Export

Frost Brown Todd’s International Trade Service Team excels in assisting clients through the complex regulatory terrain governing exports.  We provide expert counsel on international export issues so that our clients can successfully focus on becoming leaders in the global marketplace.  Our service team leader, Jan de Beer, has been nationally recognized by Law360 as a “Top 10 International Trade Attorney Under 40” based upon the depth of his international trade experience.  Within the realm of export compliance, the International Trade Service Team assists clients to accurately classify and obtain export licenses for their product lines; establish export compliance plans; and to creatively and comprehensively remedy any export related risks, investigations, violations, and administrative penalties. 

Product Classification

The members of the International Trade Service Team have turned the Bureau of Industry and Security’s classification process in to an art form.  We excel in assisting our clients to accurately obtain (or self-classify) ECCN classifications for large segments of their products lines and have been instrumental in the classification of all types of merchandise from biological products to various components to elements of highly technical machine tools and software.

Encryption Software

Very few firms have the depth of experience that our attorneys possess in the area of encryption software regulations.  We have counseled a number of national and international software development companies to classify their software and, when necessary, obtain encryption registration numbers and comply with the reporting obligations related thereto.  

ITAR

Our expertise extends beyond the classification of dual-use items.  We also represent a number of manufacturers (and exporters) of “defense articles” in their compliance with the International Traffic in Arms Regulations.

Export Compliance Policies

We seek to understand the scope, nature, and risk of our client’s business and the countries to which they export their products.  A “compliance plan” is useless, if not narrowly tailored and specifically designed to mitigate export risks.  Our team is skilled at working with the shipping and distribution departments – the core monitors and enforcers of corporate export compliance – to implement the export compliance policies, which comprehensively address and mitigate significant export risks.

Specially Designated Nationals/Prohibited Export Lists

Not only do we assist our clients with screening their major foreign contractors, suppliers, customers, and agents, but we also assist them with the implementation of procedures to make the compliance process seamless.

Export Penalty Mitigation

Knowing when to voluntarily disclose an export violation and how to minimize administrative penalties is a skill that our attorneys have developed over years of successful practice.  Our team acts quickly and decisively when responding to OFAC, BIS, DOJ and U.S. Census inquiries and investigations. 

Foreign Corrupt Practices Act

The investigation and prosecution of violations of the FCPA is a concern for U.S. Companies with global interest.   We are equally as proficient in counseling our clients to avoid the violation of its anti-bribery provisions.   

Deemed Exports

Global companies hire global talent.  We make sure that all appropriate protections are in place so that exposing expatriates or foreign employees to sophisticated technical information does not constitute an export violation.

Local Attention, International Reach

Our partners and associates have export expertise that compares favorably with D.C., Chicago, and New York firms, but with rates and individualized attention found only in major Midwestern markets.  Our reach, however, extends globally as we are a member of the Multilaw Association, whose member firms span the globe.  Despite these international ties, our own members have significant relations, connections, and expertise in the markets of China, Japan, India, Germany, Denmark, South Africa, Russia, and various Latin America countries.  

Other export related services provided by Frost Brown Todd’s International Trade Regulation Service Team include:

  • Classifying Goods
  • Export Administration Regulations (the “EAR”) Analysis
  • Export Regulation Compliance Assessments
  • Export Regulation Compliance Program Development
  • Recordkeeping
  • Export Compliance Manuals
  • Audit Company Export Policies and Procedures
  • Transaction Screening (denied parties)
  • Compliance Training and Education
  • Compliance with U.S. Sanctions
  • Export Licensing Requirements and Procedures
  • Obtaining Export Licenses (including licenses from the Office of Foreign Assets Control)
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