Departments of Commerce and State – Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR)

The US Department of Commerce and the US Department of State administer and enforce export control regulations governing the cross-border movement of US goods, technology, software, and services. The Commerce Department administers the Export Administration Regulations (EAR), which regulate the export and re-export of commercial and “dual use” commodities, software, and technology, as well as certain less sensitive military and space-related items. The State Department administers the International Traffic in Arms Regulations (ITAR), which regulate the export, re-export, and temporary import of defense articles and defense services. 

Latham advises clients in the following sectors on US export controls issues under both the ITAR and the EAR: aerospace and defense, energy, financial services, automotive, electronics, emerging technologies, life sciences, telecommunications, and not-for-profit, among others. Latham’s export controls practice is well positioned to help clients across the globe comply with these regulations. The firm’s key focus areas include:

• Leading large-scale investigations, both internal and in response to government inquiries, of possible instances of non-compliance with US export controls, preparing disclosures, designing and implementing compliance program enhancements, and negotiating resolutions with the relevant US government agencies
• Determining applicable export control jurisdiction and classification of products, software and technology, and providing day-to-day compliance counseling on applicable licensing and associated regulatory requirements
• Securing government approvals, commodity jurisdiction and commodity classification rulings, and advisory opinions on interpretive issues from the Commerce and State Departments
• Performing due diligence in connection with contemplated mergers, acquisitions, joint ventures, or other business activities, including advising clients on export controls compliance in the financing and private equity contexts

The firm has helped numerous global companies achieve successful outcomes in some of the most challenging and high-stakes matters in this space. Latham draws on its depth and breadth of experience to effectively partner with diverse entities in this complex, sensitive, and aggressively enforced area of law.