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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

"Fastest 5 Minutes: COVID Vaccine Requirements for Contractors, Revolving Door, and Small Business Matters," Podcast: Fastest 5 Minutes in Government Contracts (September 21, 2021). Contacts: Peter Eyre, M. Yuan Zhou
Client Alert/Newsletter
"COFC Refuses to Expand Blue & Gold and Requires Army to Consider Performance Risk in Cost Realism Evaluation," Government Contracts Bullet Points (September 20, 2021). Contacts: Anuj Vohra, Robert J. Sneckenberg, William B. O'Reilly, Karla V. Perez Chacon, John E. McCarthy Jr.
Client Alert/Newsletter
"COVID-19 Vaccination and Safety Considerations Following Biden Administration’s New Vaccine Mandate Initiatives," Crowell & Moring Webinar (September 17, 2021). Speakers: Thomas P. Gies, Katie Erno, Janet Walker, Michelle D. Coleman, and Daniel W. Wolff.
Speech/Presentation
"FAR Updated to Conform with Prior SBA Changes to its Regulations," Government Contracts Bullet Points (September 16, 2021). Contacts: Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels, Zachary Schroeder
Client Alert/Newsletter
“The Next Sixty Years: Trends and Watch Items in Government Contracting,” 60th Annual National Seminar on Government Contracts (September 15, 2021). Speaker: Michelle D. Coleman.
Speech/Presentation
FAR Conformed to the “New” Limitations on Subcontracting Methodology at 13 C.F.R. § 125.6 (September 15, 2021). Authors: Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels and Zachary Schroeder.
Publications
Assessing Good Faith Efforts to Comply with a Small Business Subcontracting Plan (September 15, 2021). Authors: Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels and Zachary Schroeder.
Publications
"President Biden Announces Six-Pronged Plan to Combat COVID-19, With Implications for Both the Private and Public Sector," Labor & Employment Law Alert - US (September 10, 2021). Contacts: Peter Eyre, Thomas P. Gies, Eric Su, Daniel W. Wolff, Michelle D. Coleman, Katie Erno, Christine B. Hawes, Kimberley Johnson
Client Alert/Newsletter
"President Biden Announces National Vaccination Strategy: Contractors Are Subject to New Vaccine Requirements," Government Contracts Bullet Points (September 10, 2021). Contacts: Michelle D. Coleman, Stephen J. McBrady, Nicole Owren-Wiest, Peter Eyre, Thomas P. Gies, Skye Mathieson, John Nakoneczny
Client Alert/Newsletter
"GAO Rules that DoD May Not Require a Small Business Joint Venture Itself to Hold Facility Clearance," Government Contracts Bullet Points (September 8, 2021). Contacts: Peter Eyre, Adelicia R. Cliffe, Jonathan M. Baker, Olivia Lynch, Michael E. Samuels
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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