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The United States maintains a complex system of controls over the export of U.S. goods and technology. The State Department — in the International Traffic in Arms Regulation (ITAR) — controls the export of any item, technology, or service that it places on the U.S. Munitions List.

The Department of Energy has authority over nuclear related items. The Department of Treasury — through the Office of Foreign Assets Control (OFAC) — implements and administers sanctions and embargoes against specific countries such as Cuba, Iran, Iraq, and former country Yugoslavia.

Finally, the Department of Commerce — in the Export Administration Regulation — has licensing authority over so-called "dual use" items, but these regulations potentially reach virtually any product or service that is to be exported (or re-exported from a foreign location).

Experience

Our experience extends across these various regulatory schemes. Just as important, we have experience with many of the industries most affected by these regulations:

  • Aerospace and defense
  • Satellite and launch services
  • Information technology
  • Telecommunications
  • Research labs
  • Manufacturing/capital equipment

Counseling, Investigations, and Litigation

We have counseled clients in these and other industries from, literally, on-the-spot questions to full-scale compliance reviews, to litigation of administrative penalty cases.

Representative Engagements

  • Defended a major U.S. aerospace company against State Department administrative charges arising from the alleged unauthorized transfer of technical data and performance of defense services in connection with satellite launch in China
  • Counseled foreign manufacturer on reach of OFAC regulations in controlling domestic subsidiary's technology needed if foreign affiliate were to obtain contract with Iran; counseled a telecommunications company on deemed export that would occur in using foreign national employees in work involving controlled technologies
  • Investigated potential violations, identified corrective actions, and prepared comprehensive voluntary disclosure to the Department of Commerce for manufacturer of dual use aerospace product

View More

"Cost and Pricing Trends - What's New with Oversight at DCAA and DCMA", 25th Annual Government Contracting Virtual Conference (October 27, 2020). Presenter: Nicole Owren-Wiest.
Speech/Presentation
"OFCCP Issues Request For Information on EO Prohibiting Race and Sex Stereotyping and Scapegoating," Labor & Employment Law Alert - US (October 23, 2020). Contacts: Trina Fairley Barlow, Peter Eyre, Kris D. Meade, Preston L. Pugh, Rebecca L. Springer, Jillian Ambrose
Client Alert/Newsletter
"Employment Law Update," OOPS 20/20 - Setting Your Sights (October 22, 2020). Presenters: Trina Fairley Barlow, Kris D. Meade, and Rebecca L. Springer.
Speech/Presentation
"Claims and Requests for Equitable Adjustment," OOPS 20/20 - Setting Your Sights (October 22, 2020). Presenters: Stephen J. McBrady, Charles Baek, Michelle D. Coleman, and John Nakoneczny.
Speech/Presentation
"2020 Regulatory Priorities and Commercial Contracting," OOPS 20/20 - Setting Your Sights (October 22, 2020). Presenters: Robert A. Burton, Lorraine M. Campos, David J. Ginsberg, and Craig D. Barrett.
Speech/Presentation
"Procurement Fraud/FCA/Investigations," OOPS 20/20 - Setting Your Sights (October 22, 2020). Presenters: Brian Tully McLaughlin, Preston L. Pugh, Nkechi A. Kanu, and Jared Engelking.
Speech/Presentation
"Pre-Award Protest Challenges: Terms, Acquisition Approach, and Timeliness Traps," United States Attorney for the Eastern District of Virginia," OOPS 20/20 - Setting Your Sights (October 21, 2020). Presenters: Amy Laderberg O'Sullivan, Eric M. Ransom, Christian N. Curran, and Zachary Schroeder.
Speech/Presentation
"Post-Award Bid Protests: Eyeing Current and Future Issues," United States Attorney for the Eastern District of Virginia," OOPS 20/20 - Setting Your Sights (October 21, 2020). Presenters: Daniel R. Forman, Anuj Vohra, Olivia Lynch, and Robert J. Sneckenberg.
Speech/Presentation
"Government Contracts IP: Protecting Your Secret Sauce in an Era of Hungry Customers," United States Attorney for the Eastern District of Virginia," OOPS 20/20 - Setting Your Sights (October 21, 2020). Presenters: Jonathan M. Baker, John E. McCarthy Jr., Christopher D. Garcia, and M. Yuan Zhou.
Speech/Presentation
"Accounting, Cost, and Pricing," OOPS 20/20 - Setting Your Sights (October 20, 2020). Presenters: Nicole Owren-Wiest, Skye Mathieson, Catherine O. Shames, and Sean K. Griffin.
Speech/Presentation

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, Brussels, and Shanghai.

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