Corporate Counsel S Guide To Export Controls

"This book is intended as an overview of this complex and dynamic body of law. While it should prove a valuable resource to both seasoned and novice practitioners, compliance professionals, and students, it is neither a substitute for-nor should it be relied upon as-legal advice in the context of specific transactions"--

Designed as a one-stop guide for exporters, their counsel and technical advisors, this one-volume source book will keep you up to date on the constantly changing regulations covering the export of a variety of technologies and products. This fully up-to-date reference covers the most recent developments in export controls, including coverage of the completely revised Export Administration Regulations of the Department of Commerce. You get expert guidance, detailed charts, sample forms, and checklists. the authors cover issues such as: Enforcement Munitions controls New sanctions the demise of COCOM Commerce controls and more

Export controls and economic sanctions increasingly affect the day-to-day business operations across the globe. No company with cross-border operations or even a multinational work force is immune from their application or can afford to ignore these laws. Though once a relatively esoteric area of legal practice, controls over the export of goods, technology, and services now represent a basic element of corporate compliance whether your client is involved in import/export activity, mergers & acquisitions, joint ventures, licensing agreements, distribution contracts, or banking and finance transactions. This book is intended as an overview of this complex and dynamic body of law. It proves to be a valuable resource to both seasoned and novice practitioners alike, providing a thorough and practical guide that can assist counsel and compliance professionals in identifying the myriad issues, navigating the rules, and managing client risks in the challenging but fascinating area of export controls and economic sanctions law.

There should be no question in the mind of any exporter about the government'sintention to enforce applicable legislation and regulations. The penaltiesimposed by export laws and regulations are severe. Violations often lead toheavy fines and, in serious cases, to debarment from contracting with the U.S.Government, and possibly imprisonment. Additionally, the privilege ofexporting can be withdrawn from firms or individuals who have violated theregulations, either for specified periods or indefinitely. Ample resources aredevoted by the government to the detection and prosecution of violators. TheDepartments of Defense, Commerce, Homeland Security, Justice, and the severalintelligence agencies cooperate in this endeavor. Knowing and willfulviolations receive, of course, the heaviest sanctions, but unintentionalviolations are by no means exempt from penalties. Parties to an exporttransaction are expected to know and comply with the regulations.United States Export Controls, Sixth Edition provides areference to which exporters, and those who work closely with them, can referin their daily business operations in order to comply with the myriad exportrules and regulations. Thorough knowledge of the regulations is essential infinding practical solutions to export licensing problems related to specifictransactions, in formulating export marketing plans to minimize the impact ofcontrols, and in the organizing company resources to deal correctly andefficiently with both the legal requirements and the day-to-day operationaldemands of the export control regulations.

Export control laws and regulations are the legal framework for countries around the globe to ensure world peace and stability and their importance in international trade is growing. The reasons behind this growth lie in the evolution of technology, the fact that increasing amounts of goods/services are subject to controls (such goods/services representing a very large segment of world trade), and the increasing threat linked to terrorism. Consequently, export control laws and regulations have become extremely important for those involved in the international trade of goods/services with a direct or even indirect military use. Export control laws and regulations are complex, difficult to understand, and constantly evolving. Infringements can lead to very serious sanctions (civil, administrative, or criminal), and, not to be minimized, the risk of serious damage to the corporate image of one or more parties to a questionable transaction. Yann Aubin and Arnault Idiart are involved in such issues on a day-to-day basis in their respective capacities as lawyer and export compliance officer within the European Aeronautics Defence and Space Company (EADS). They have gathered contributions from expert practitioners (EADS and Thales as well as Hogan and Hartson LLP) and university scholars (Paris 11 Law School/Institute of Space and Telecommunications Law (IDEST) faculty and advanced students) to make the Export Control Handbook as useful as possible. The Export Control Handbook provides a practical examination of the export/import control regimes of defense and dual use goods and services of a number of selected jurisdictions around the world (China; European Union; France; Germany; India; Italy; Japan; Russian Federation; Spain; United Kingdom; United States). The Handbook contains a very useful appendix including, among other things, compliance procedures and standard country-specific application (or related) forms. The aim of each country-specific chapter of the Handbook is to provide actionable information designed to guide foreign entities wishing to undertake production in the jurisdiction (e.g., through a local subcontractor or a local subsidiary (which could be a joint venture) in order to subsequently export that product anywhere in the world. The Export Control Handbook is invaluable to any international trade professional (lawyer, compliance officer, etc.) or entity with a need to know the specific requirements to be followed in the jurisdiction in question for the efficient and legally compliant import or export of controlled military or dual-use goods or services.

The importance of export control laws and regulations in international trade continues to grow, not only because of the increase in world trade and technology dispersion, but also due to concerns surrounding national and regional stability and the risk of terrorism. Accordingly, familiarity with export control laws and regulations around the world has become extremely important for those involved in the international trade of dual-use or military goods, technology, and services. In this preeminent handbook, now in its third edition, two experienced professionals have gathered contributions from expert practitioners and academics. The third edition adds three new country chapters (Brazil, Israel, and Sweden) and a new separate chapter on sanctions and embargoes. In addition to chapters on the international regime in general, the book provides a practical overview of the export/import control regimes covering defence and dual-use goods and services in fourteen key jurisdictions. Country reports each follow the same structure for easy comparison. Issues and topics covered include the following and much more: • import/export legal and regulatory requirements for controlled goods and services; • sanctions for breach of such requirements (civil, administrative, or criminal); • licence application processes; • arms, dual-use and other products embargo (including chemical and biological materials and technology); and • enforcement measures. The Handbook also makes available, through an online application, all important standard export control–related forms, templates, and other related documents, all of which readers can use to draft their own documents. The Handbook is invaluable to any professional (such as lawyers, compliance key players, procurement, logistics, finance and customs practitioners) working in relation to an organisation with a need to know the specific requirements to be followed for the efficient - and legally compliant - import or export of controlled military or dual-use goods, technologies or services.