CONSENT AGREEMENT MANAGEMENT
Every year, United States and foreign companies enter into Consent Decree and Deferred Prosecution agreements for violations of U.S. export control Laws. These agreements often require the appointment of a Special Officer or other Independent Monitor, implementation of complex corporate compliance programs, regular audits of compliance with U.S. export controls, investigations and reporting of all potential export control violations, and periodic reports of company compliance with U.S. export controls to the U.S. Government. GOLDSTEIN PLLC experienced in Consent Agreement Management and regularly assists United States and foreign companies with all aspects of post-consent decree and deferred prosecution agreement compliance. more
Proper determination of whether advanced approval from the U.S. Government is required prior to an export; the agency from which to obtain approval; and the specific form of license, agreement, or other form of approval required can be difficult. Competent legal advice can answer these questions and help ensure the correctness of representations made in documents submitted in requests for approval.
ANTICIPATING CONTROLS ON EMERGING TECHNOLOGY
Many emerging technologies implicate U.S. government military, intelligence or foreign policy concerns. Because of this, many of them are described in existing U.S. export control lists. For those not already described in the lists, the U.S. Government gets a second bite at the apple through the recently revised U.S. Munitions List (“USML”) Category XXI and the new 0Y521 Commerce Control List Export Control Classification Number (“ECCN”) series. The new controls are much broader and open ended than previous catchalls on emerging technologies, presenting unique compliance risks. They also reduce the certainty necessary to cost-benefit analyses of international investment and collaborations in emerging technologies. Legal assistance in assessing the these risks can address compliance risks and increase certainty in these areas.
PUBLIC SAFETY EXPORTS
The firm is intimately familiar with public safety technology, with experience in exports of crime scene processing equipment, body armor, firearms, and other police equipment and supplies to U.S. foreign partners. Both Messrs. Goldstein and Conley are current members of the International Police Association and they bring unique law enforcement experience to public safety projects, to include training in forensic science, street patrol tactics, and knowledge of the impact of technology on compliance with Commission on Accreditation of Law Enforcement Agencies standards.
The U.S. Government regulates the export of software. Among other things, these export controls focus on the design, function, capabilities, and end-use of software and whether the software contains encryption. The encryption controls apply even if the software is embedded or otherwise contained in electronic assemblies or other equipment. The controls also apply to technical assistance with encryption. Properly assessing the control status of software and technical assistance; registration, classification, notification, and licensing requirements; and the availability, scope and limitation of ITAR exemptions and EAR exceptions is essential to compliance.
DEFENSE TRADE BROKERING
Defense trade brokering activities are highly regulated and can include the financing, transportation, freight forwarding, or taking of any other action that facilitates the manufacture, export, or import or a defense article or defense service, irrespective of its origin. Legal advisement on how to comply with these requirements is essential to successful contract performance and the avoidance of civil and criminal sanctions.