Maynard Nexsen’s Sanctions and Import / Export Controls practice routinely advises clients across a variety of industries on compliance with the U.S. Department of State's International Traffic in Arms Regulations (ITAR), the U.S. Department of Commerce's Export Administration Regulations (EAR), and sanctions laws administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), as well as similar controls in countries around the world. Similarly, we assist clients with import/export and other customs matters involving product classification and seizures with the Customs and Border Protection (CBP), importation of talent challenges with U.S. Citizenship and Immigration Services, and with Immigration and Customs Enforcement (ICE). We “right size” sanctions and import/export controls solutions for all types of clients, from start-ups to non-profits to multinational publicly traded companies. We provide customized, often unique solutions when our clients experience challenges with the global movement of their goods, talent, intellectual property and finances.

Representative Services

We provide services across the entire spectrum of sanctions and export/import issues, such as:

Advice and Counsel
  • Monitoring and counseling clients on the effects of new or existing laws and regulations on their business practices
  • Export and import classification including Commodity Jurisdiction requests, self-classification, formal Commerce Department Classification, and tariff classification/duty rate
  • All aspects of the impact of the recent trade war between China and the U.S., including the tariffs associated therewith
  • Advising on country of origin determinations and marketing requirements, as well as duty preference and free trade programs
  • Assistance with client cost-benefit analyses of operating in a US Free Trade Zone
  • Global supply chain transparency issues impacting the importation of products into the United States and modern slavery / human trafficking statements
  • “Deemed Export” and EAR / ITAR advice for U.S. companies recruiting and employing foreign persons
Compliance Program Design and Implementation
  • Crafting or improving compliance policies and programs
  • Conducting tailored trainings for key personnel
  • Drafting and negotiating contractual provisions to manage risk
  • Conducting internal investigations of potential violations, including possible voluntary self-disclosures if warranted
  • Performing compliance reviews or audits
  • Crafting and negotiating compliance certifications for vendors, suppliers, contractors, customers and other third parties
  • Developing and assisting with the implementation of foreign corrupt practices (FCPA) and similar anti-bribery policies and procedures, and communicating same within a client organization
  • Developing compliant hiring policies and procedures for companies subject to EAR, ITAR and the Arms Export Control Act
Assistance with Government Interaction and Enforcement Actions
  • Obtaining licenses or interpretive guidance from regulators
  • Responding to subpoenas or other document requests
  • Facilitating voluntary self-disclosures
  • Defending government investigations of potential violations (DOJ, OFAC, BIS, CBP, ICE, DHS, HSI)
  • Ruling requests, petitions and protests
Deal Diligence
  • Assisting with sanctions and import/export issues that arise during the due diligence process
  • Assessing supply chain vulnerability and vetting foreign relationships
  • Assessing compliance with anti-discrimination laws for onboarding personnel in companies subject to EAR / ITAR compliance
  • Crafting contract language
  • Assisting with remediation post-transaction



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