Federal regulations exist by which the U.S. Government administers export control programs that regulate the transfer of goods, technology, software and services to foreign nationals and foreign governments. Fausti & Associates regularly counsels individuals and businesses on these complex regulations including the International Traffic in Arms Regulation (ITAR) administered by the Directorate of Defense Trade Controls (DDTC) with regard to the export of defense articles and services. We also counsel clients in connection with the export requirements involved with the transfer of dual use items controlled primarily under Export Administration Regulation (EAR) administered by the U.S. Bureau of Industry and Security (BIS).

Given the legal complexities of these regulatory schemes, Fausti & Associates’ frequently advises clients in the process of evaluating the governing legal requirements for proposed transactions involving the international sale of goods and services, obtaining required export licenses or identifying applicable license exceptions, license amendments, and special license requirements. Additionally, the firm also assists its clients in the submission of voluntary disclosures in connection with export improprieties, Manufacturing and Distribution License Agreement submission, as well as handling commodity jurisdiction rulings and commodity classification determinations.

The firm’s export practice also largely involves internal corporate compliance by which our attorneys assist clients in the process of developing and implementing compliance programs that meet DDTC and BIS export standards, and conducting corporate due diligence activities, including training and audit functions, to also facilitate corporate compliance. In this respect, we apply our in-depth analysis and knowledge of regulatory requirements to our clients’ business operations with the goal of creating an appropriate culture of internal corporate compliance.

Our export clients operate in numerous industries including aviation and aerospace, data processing, computer manufacturers, defense contractors, e-commerce, engineering and construction services, industrial equipment and tooling, military electronics, and software.