Export Controls Essentials for Every Business Lawyer Seminar Materials

Information

Business lawyers and their clients are often surprised by the extent to which U.S. export control laws regulate domestic conduct, not just deliveries of goods or technology to a foreign country. This publication will be valuable for the uninitiated as well as the seasoned export controls expert. It provides a timely update on sweeping export control reforms initiated by the current administration as well as specific developments affecting companies that employ or deal with foreign nationals, that are part of a multinational organization, whose products are resold to foreign markets, or that have other transnational interests or transactions.

This comprehensive, stand-alone publication is direct from a May 2013 seminar. It is available as a searchable PDF via download. Click here for more information on electronic books.

CONTENT SUMMARY

  1. Copyright Litigation
  2. Introduction
  3. Specific Export Controls and Sanctions Programs
  4. “Deemed Exports”—A Trap for the Unwary
  5. Successor Liability: A Significant Trap for the Unwary
  6. Reseller Issues
  7. Multinational Issues
  8. Export Controls Issues for Technology Companies
  9. Voluntary Disclosures
  10. Compliance Best Practices
  11. Export Controls Reform Initiative (“ECRI”)

Copyright © 2013 Virginia Law Foundation. All rights reserved.

Table of Contents

TABLE OF CONTENTS

Export Controls Essentials for Every Business Lawyer


I. INTRODUCTION

II. SPECIFIC EXPORT CONTROLS AND SANCTIONS PROGRAMS

III. “DEEMED EXPORTS”—A TRAP FOR THE UNWARY

IV. SUCCESSOR LIABILITY: A SIGNIFICANT TRAP FOR THE UNWARY

V. RESELLER ISSUES

VI. MULTINATIONAL ISSUES

VII. EXPORT CONTROLS ISSUES FOR TECHNOLOGY COMPANIES

VIII. VOLUNTARY DISCLOSURES

IX. COMPLIANCE BEST PRACTICES

X. EXPORT CONTROLS REFORM INITIATIVE (“ECRI”)

Authors

Geoffrey Goodale, TBD / Falls Church
Mr. Goodale is Managing Member of Trade Law Advisors, PLLC. His practice focuses on
export controls, economic sanctions, cyber-security, import compliance, intellectual property
rights protection, international trade and investment, and the Foreign Corrupt Practices Act
(FCPA). He regularly counsels companies on a wide range of issues involving compliance with
the Export Administrations Regulations (EAR), the International Traffic in Arms Regulations
(ITAR), and the economic sanctions regulations administered by the Office of Foreign Assets
Control (OFAC). Mr. Goodale also advises clients on the regulation of foreign direct investment
(e.g., CFIUS reviews). By appointment of the Chief Judge of the U.S. Court of International
Trade (CIT), Mr. Goodale is a member of the CIT Advisory Committee on Rules. He also serves
on the Board of Governors of the VSB International Practice Section. In addition, he is Co-Chair
of the International Trade Committee of the ABA Section of International Law, Vice-Chair of
the Section's Export Controls and Economic Sanctions Committee, and Senior Advisor to the
Section's Customs Law Committee. In July 2012, he was re-elected to serve as Co-Chair of the
D.C. Bar's International Law Section, and previously he served as Chair of the Section's
International Trade Committee for three terms. Mr. Goodale is also a member of the American
Intellectual Property Law Association, Customs and International Trade Bar Association, the
Federal Circuit Bar Association, the International Trade Commission Trial Lawyers Association,
and the Society for International Affairs. Mr. Goodale speaks regularly on international trade
issues at conferences and seminars, and his articles have been published in numerous
publications. In recognition of his contributions to the international legal community, he has
been chosen to be a Fellow of the American Bar Foundation.

John M. Huddle, The Global Law Group PLC / Richmond
Mr. Huddle has been engaged in an international transactions practice on behalf of a diverse
group of U.S. and foreign clients for nearly 30 years. In 2002, the U.S. Secretary of Commerce
appointed Mr. Huddle to the U.S. District Export Council of Virginia & Washington, D.C.,
which he Chaired 2005-2009 and remains an active appointee. He is currently Chair of the
International Practice Section of the Virginia State Bar, and he has served on its Board of
Governors since 1994. He formed his current firm, The Global Law Group, PLC based in
Richmond, Virginia, in 2002. Prior to that, he formed and was Chair of the international practice
group of one of the largest firms in Virginia, and he was a shareholder and director in that firm.
He regularly serves as lead counsel in transnational sales, licensing, distribution transactions,
joint ventures, mergers and acquisitions, export regulatory compliance matters, foreign and
domestic trademark registrations and portfolio management, and U.S. export tax incentive
programs. He is a frequent speaker at CLE, international trade and other business law
conferences abroad and domestically for organizations including U.S. Dept. of Commerce,
Southern U.S. Trade Ass’n, U.S.-Saudi Arabian Business Council, U.S. National District Export
Council, and Virginia State Bar, among others. He has authored numerous articles on subjects
within his expertise for the professional, trade and government publications. He is a graduate of
the University of Virginia School of Law (J.D., 1984) and James Madison University (B.S.,
1980).

Susan Kovarovics, Bryan Cave LLP / Washington, D.C.
Ms. Kovarovics counsels foreign and domestic parties regarding international business
regulatory matters. Specifically, her practice focuses on matters involving the International
Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), sanctions
administered by the Office of Foreign Assets Control (OFAC), U.S. anti-boycott laws, and the
Foreign Corrupt Practices Act (FCPA). Ms. Kovarovics designs and implements compliance
programs and provides training sessions on export and defense trade controls, trade sanctions,
customs, anti-corruption and anti-boycott matters. She also designs and leads internal audits and
reviews to assess compliance in these areas. Ms. Kovarovics assists clients with all aspects of the
export license and agreement approvals processes at the Department of Commerce, State and
Treasury. In addition, she guides clients through commodity jurisdictions and commodity
classification requests for exports and ruling requests related to import matters. She also
conducts due diligence reviews related to export controls, trade sanctions and anti-corruption
matters. Routinely, Ms. Kovarovics conducts internal investigations and advises clients on future
actions based on results of investigations, including appropriate disciplinary and other corrective
measures in response to violations of corporate policies and trade regulations. Moreover, she
counsels clients on voluntary disclosure matters and represents clients in enforcement
proceedings before federal authorities.

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