Full Circle Trade Law
Full Circle Trade Law, PLLC (“FCC Law”) works closely with FCC Advisory B.V. to support its clients in being compliant with U.S. export controls, including the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), the regulations enforced by the Office of Foreign Assets Control (OFAC), and the Anti-Boycott Regulations. We assist clients in:
- Determining regulatory jurisdiction and classification;
- Obtaining the appropriate licenses or authorizations needed for transactions;
- Conducting export compliance assessments and audits; and
- Conducting and managing investigations suspected regulatory violations, preparing disclosures when necessary, and representing clients before the applicable government agencies.
FCC Law has extensive experience handling issues arising from the U.S. export control regulations, including the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and the regulations imposed by the Office of Foreign Assets Control (OFAC). We work closely with our clients in all aspects of export regulation, and other related areas, which are listed below.
Jurisdiction & Classification
The first step in U.S. export controls is determining the proper jurisdiction (ITAR or EAR) of the products or services at issue. From there, one must determine the specific classification within the applicable jurisdiction, i.e., the specific category on the United States Munitions List (USML) or Export Control Classification Number (ECCN) on the Commerce Control List (CCL). We assist clients in making these determinations, including self-classifications as well preparing Commodity Jurisdiction (CJ) requests to the Directorate of Defense Trade Controls (DDTC) or Commodity Classification (C-CATS) Requests to the Bureau of Industry and Security (BIS).
Once the proper jurisdiction and classification is determined for a particular product/technology, we assist clients with the entire spectrum of export compliance needs, including authorizations. We help determine whether an export license is required, or whether an export exception/exemption is available. We help prepare export license requests or properly document the use of license exceptions/exemptions. We assist clients in drafting and submitting DDTC Manufacturing License Agreements (MLA), Technical Assistance Agreements (TAA), and Warehouse and Distribution Agreements (WDA). We assist clients in the execution of these authorizations to properly maintain compliance with the licensing terms.
Auditing & Compliance
Together with FCC Advisory we conduct audits under attorney-client privileges (whether initiated by the company or mandated by the government) related to compliance with applicable regulations, including the ITAR and EAR (as well as compliance with the OFAC regulations, and the Anti-Boycott regulations). We assist organizations in developing effective export compliance programs, and manage any regulatory infractions that are revealed during an audit.
The Departments of State and Commerce have no qualms about imposing successor liability and penalizing companies for past export violations committed prior to a merger or acquisition (M&A). As a result, export compliance due diligence is not only mandatory, but it must be conducted well in advance of the purchase or sale decision. FCC Law has significant experience with the unique issues that arise with export compliance due diligence reviews in furtherance of an M&A.
Investigations & Enforcement
We represent clients before the range of federal agencies responsible for overseeing and administering export controls, including the Departments of State, Commerce, and Treasury. In this capacity, we assist clients with investigating potential violations and, if necessary, drafting and submitting voluntary self-disclosures. Further, we will liaise with appropriate agency officials regarding export or licensing violations and penalties, compliance/training/audit issues, as well as settlement negotiations.
We are acutely aware of the distinct export control issues that arise in an academic/research institution context. In institutional cultures where collaboration is critical, we have helped clients navigate the unique issues they face related to: (i) the employment of, and collaboration with, foreign scholars and associated “deemed export” issues; (ii) EAR and ITAR university-specific exceptions/exemptions; and (iii) the general academic sharing of research and technology.
About FCC Law
About FCC Law
FCC Law is led by James E. Bartlett III. Jim is an attorney, author, and frequent lecturer in international trade (including Honorary Lecturer at the EMITC program), with a specialty in arms and defense technology trade compliance. He is the author of several books on international trade controls, including Bartlett’s Annotated ITAR (“BITAR”; the International Traffic in Arms Regulations), Bartlett’s Annotated FTR (“BAFTR”; the Foreign Trade Regulations), and co-author of U.S. Export Controls, 7th Edition (2018). Jim is also the editor and publisher of The Export/Import Daily Update (“The Daily Bugle”) a newsletter with more than 7,000 world-wide subscribers at over 500 companies and government agencies. He has J.D. and LL.M. law degrees, and is a licensed U.S. Customs broker. Jim is also a partner and director U.S. operations for Full Circle Compliance, and was previously Senior Counsel, Export/Import Law, for Northrop Grumman Corporation, and Assistant General Counsel for the U.S. Defense Intelligence Agency.
Full Circle Trade Law, PPLC
1300 Pennsylvania Ave, Suite 700
Washington, District of Columbia
2004 United States