United States Export Controls, 6th Edition

Author: John R. Liebman; Roszel C. Thomsen II; James E. Bartlett III
Publisher: Aspen
ISBN: 9781454801238
Published In: November 2011
Format: Loose-leaf , 815 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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New Edition! Know When Your Business Transaction Is Subject to Export Controls and Avoid Sanctions and Penalties!

There should be no question in the mind of any exporter about the government's intention to enforce applicable legislation and regulations. The penalties imposed by export laws and regulations are severe. Violations often lead to heavy fines and, in serious cases, to debarment from contracting with the U.S. Government, and possibly imprisonment. Additionally, the privilege of exporting can be withdrawn from firms or individuals who have violated the regulations, either for specified periods or indefinitely. Ample resources are devoted by the government to the detection and prosecution of violators. The Departments of Defense, Commerce, Homeland Security, Justice, and the several intelligence agencies cooperate in this endeavor. Knowing and willful violations receive, of course, the heaviest sanctions, but unintentional violations are by no means exempt from penalties. Parties to an export transaction are expected to know and comply with the regulations.

United States Export Controls, Sixth Edition provides a reference to which exporters, and those who work closely with them, can refer in their daily business operations in order to comply with the myriad export rules and regulations. Thorough knowledge of the regulations is essential in finding practical solutions to export licensing problems related to specific transactions, in formulating export marketing plans to minimize the impact of controls, and in the organizing company resources to deal correctly and efficiently with both the legal requirements and the day-to-day operational demands of the export control regulations.

Chapter 1. Overview of Agency Jurisdiction

§ 1.01 Overview
§ 1.02 Export Controls on Persons and Entities
§ 1.03 Export Controls on Items and Activities
§ 1.04 The National Export Initiative

Chapter 2. Treasury Office of Foreign Asset Control (OFAC) Controls

§ 2.01 Overview
§ 2.02 Common Elements
§ 2.03 Comprehensive Sanctions Programs
§ 2.04 Limited Sanctions Programs
§ 2.05 FOIA Requests
§ 2.06 Conflicting Foreign Laws

Chapter 3. Export Administration Regulations

§ 3. 01 Basic Concepts
§ 3. 02 Export Licenses and License Applications
§ 3. 03 Export Clearance
§ 3. 04 License Exceptions and Post-Shipment Responsibilities
§ 3. 05 Retention of Records

Chapter 4. International Traffic in Arms Regulations

§4.01. Introduction
§4.02 What and Whom Does the ITAR Regulate?
§4.03 Before You Export—Prerequisites
§4.05 Exemptions
§4.06 ITAR Appendix

Chapter 5. Enforcement

§ 5.01 Introduction and Scope of Discussion
§ 5.02 Extraterritorial Sanctions
§ 5.03 Issues and Concepts Common to Export Enforcement Activities
§ 5.04 Denied Parties
§ 5.05 Voluntary Disclosures

Chapter 6. Encryption

§ 6.01 Introduction
§ 6.02 Classification
§ 6.03 License Exception ENC
§ 6.04 Other License Exceptions
§ 6.05 Licensing
§ 6.06 Special Subjects
§ 6.07 Terrorist-Supporting Countries
§ 6.08 Wassanaar
§ 6.09 Conclusion

Chapter 7. Hazardous Substances

§ 7.01 Environmental Protection Agency
§ 7.02 Consumer Product Safety Commission
§ 7.03 Food and Drug Administration
§ 7.04 Drug Enforcement Agency

Chapter 8. Foreign Corrupt Practices Act and Export Controls

§ 8.01 Introduction
§ 8.02 The Foreign Corrupt Practices Act
§ 8.03 The FCPA and the Export Regulations
§ 8.04 Implementing Comprehensive Compliance Programs

Chapter 9. Commerce Anti-Boycott Restrictions

§ 9.01 The Arab League Boycott of Israel
§ 9.02 The Blacklisting of Firms
§ 9.03 Application of the Boycott
§ 9.04 United States Anti-Boycott Legislation
§ 9.05 Export-Related Anti-Boycott Legislation
§ 9.06 Tax-Related Anti-Boycott Legislation
§ 9.07 Differences Between Export-Related and Tax-Related Anti-Boycott Legislation

Chapter 10. Chemical Weapons Convention

§ 10.01 General Obligations
§ 10.02 Organization for the Prohibition of Chemical Weapons
§ 10.03 Verification System
§ 10.04 Chemical Weapons Convention Implementation Act
§ 10.05 Chemical Weapons Convention Regulations
§ 10.06 Fourth Amendment Jurisprudence
§ 10.07 Disclosure of Confidential Business Information

John R. Liebman

John R. Liebman is counsel to McKenna Long & Aldridge, LLP, resident in the firm’s Los Angeles office. His practice emphasizes regulation of exports and technology transfers in the commercial and defense sectors, including compliance counseling and the representation of companies in enforcement proceedings. His clients include high-technology companies, including defense contractors and subcontractors in the U.S. and abroad. He has been a member of the President’s Export Council Subcommittee on Export Administration and the Defense Trade Advisory Group, as well as a lecturer in international trade at U.C.L.A. School of Law. He has been included among The Best Lawyers in America for a number of years, and is a former U.S. Marine Corps officer.

Roszel C. Thomsen II

ROSZEL C. THOMSEN II is a partner at Thomsen and Burke LLP. He concentrates on international trade and investment law, with emphasis on representing information technology and life sciences companies and their trade associations in regulatory, legislative and enforcement matters. Mr. Thomsen is listed in The Best Lawyers in America, a co-author of United States Export Controls, and an editor of the Journal of Internet Law. He is a member of the Steering Committee on the Federal Bureau of Investigation’s Information Technology Study Group, a member of the Commerce Department, Bureau of Industry and Security’s Information Systems Technical Advisory Committee, and has participated twice as an Industry Representative on the United States Delegation to the Wassenaar Arrangement in Vienna, Austria.

James E. Bartlett III

James E. Bartlett III is Senior Counsel—Export/Import Law, Northrop Grumman Corporation. He was previously Director, Global Trade Controls, Harris Corporation, an associate with McKenna Long & Aldridge, and Assistant General Counsel of the Defense Intelligence Agency. Jim’s other books include The Annotated ITAR, The Annotated FTR, and The Annotated NISPOM. He is also editor of the SIA Pocket ITAR, the Export/Import Daily Update Newsletter, and Associate Editor of theABA Public Contract Law Journal.