Import/Export Compliance and Defense
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We Provide Comprehensive Import/Export Compliance and Defense Representation to Companies in the U.S. and Abroad
Import/Export Compliance and Defense Team Lead
Former DOJ Trial Attorney
Import/Export Compliance and Defense Team
Former HSI Special Agent
Effectively managing compliance with the various federal laws and regulations that govern the import and export processes presents significant challenges. But it is also extremely important. For parties in the U.S. and abroad, import and export violations can trigger intensive scrutiny, and this scrutiny can lead to substantial penalties.
At Oberheiden P.C., we provide comprehensive import/export compliance and defense representation to companies around the world. We also represent individuals who are facing scrutiny related to their involvement in domestic and foreign importing and exporting operations. If you need experienced legal representation for any import or export-related matter in the United States, we invite you to schedule a complimentary consultation to discuss how we can help.
Import/Export Compliance
All companies engaged in importing or exporting operations in the U.S. need to prioritize federal compliance. Since these operations can have both foreign policy and national security implications, multiple federal agencies strictly enforce export control laws and companies’ other statutory and regulatory obligations. With this in mind, not only do we assist our clients with establishing compliance and help them maintain compliance programs, but we also help ensure that our clients have the documentation they need to withstand federal scrutiny when necessary.
Representative examples of import/export compliance matters we handle for our clients include:
Anti-Boycott Compliance
The Anti-Boycott Act of 2018 “discourage[s], and in some circumstances, prohibit[s] U.S. companies from taking certain actions in furtherance or support of a boycott maintained by a foreign country against a country friendly to the United States.” The federal Office of Anti-Boycott Compliance (OAC) strictly enforces compliance with the statute’s requirements, including U.S. companies’ reporting obligations.
Federal regulations apply to U.S. companies’ participation in foreign boycotts (or, more specifically, “unsanctioned foreign boycotts”) as well. Our lawyers can assist with all aspects of anti-boycott compliance, including identifying your company’s obligations and implementing custom-tailored compliance policies and procedures.
BIS Compliance
The U.S. Bureau of Industry and Security (BIS) holds primary responsibility for enforcing the United States’ export statutes and regulations. The OAC is an office of the BIS, and it works alongside the BIS’s other enforcement arms (including the Office of Export Enforcement (OEE)) to ensure that companies comprehensively address their compliance obligations.
The BIS has published “eight principles for an effective compliance program,” and these principles provide a good starting point for addressing companies’ federal export-related obligations. However, addressing these basic principles is far from sufficient on its own. A comprehensive and custom-tailored approach is essential—and this is what we provide.
EAR Compliance
The Export Administration Regulations (EAR) are a voluminous set of federal requirements that serve as the foundation for companies’ export, reexport, and domestic transfer compliance obligations. The EAR apply to “controlled” items, which include electronics, computers, sensors, marine and aerospace equipment, navigation equipment, and information security assets, among others.
When U.S. and foreign companies are subject to the EAR, a proactive approach to compliance is essential To avoid scrutiny from the BIS and other federal authorities, companies must ensure that they meet all regulatory requirements—including obtaining the necessary export licenses under the EAR—that apply based on the nature and scope of their exporting and related operations.
ITAR Compliance
The International Traffic in Arms Regulations (ITAR) govern the importing and exporting of defense articles and technical data. Enforcement authority primarily rests with U.S. Customs and Border Protection (CBP), although various other federal agencies play a role in enforcing ITAR compliance as well.
Similar to the EAR, the ITAR govern a wide range of items—although the ITAR are specific to the defense sector. Due to the highly sensitive nature of ITAR compliance, non-compliance can have immediate, severe, and wide-ranging consequences.
OFAC and CFIUS Compliance
The Office of Foreign Assets Control (OFAC) and Committee on Foreign Investment in the United States (CFIUS) also play central roles in enforcing the U.S. import and export controls. OFAC oversees transactions between U.S. and foreign parties, while CFIUS has oversight of certain transactions involving foreign investment on U.S. soil.
From observing OFAC’s sanctions and licensing requirements to seeking CFIUS approval when necessary, our lawyers are available to assist importers and exporters with all aspects of OFAC and CFIUS compliance. Here too, we can help you understand when compliance is required, and then we can assist with implementing a targeted, cohesive, and effective compliance strategy.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
Import/Export Defense
Along with representing clients in the area of import/export compliance, we also defend importers, exporters and other clients against scrutiny from the BIS, CPB, OFAC, CFIUS, and other federal authorities. Representative areas of our import/export defense practice include:
BIS Investigation Defense
We defend importers, exporters and other clients that are facing scrutiny from the U.S. Bureau of Industry and Security (BIS) and its enforcement offices, including the Office of Anti-Boycott Compliance (OAC) and the Office of Export Enforcement (OEE). As discussed above, facing scrutiny from the BIS, OAC, or OEE can present substantial risks, so an effective defense is critical.
EAR Investigation Defense
Our import/export lawyers serve as defense counsel for EAR investigations involving “controlled” items in all classes and categories. EAR investigations can be administrative, civil, or criminal in nature—and understanding the potential penalties that are on the table in an EAR investigation is a critical early step toward mounting a successful defense.
ITAR Investigation Defense
ITAR investigations can also be administrative, civil, or criminal in nature. However, as these investigations frequently involve defense trade controls and other matters of national security, the stakes are often extremely high. If your company is facing an investigation under the federal International Traffic in Arms Regulations (ITAR), it is imperative that you engage experienced defense counsel as soon as possible.
Firearm Smuggling Defense
Several criminal provisions of the U.S. Code prohibit (and punish) smuggling firearms and ammunition into or out of the United States. These laws impose substantial penalties, including fines and prison time for the individuals involved. With our lawyers’ experience on both sides of high-stakes federal enforcement matters, we have the capabilities required to handle these complex cases effectively.
Federal Criminal Defense
Beyond firearm smuggling cases, we defend individual and corporate clients in a wide range of other import and export-related federal criminal matters as well. From bribery and corruption allegations to federal tax fraud and tax evasion cases, our lawyers rely on their extensive experience to develop and execute targeted defense strategies focused on protecting our clients to the fullest extent possible.
FAQs: Effectively Managing Federal Import/Export Compliance and Mitigating Enforcement Risk
What Types of Companies Need to Maintain Federal Import/Export Compliance?
Exporters, reexporters, freight forwarders, foreign importers, brokers, defense contractors, manufacturers, technology companies, and various other types of companies may need to comply with the federal import/export regulations, including the EAR and ITAR. If you have questions or concerns about federal import/export compliance, our lawyers can identify the specific regulations that apply to your company.
Which Federal Agencies Enforce Import/Export Compliance?
Several federal agencies have a hand in enforcing import/export compliance. These include the U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CPB), the Office of Foreign Assets Control (OFAC), and the Committee on Foreign Investment in the United States (CFIUS), among others. Additionally, the U.S. Department of Justice (DOJ) pursues criminal enforcement in import/export compliance matters when warranted.
The risks of facing a federal importing or exporting-related investigation can be substantial. Along with administrative penalties (i.e., license revocation), companies can face civil and criminal penalties as well. While civil penalties are typically monetary in nature, criminal penalties can include both fines and prison time. Federal contractors found in violation of the EAR or ITAR can also face suspensions and debarment.
Do I Need to Engage Outside Counsel for Import/Export Compliance?
Due to the complexity of the federal importing and exporting regulations and the unique nature of import/export compliance, most companies will need to engage outside counsel. At Oberheiden P.C., our import/export lawyers work closely with our clients to help them develop and implement custom-tailored and cost-effective compliance strategies that allow them to move forward with confidence. We have a nationwide network of compliance consultants (many of whom are former high-ranking federal law enforcement agents) who assist our clients with import/export compliance matters as well.
Why Should I Choose Oberheiden P.C. for Import/Export Compliance or Defense?
Oberheiden P.C.’s import/export compliance and defense practice is staffed entirely with senior-level lawyers and consultants, many of whom have extensive prior experience inside of the federal government. As a result, not only are we intimately familiar with the federal requirements that importers, exporters, and other companies need to meet, but we are intimately familiar with the federal authorities that enforce these requirements as well.
Speak with a Senior Import/Export Lawyer at Oberheiden P.C. in Confidence
If you would like to know more about our firm’s import/export compliance and defense practice, we invite you to get in touch. To speak with a senior import/export attorney at Oberheiden P.C. in confidence, please call 888-680-1745 or request a complimentary consultation online today.
