Export Control Law & Compliance

McLean, Virginia: Federal Export Control Law and Compliance With ITAR

It is an understatement to say that the United States closely regulates its military-related export industries. Any company that designs, manufactures, or exports anything that could have a military application is well advised to seek legal counsel. Failure to comply with the federal International Traffic in Arms Regulations (ITAR) and other government export control laws can expose you to civil and criminal liability.

As part of the bundle of legal services we offer to government contractors, The Martin Law Firm, PLLC, develops export control compliance programs for companies of any size so they can ensure they do not inadvertently violate export control laws.

Located in McLean, Virginia, The Martin Law Firm represents small and medium-sized businesses who hold government contracts or participate in other activities that are highly regulated by the federal government. Under the leadership of veteran government contracts attorney Kenneth Martin, we have built a reputation as a powerful force for businesses needing innovative and affordable legal counsel.

Export control restrictions based on product or destination

Three principal agencies regulate exports from the United States:

• The U.S. Department of State's Directorate of Defense Trade Controls (DDTC) administers export control of defense exports.
• The U.S. Department of Commerce's Bureau of Industry and Security (BIS) administers export control of so-called "dual-use" technology exports.
• The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) administers exports to embargoed countries and designated entities.

The International Traffic in Arms Regulations (ITAR) contains the United States Munitions List (USML) and lists the commodities and related technical data and defense services that are controlled for export purposes. Export companies are strongly advised against attempting to export any item on the USML list without first obtaining legal guidance from a lawyer experienced in export controls regulations and law.

Non-citizen employees and compliance with government export control laws

U.S. export control laws impact people as well as products. Any company that employs non-citizens and that designs or manufactures defense-related or dual-use technologies should seek legal advice about export control laws and compliance.

If a non-citizen gains access to such information, the U.S. government may deem that employee's access to be an export —even though no product has left the country. The company at fault could be fined millions of dollars for violating export control laws.

Prevent fines and prosecution for violations of export control laws

Compliance with ITAR and other export control laws can be complex, but it is essential. We have immediate appointments available to provide answers to questions about your liability and how to develop an effective export control law and compliance program. To schedule a consultation, call 703.639.4738 or contact us online.