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  • End-to-End Encryption and a New Understanding of Technology and Software Export Controls

    On June 3, 2016, the Commerce Department’s Bureau of Industry and Security (“BIS”) and the State Department’s Directorate of Defense Trade Controls (“DDTC”) both published in the Federal Register final rules updating a number of definitions in the Export Administration Regulations (“EAR”) (81 Fed. Reg. 35,586) and the International Traffic in Arms Regulations (“ITAR”) (81 Fed. Reg. 35,611), respectively.

  • U.S. Customs Audits 101

    U.S. Customs and Border Protection (“CBP” or “Customs”) determines the import compliance levels of importers through audits. Simultaneously, Customs audits are a highly effective revenue collection mechanism that ensure CBP promotes fair trade practices for American industry. The following article provides a general overview of customs audits and recent developments in this area.

  • The Magna Brexit? Potential Implications on Trade & Export Compliance

    The United Kingdom’s (“UK”) 40-year relationship with the European Union (“EU”) is ending due to the historic British vote to leave the EU on June 23, 2016. Given the UK’s decision to leave, any company doing business in the UK or with the UK must monitor potential trade issues that will arise as a result of Britain’s exit, now commonly referred to as Brexit. This article briefly outlines the Brexit’s potential implications on trade.

  • Deemed Exports and Reexports under the Harmonization Rules

    One objective of the Export Control Reform Initiative is to harmonize the definitions of terms or concepts that appear in both the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).

  • Export Compliance Programs

    Compliance with the U.S. export control regulations is a significant issue for companies and their legal and compliance teams.

  • Fighting Fraud and Corruption: The DOJs New FCPA Pilot Program

    The Department of Justice (DOJ) recently announced its creation of a new pilot program designed to encourage companies to voluntarily self-disclose Foreign Corrupt Practices Act (FCPA) violations in exchange for penalty mitigation.

  • Trade Through a Single Window

    On February 19, 2014 President Obama signed executive order 13659. This executive order titled “Streamlining the Export/Import Process for American Businesses” was implemented to modernize and simplify the way executive governments and agencies interact with traders.

  • (Not Quite) Open for Business: Recent Changes to Cuba and Iran Policy Tease New Opportunities

    The United States government has maintained for some time a strict economic sanctions regime targeting Iran and a comprehensive embargo targeting Cuba. Both of these regimes were designed to deny those countries access to the U.S. financial system by generally prohibiting U.S. persons from engaging in nearly any transaction involving Iran or Cuba and their nationals.

  • The Customs Reauthorization Bill: The Most Immediate and Practical Impacts

    Initially introduced in April 2015, the Trade Facilitation and Trade Enforcement Act (the Act), also known as the Customs Reauthorization Bill, was finally enacted in February 2016.

  • A Methodological Approach to Negotiating International Business Disputes

    The United States government has declared increased exports are the path for financial recovery. In particular, the Small Business Administration declared exports are the principal method to buttress American small business. So, how do small businesses effectively negotiate in the international market?

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