Export Controls

Skadden’s international trade attorneys have wide-ranging experience in matters involving U.S. export controls requirements under the International Trafficking in Arms Regulations, the Export Administration Regulations and other regulatory regimes. We regularly advise U.S. and international companies on such matters in virtually all sectors of the economy, including oil and gas, software and technology, defense contracting, telecommunications, pharmaceuticals and biotechnology, automotive and nuclear energy, as well as financial institutions, including private equity and hedge funds.

We assist clients in interpreting the scope and applicability of export controls requirements, determining the export classification of products and technologies, conducting due diligence reviews in the context of major acquisitions and their day-to-day operations, obtaining licenses and other authorizations for exports and assisting with disclosures of possible violations. We also frequently advise on the implications of listings on export controls-related restricted party lists, including the Statutorily Debarred Parties list maintained by the U.S. Department of State, Directorate of Defense Trade Controls, and the Denied Party List, Entity List and Unverified List maintained by the U.S. Department of Commerce, Bureau of Industry and Security. Our international trade attorneys also regularly advise companies with export-controlled technologies on national security reviews by the Committee on Foreign Investment in the United States and other foreign direct investment review regimes. We also help develop and implement internal compliance programs, conduct internal investigations and design remedial measures, including voluntary disclosures to export controls regulators where appropriate.

Enforcement

Skadden’s international trade attorneys regularly represent U.S. and international companies in civil and criminal export enforcement actions and inquiries brought by the U.S. Department of Commerce, Bureau of Industry and Security; the U.S. Department of Justice; the U.S. Department of State, Directorate of Defense Trade Controls; and the U.S. Department of Homeland Security. We also regularly assist clients that have identified potential export control violations with internal audits, internal investigations, and preparing voluntary disclosures and supporting documentation. We draw on our significant experience working with various U.S. government agencies, as well as our international resources from our non-U.S. offices and networks, to negotiate favorable resolutions and dispositions of disclosures and enforcement actions.