employment of foreign nationals, it is important to understand and be aware of the dangers of exporting sensitive technology in order to avoid inadvertent violation.

The International Traffic in Arms Regulations (ITAR) implements the Arms Export Control Act and is enforced by the Directorate of Defense Trade Controls (DDTC) in the Department of State. ITAR regulates the export of defense and military related technologies. Our attorneys can assist clients with registering with the DDTC, licensing review process and gaining government authorization. ITAR’s equivalent for commercial goods is the Export Administration Regulations (EAR), which implements the Export Administration Act (EAA). EAR is enforced by the Bureau of Industry and Security (BIS) in the Department of Commerce. An exporter is responsible for determining whether an export license is required under EAR, based on the item’s classification on the Commerce Control List (CCL), its destination country, the end-user, and its end use.

We represent clients in the following export control matters:

• Export licensing and compliance
• Assist with the hiring and deployment of foreign nationals
• Development of export control compliance programs
• Representation of clients in export control violations and government investigations

Export Controls Representative Client List *Past and Present Clients

• A nationwide network of federal laboratories that provides the forum to develop strategies and opportunities for linking laboratory mission technologies and expertise with the marketplace
• R&D company specializing in the development of novel optical systems and technologies that solve key problems which evade conventional solutions
• Technology and product development company with an international reputation for delivering and supporting innovative products and systems under the most demanding conditions
• Technology solutions company that is a leading provider for the federal marketplace
• Technology company that is developing a way to dramatically change how power is transferred from its source to motion
• Private technological university
• Radiation devices company that is a national leader in the specialized fields of radiation detector materials, nuclear instrumentation, and custom detector applications
• Research university, specializing in areas of science, engineering, and related fields
• Company specializing in rapid prototyping of harsh environment instrumentation and ocean-acoustic research
• Global security company that is principally engaged in the research, design, development, manufacture, integration and sustainment of advanced technology systems, products and services
• Company focused on converged managed networks for hotels